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From: Jan Legenhausen
Sent: Thursday, October 02, 2008 12:30 AM
To: Stacy Burnette
Cc: Kurt Pritz; Tim Cole; Khalil Rasheed
Subject: Re: ICANN Notice of Breach - Action Required

Hello Stacy,

> Attached please find a notice of breach and supporting documentation

> regarding your registrar's failure to comply with Section 3.7.8 of the

> Registrar Accreditation Agreement (RAA). This notice requires

> JOKER.COM to take action

We are ready to take whatever action is necessary to sort this out - though we _really_ do not understand what the effective problem is. For us, it looks more like an uncertainty about the last words of 3.67.8 ("...steps to correct that inaccuracy").

Please let me add some facts about the supporting documents/domains ("breaches"?) you sent with this notice - our impression is, that 100% of the mentioned incidents have been handled correctly by Joker.com.

Since you still seem to consider them as "evidence of breach", i suspect that you do not agree with our method of "disabling a domain"?

This is something we explicitly asked Khalil Rasheed some time ago, when you started this discussion: Is putting a domain on "hold" (=moving out of the zone) appropriate or not, in case a whois entry is verified as wrong? We never got an indication from ICANN about this...

If my assumption is correct, this would mean that in case we change our method of "disabling a domain because of false whois data" could probably solve this issue...

Otherwise we really depend on advise what else could be done.

brightzoo.com:

- reported through wdprs on 2008/06/16

- disabled by Joker.com on 2008/06/20 (put on hold, status

"hold,invalid-address")

laihomes.com:

- reported through wdprs on 2008/06/10

- disabled by Joker.com on 2008/06/16 (hold,disabled-due-spam)

lucidx.com:

- reported through wdprs on 2008/05/31

- disabled by Joker.com on 2008/06/02 (hold,invalid-address)

mashyip.com:

- reported through wdprs on 2008/06/18

- disabled by Joker.com on 2008/06/23 (hold,disabled-due-spam)

pmsdns.com:

- reported through wdprs on 2008/05/31

- disabled by Joker.com on 2008/06/02 (hold,invalid-address)

slimast.com:

- reported through wdprs on 2008/06/26

- disabled by Joker.com (exact date available, but currently not for me because of RGP)

soincn.com:

- reported through wdprs on 2008/06/15

- disabled by Joker.com on 2008/06/20 (hold,disabled-due-spam)

regards, Jan Legenhausen