Reconsideration Request 02-2
Supplemental Information
Received: 2 February 2002

Subject: RE: Your Reconsideration Request
Date: Sat, 2 Feb 2002 16:05:48 -0500
From: admin@consumer.net (admin)
Reply-To: <admin@consumer.net>
To: "'Louis Touton'" <touton@icann.org>

In response to your e-mail below:

[2] For the first part of my request it is difficult to come up with a specific "action" since the reconsideration involved inaction of the part of ICANN staff. This request is a result of ICANN staff's failure to act, not on one specific inquiry or complaint, but a failure to act after hundreds, if not thousands, of requests from the Internet community. Some of the specific activities or "actions" that lead up to this request were the signing of the contracts between ICANN and VeriSign (formerly Network Solutions), the letter you sent which I identified in the request, and the failure of Dan Halloran to act on the many complaints I had filed with Dan Halloran.

My specific communications about this issue are spread over a number of dates: On 6/5/2001 I began sequentially numbering my complaints in the subject line. This message had a subject of "Complaints #1, #2, and #3 against Network Solutions." By 11/18/01 the number was up to 83 with the message: "Complaint #83 against Network Solutions/Verisign-betterbrochure.com." At that point I no longer bothered to file and/or number all of the complaints since no action had been taken. However, some additional complaints were filed without numbers since then. All but one or two of these complaints involved the registrar transfer issues described in the reconsideration request. ICANN staff should be in the possession of these messages.

Further, during this period, and since, Mr. Halloran has received a large number of complaints concerning the same issues. The dates and associated documentation are already in the possession of ICANN staff.

For the second part of my request the specific action is the adoption of the policy for handling individual complaints from registrants which is posted at Internic.net at the URL I supplied with the complaint.

[3] The dates of the action (actually inaction in this case) for the first part are from 6/5/01 to the present date.

[6] The specific actions I request in the first part are to instruct Dan Halloran, or the person in his position, to ensure the registrar requirements are followed for registrar transfers. Also, I request the board to ensure Mr. Halloran, or the person in his position, take the enforcement steps outlined in the contracts with VeriSign and the other registrars.

For the second part I request ICANN set up system to review individual registrant complaints, determine if they involve issues involving the ICANN requirements and agreements, and take the enforcement actions outlined in the contracts with VeriSign and the other registrars.

[7] I do not fully understand what is meant by this question and the term "grounds." It is difficult to provide a legal authority for ICANN since there is none other than the cooperative agreement with DOC. This agreement gives ICANN the authority to create and manage the registrar agreements. When issues arise concerning the failure of the registrars to follow these agreements ICANN is the entity to take action to identify and correct these deviations from the requirements. Dan Halloran is the person who has been placed in the position to enforce these agreements.

If you need more information let me know.

I also wish to add the documentation I received from BBB today:

BBB Reliability Report

Veri Sign, Inc.
487 E Middlefield Rd
Mountain View, CA 94043

General Information

Principal: Vincent Walcott
Phone Number: (888) 642-9675
Type-of-Business Classification:

Customer Experience

Our file experience shows that the company has an unsatisfactory record with the Bureau.Specifically, our records show a pattern of non-response to consumer complaints brought to its attention by the Bureau.

Additional Information

Additional Addresses: 1350 Charleston Rd, Mountain View, CA 94043

Additional Phone Numbers: 650-429-3377

Report as of 02/02/2002

Copyright 2002 Better Business Bureau of Silicon Valley, Inc.

As a matter of policy, the Better Business Bureau does not endorse any product, service or company. BBB reports generally cover a three-year reporting period, and are provided solely to assist you in exercising your own best judgment. Information contained herein is believed reliable but not guaranteed as to accuracy. Reports are subject to change at any time.

The Better Business Bureau reports on members and non-members. Membership in the BBB is voluntary, and members must meet and maintain BBB standards. If a company is a member of this BBB, it is stated in this report.

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