Contractual Compliance: Difference between revisions

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Prior to the creation of the base RA, audit provisions tended to be limited to financial records and technical reports. For example, Verisign's Registry Agreement to manage the [[.com]] domain contained no mention of compliance audits until its amendment in December 2012.<ref>[https://www.icann.org/en/registry-agreements/com/com-registry-agreement-1-12-2012-en ICANN.org - .com Registry Agreement], as amended December 1, 2012. Compare with [https://www.icann.org/en/registry-agreements/com/com-registry-agreement---1-march-2006-amended-22-september-2010-22-9-2010-en the .com Registry Agreement] as amended September 22, 2010</ref>

====2007 Announcement of Compliance Audit Processes====

===2007 Announcement of Compliance Audit Processes===

In March 2007, Contractual Compliance announced its intention to begin auditing the contractual and operational compliance of registries and registrars.<ref>[https://www.icann.org/en/blogs/details/updated-contractual-compliance-program-24-3-2007-en ICANN.org Blog - Updated Contractual Compliance Program], March 24, 2007</ref> Three days earlier, ICANN's CEO at the time, [[Paul Twomey]], announced that review and revision of ICANN's Registrar Accreditation process was necessary to ensure consumer protection and enforcement goals.<ref>[https://www.icann.org/en/announcements/details/registrar-accreditation-policy-and-process-must-be-reviewed-21-3-2007-en ICANN.org - Registrar Accreditation Policy and Process must be reviewed], March 21, 2007</ref> The announcement was prompted in part by the termination of [[RegisterFly]] due to a large volume of customer complaints. At the time of the announcement, there were no contractual provisions for such audits, except to the extent that individual registry agreements might grant a right to audit technical records of registry operators.

In March 2007, Contractual Compliance announced its intention to begin auditing the contractual and operational compliance of registries and registrars.<ref>[https://www.icann.org/en/blogs/details/updated-contractual-compliance-program-24-3-2007-en ICANN.org Blog - Updated Contractual Compliance Program], March 24, 2007</ref> Three days earlier, ICANN's CEO at the time, [[Paul Twomey]], announced that review and revision of ICANN's Registrar Accreditation process was necessary to ensure consumer protection and enforcement goals.<ref>[https://www.icann.org/en/announcements/details/registrar-accreditation-policy-and-process-must-be-reviewed-21-3-2007-en ICANN.org - Registrar Accreditation Policy and Process must be reviewed], March 21, 2007</ref> The announcement was prompted in part by the termination of [[RegisterFly]] due to a large volume of customer complaints. Some commentators criticized ICANN at the time for failing to act sooner.<ref>[https://domainnamewire.com/2007/03/27/icann-lets-learn-from-registerfly/ Domain Name Wire - ICANN: Let's Learn from RegisterFly], March 27, 2007</ref> ICANN executives at the time identified the lack of enforcement mechanisms apart for revocation of accreditation hampered ICANN's capacity to respond.<ref>[https://www.cbc.ca/news/science/icann-to-review-domain-name-regulations-1.671879 CBC News - ICANN to Review Domain Name Regulations], March 27, 2007</ref>

At the time of the announcement, there were no contractual provisions for such audits, except to the extent that individual registry agreements might grant a right to audit technical records of registry operators. However, review of the RAA was discussed at [[ICANN 28]] in Lisbon at the end of March.<ref>[https://www.icann.org/resources/board-material/resolutions-2007-03-30-en#_Toc36876525 ICANN Board Meeting Minutes], June 30, 2007</ref> In June 2007, the ICANN Board initiated its Consultation on Registrar Accreditation Agreements.<ref>[https://www.icann.org/resources/board-material/resolutions-2007-06-29-en#k Resolutions 07.50-07.52 of the Board], June 29, 2007</ref>

===Three-Year Audit Program, 2012-2014===

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 Prior to the creation of the base RA, audit provisions tended to be limited to financial records and technical reports. For example, Verisign's Registry Agreement to manage the [[.com]] domain contained no mention of compliance audits until its amendment in December 2012.<ref>[https://www.icann.org/en/registry-agreements/com/com-registry-agreement-1-12-2012-en ICANN.org - .com Registry Agreement], as amended December 1, 2012. Compare with [https://www.icann.org/en/registry-agreements/com/com-registry-agreement---1-march-2006-amended-22-september-2010-22-9-2010-en the .com Registry Agreement] as amended September 22, 2010</ref>
-====2007 Announcement of Compliance Audit Processes====
+===2007 Announcement of Compliance Audit Processes===
-In March 2007, Contractual Compliance announced its intention to begin auditing the contractual and operational compliance of registries and registrars.<ref>[https://www.icann.org/en/blogs/details/updated-contractual-compliance-program-24-3-2007-en ICANN.org Blog - Updated Contractual Compliance Program], March 24, 2007</ref> Three days earlier, ICANN's CEO at the time, [[Paul Twomey]], announced that review and revision of ICANN's Registrar Accreditation process was necessary to ensure consumer protection and enforcement goals.<ref>[https://www.icann.org/en/announcements/details/registrar-accreditation-policy-and-process-must-be-reviewed-21-3-2007-en ICANN.org - Registrar Accreditation Policy and Process must be reviewed], March 21, 2007</ref> The announcement was prompted in part by the termination of [[RegisterFly]] due to a large volume of customer complaints. At the time of the announcement, there were no contractual provisions for such audits, except to the extent that individual registry agreements might grant a right to audit technical records of registry operators.
+In March 2007, Contractual Compliance announced its intention to begin auditing the contractual and operational compliance of registries and registrars.<ref>[https://www.icann.org/en/blogs/details/updated-contractual-compliance-program-24-3-2007-en ICANN.org Blog - Updated Contractual Compliance Program], March 24, 2007</ref> Three days earlier, ICANN's CEO at the time, [[Paul Twomey]], announced that review and revision of ICANN's Registrar Accreditation process was necessary to ensure consumer protection and enforcement goals.<ref>[https://www.icann.org/en/announcements/details/registrar-accreditation-policy-and-process-must-be-reviewed-21-3-2007-en ICANN.org - Registrar Accreditation Policy and Process must be reviewed], March 21, 2007</ref> The announcement was prompted in part by the termination of [[RegisterFly]] due to a large volume of customer complaints. Some commentators criticized ICANN at the time for failing to act sooner.<ref>[https://domainnamewire.com/2007/03/27/icann-lets-learn-from-registerfly/ Domain Name Wire - ICANN: Let's Learn from RegisterFly], March 27, 2007</ref> ICANN executives at the time identified the lack of enforcement mechanisms apart for revocation of accreditation hampered ICANN's capacity to respond.<ref>[https://www.cbc.ca/news/science/icann-to-review-domain-name-regulations-1.671879 CBC News - ICANN to Review Domain Name Regulations], March 27, 2007</ref>
+At the time of the announcement, there were no contractual provisions for such audits, except to the extent that individual registry agreements might grant a right to audit technical records of registry operators. However, review of the RAA was discussed at [[ICANN 28]] in Lisbon at the end of March.<ref>[https://www.icann.org/resources/board-material/resolutions-2007-03-30-en#_Toc36876525 ICANN Board Meeting Minutes], June 30, 2007</ref> In June 2007, the ICANN Board initiated its Consultation on Registrar Accreditation Agreements.<ref>[https://www.icann.org/resources/board-material/resolutions-2007-06-29-en#k Resolutions 07.50-07.52 of the Board], June 29, 2007</ref>
 ===Three-Year Audit Program, 2012-2014===