Two registrars get stay of execution

ICANN has given two registrars another year of accreditation, after previously threatening to terminate their contracts for non-payment of fees.

Abansys & Hostytec and Namehouse, two small registrars, have had the terms of their registrar accreditation agreements extended to August 15, 2011 and July 6, 2011, respectively.

In June, ICANN had told both companies they would be de-accredited on July 1, 2010. Together, the two firms owed almost $20,000 in unpaid fees.

Yesterday, a small note appeared on ICANN’s compliance page:

18 August 2010: Abansys & Hostytec, S.L. RAA effective date extended to 15 August 2011.
18 August 2010: Namehouse, Inc. RAA effective date extended to 6 July 2011.

It’s not entirely clear to me whether this means the registrars have paid up or not. Unlike previous occasions, there’s no mention of whether the companies “cured all outstanding contract breaches”.

According to DotAndCo.net, neither registrar has any domains under management in the gTLDs, although Abansys & Hostytec claims to run over 100,000 domains.

Registrars responsible for proxy cybersquatters

Domain name registrars can be liable when their customers break the law, if those customers use a privacy service, according to new ICANN guidance.

The ICANN advisory clarifies the most recent Registrar Accreditation Agreement, and seems primarily pertinent to UDRP cases where the registrar refuses to cooperate with the arbitrator’s request for proper Whois records.

The advisory says:

a Registered Name Holder licensing the use of a domain is liable for harm caused by the wrongful use of the domain unless the Registered Name Holder promptly identifies the licensee to a party providing the Registered Name Holder with reasonable evidence of actionable harm

In other words, if a domain gets hit with a UDRP claim or trademark infringement lawsuit, as far as the RAA is concerned the proxy service is the legal registrant unless the registrar quickly hands over its customer’s details.

Law enforcement and intellectual property interests have been complaining about registrars refusing to do so for years, most recently in comments on ICANN’s Whois accuracy study.

ICANN offers a definition of the word “promptly” as “within five business days” and “reasonable evidence” as trademark ownership and evidence of infringement.

I don’t think this ICANN guidance will have much of an impact on privacy services offered by the big registrars, which generally seem quite happy to hand over customer identities on demand.

Instead, this looks like it could be the start of a broader ICANN crackdown on certain non-US registrars offering “bulletproof” registrations to cybersquatters and other ne’er-do-wells.

I wouldn’t be surprised to find the number of ICANN de-accreditations citing refusal to cooperate with UDRP claims increasing in future.

The new ICANN document is a draft, and you can comment on it here.

Twenty registrars canned in 2009

ICANN shut down 20 domain name registrars in 2009, and is on course to do the same this year, according to numbers released today.

That’s up from seven de-accreditations in 2008, and twice as many as the previous record year, 2003.

ICANN can withdraw accreditation from a registrar, stopping its ability to register domains, if the registrar fails to escrow Whois information or pay its ICANN dues.

It looks like 2010 could well see a similar level of de-accreditations.

Five registrars were shuttered in the first quarter, and ICANN has sent warnings to five more this month.