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Domain “slammer” finally gets suspended by ICANN

The beneficiary of the long-running Domain Registry of America scam is finally at risk of losing its ICANN accreditation.

ICANN has suspended Brandon Gray Internet Services, which does business as NameJuice.com, due to the “deceptive” marketing practices carried out by its “resellers”.

The company won’t be able to register any gTLD names or receive transfers for 90 days.

If NameJuice hasn’t sorted out its act by October 17, it faces the risk of losing its accreditation permanently.

The company, you will recall, is the primary beneficiary of the “slamming” scam, which tricks customers of other registrars into transferring their names with confusing, invoice-style junk mail.

Slammers have been operating under various names including Domain Registry of America, Domain Registry of Europe and Domain Registry of Canada for close to 15 years.

I received one in 2011 from the “Domain Renewal Group”, which I blogged about here.

It was sued by Register.com in 2002 over the practice, was forced into a settlement with the US Federal Trade Commission in 2003, and has been involved in tangles with regulators all over the world for the last decade.

But it seems ICANN’s hands were tied until Brandon Gray signed the new 2013 Registrar Accreditation Agreement, which gives ICANN’s compliance department more power over resellers.

ICANN said:

Since at least 2009, ICANN has received numerous complaints from Registered Name Holders, registrars, and various ICANN Supporting Organizations and Advisory Committees regarding the business solicitation practices of Brandon Gray’s resellers. Such practices were not specifically prohibited under the 2001 and 2009 RAAs. Section 3.12 of the 2013 RAA, however, requires registrars to ensure its reseller’s actions comply with the RAA, as well as the Registrants’ Benefits and Responsibilities Specification, which protects Registered Name Holders from false or deceptive practices.

ICANN fingered “reseller” Registration Services Inc as the party behind DROA and the other slamming scams.

In order to cure the latest breach, NameJuice has until August 8 to provide a tonne of information about Registration Services, including its certificate of incorporation, samples of its mailshots, and details of how a sample of specific domains came to be transferred.

In order to avoid losing its accreditation by October 10, the company will also have to promise to force its reseller to stop its deceptive marketing and provide ICANN with samples of future mailings.

NameJuice has 13 tasks in total to comply with to avoid termination proceedings; it’s looking promising that ICANN will finally shut down this blight on the industry just a few months from now.

The irony is, of course, if NameJuice loses its accreditation, all of the names that were obtained under false pretenses will not revert naturally to their original registrar. Instead, if ICANN follows its standard practice, they’ll be transferred in bulk to a third registrar.

You can read the breach notice here and the suspension notice here.

That’s all folks! Final gTLD app gets approved

ICANN has finally finished evaluating all 1,930 new gTLD applications from the 2012 round.

Indian conglomerate Tata Group’s dot-brand .tata passed Extended Evaluation (pdf) on Friday, having apparently secured the non-objection of Morocco, which has a province of the same name.

Calculated from Reveal Day — June 13, 2012 — it’s taken a little over two years (765 days) for every bid to pass through first Initial Evaluation and then, if necessary, Extended Evaluation.

Calculated from the first batch of Initial Evaluation results being released, it’s 483 days.

A total of 1,783 applications passed IE. A further 38 failed, of which 35 passed EE. There have been 211 withdrawals so far and, due to contention, another 380 are expected.

Dot-brands get another year to sign ICANN contract

ICANN has offered dot-brand gTLD applicants the ability to delay the signing of their Registry Agreements until July 29, 2015, nine months later than under the former process.

The extension was offered by ICANN after talks with the Brand Registry Group, whose members felt pressured by the old deadline.

All new gTLD applicants had previously been told they had nine months to sign the contract from the date they receive a so-called “Contracting Information Request” from ICANN.

For many applicants, those CIRs were sent out many months ago, leading to an October 29 deadline.

However, Specification 13 of the contract, which allows dot-brands to opt out of things like sunrise periods and equal treatment of registrars, was not finalized by ICANN until May 14 this year.

Only a minuscule number of dot-brands eligible to sign contracts — which is pretty much all of them — have so far opted to do so.

Bearing the Spec 13 delay in mind, ICANN is now offering would-be dot-brands the July 2015 deadline instead, as long as they show “good faith” by responding to their CIR by September 1.

What this means is that dot-brands might not be hitting the internet for another year.

For non-branded gTLD registries — some of whom hope the big brands’ adoption and marketing will help the visibility of new gTLDs in general — this may be disappointing.

New domain scam? ICANN issues vague warning

Kevin Murphy, July 16, 2014, Domain Services

ICANN has warned internet users about a domain name scam that exploits the ICANN name and logo.

Not giving away much information, ICANN said in a statement:

It has been brought to ICANN’s attention that some online entities have attempted to sell fraudulent “certificates”, which they claim are required to protect generic top-level domain names. The perpetuators of this scam threaten registrants on the protection service with the objective of securing a fee from the registrant. The “certificates” look official and include an unauthorized use of the ICANN logo.

Please note that ICANN does not issue certificates to registrants and does not collect fees from registrants directly.

It’s not clear whether the scam is related to the “ICANN certificates” fraudsters sometimes demand as part of domain appraisal scams, which have been well-documented online.

The reference to a “protection service” and new gTLDs suggest this might be something new.

I asked ICANN for a sample of the scam in question yesterday but haven’t heard back yet.

UPDATE: The certificates look like this:

and this:

Almost half of registrars “deficient” in compliance audit

Almost half of accredited domain name registrars were found “deficient” during a recent ICANN compliance survey.

Results of an audit published today show that 146 of 322 registrars (45%) picked at random for the September 2013 to May 2014 study had to carry out some form of remediation in order to comply with their contracts.

The report comes at the end of the second year of ICANN’s audit program, which aims to bring all accredited registrars and gTLD registries into compliance over three years.

The deficiencies noted at 146 registrars cover areas ranging from compliance with ICANN consensus policies to the availability of Whois services over the web and port 43.

In almost every instance the numbers were down on last year.

For example, ICANN documented 86 registrars who could not initially show compliance with requirements on the retention of registrant data, down from 105 a year ago.

Only 15 registrars of the 322 (4.6%) flunked the audit and will be re-tested. The others were all able to bring their systems into line with ICANN’s requirements during the course of the audit.

Three registrars were terminated as a result of deficiencies identified during this phase of the program.

The full report, along with the list of participating registrars, can be found here.