Second Advisory Concerning v. Verio Litigation

26 de diciembre de 2000

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  • English

(26 December 2000) As previously reported in an advisory dated 24 September 2000, on 3 August 2000, Inc. (an ICANN-accredited registrar) filed a lawsuit (No. 00-Civ-5747 (BSJ)) against Verio Inc. in the United States District Court for the Southern District of New York. The lawsuit concerned Verio's use of information obtained from's Whois service to contact customers by telephone and otherwise to solicit them to become Verio customers. Among other things, asserted that Verio's solicitations violated a restrictive legend displayed on the output of's Whois service. In the lawsuit, Verio asserted that the legend violated's Registrar Accreditation Agreement with ICANN.

At the Court's request, ICANN submitted an amicus curiae memorandum, which stated (in summary):

  • It appears that the process used by Verio to enable it to gather the Whois information was contrary to ICANN policy;
  •'s legend, if applied in response to Whois queries made through proper means, exceeds the restrictions permitted by section II.F.5 of its Registrar Accreditation Agreement with ICANN; and
  • The exclusive means of legally enforcing these restrictions are through ICANN's invocation of the remedies stated in sections II.N and II.P of the Registrar Accreditation Agreement, not by a third party raising them as a defense to a claim brought by a registrar.

On 8 December 2000, the Court issued an Order enjoining Verio from, among other things, using automated methods to access's Whois service, other than in compliance with's restrictive legend. In reaching its decision, the Court concluded that the Accreditation Agreement "creates no right in Verio to breach its agreement to abide by's terms of use for accessing its WHOIS data" and that the "Accreditation Agreement represents a private bargain between ICANN and and does not provide Verio with any privilege or defense."

After the Court's decision, on 21 December 2000, Verio submitted to ICANN a "Petition for Termination of Registrar Accreditation Agreement with" To assist it in determining how to proceed, ICANN has requested that submit a response to that petition.