[bc-gnso] ICANN enforcement of Registrar obligations against Abuse

[Steve DelBianco]

This week in Montreal, we met with ICANN Compliance chief Jamie Hedlund (copied here).

On Tuesday, Jamie shared the 2 breach notices issued for violations of Public Interest Commitments in Spec 11 in the Registry Agreement, pertaining to the transparency requirement in 3c.

Yesterday, I asked Jamie to share breach notices based on 3.18.1 of the Registrar Accreditation Agreement (RAA):

3.18 Registrar's Abuse Contact and Duty to Investigate Reports of Abuse.

3.18.1 Registrar shall maintain an abuse contact to receive reports of abuse involving Registered Names sponsored by Registrar, including reports of Illegal Activity. Registrar shall publish an email address to receive such reports on the home page of Registrar's website (or in another standardized place that may be designated by ICANN from time to time). Registrar shall take reasonable and prompt steps to investigate and respond appropriately to any reports of abuse.

Below is Jamie’s quick response (Thanks, Jamie).

ICANN Compliance issued a notice of breach<https://www.icann.org/uploads/compliance_notice/attachment/891/serad-to-hansmann-13dec16.pdf> and was subsequently escalated to termination<https://www.icann.org/uploads/compliance_notice/attachment/895/serad-to-hansmann-4jan17.pdf> of the registrar’s accreditation for failure to demonstrate compliance in response to a notice involving the registrar’s handling of an abuse report.


There was a second breach based on Section 3.18 for failure to investigate and respond to abuse reports: https://www.icann.org/en/system/files/correspondence/serad-to-golding-22jan15-en.pdf


ICANN Compliance has issued several notices that included violations of the obligation to display abuse contact information under Section 3.18 of the RAA; a few examples below (their status, including whether they were cured, or escalated to suspension or termination is listed in the Compliance enforcement page at https://www.icann.org/compliance/notices)



https://www.icann.org/uploads/compliance_notice/attachment/981/serad-to-677-20nov17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/923/serad-to-nicolas-24apr17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/901/serad-to-orza-13feb17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/1125/hedlund-to-barria-21may19.pdf

https://www.icann.org/uploads/compliance_notice/attachment/1033/serad-to-loiseau-26apr18.pdf

https://www.icann.org/uploads/compliance_notice/attachment/1107/serad-to-zhou-14feb19.pdf

https://www.icann.org/uploads/compliance_notice/attachment/1055/serad-to-pellegrini-26jul18.pdf

https://www.icann.org/uploads/compliance_notice/attachment/1047/serad-to-wang-10jul18.pdf

https://www.icann.org/uploads/compliance_notice/attachment/1037/serad-to-zhou-30apr18.pdf

https://www.icann.org/uploads/compliance_notice/attachment/1035/serad-to-delanoy-27apr18.pdf

https://www.icann.org/uploads/compliance_notice/attachment/1021/serad-to-kang-4apr18.pdf

https://www.icann.org/uploads/compliance_notice/attachment/979/serad-to-240-20nov17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/953/serad-to-lopez-29aug17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/945/serad-to-boomavan-28jul17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/931/serad-to-venkataraman-16may17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/923/serad-to-nicolas-24apr17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/913/serad-to-wesson-30mar17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/907/serad-to-villalvirdelcid-13mar17.pdf

https://www.icann.org/uploads/compliance_notice/attachment/903/serad-to-gray-10mar17.pdf



The above does not reflect the number of abuse complaints processed by ICANN Compliance that did not result in breaches (the vast majority across all complaint types). In these cases, the registrar demonstrated having taken reasonable and prompt steps to investigate and respond appropriately to the abuse report in accordance with the registrar’s own abuse policies by, for example, suspending the domain name; contacting the registrant of the domain name(s) subject to the abuse report and asking for and obtaining evidence (e.g. licenses for pharmaceutical-related abuse reports); providing web-hosting information about the subject domain name(s) to the complainant for reporting the abusive content to the entity hosting the allegedly abusive content or terminating the agreement between the registrar and registrant by allowing the transfer to a different registrar.



Hope this is helpful. Thanks.


Best,
Jamie



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