Net4India issue… ICANN Support for Registrants

After a long struggle, the registrants of domain names in Net4India.com are getting resolution from the problem created out of the insolvency proceedings.

During the pendency of the insolvency proceedings the activities of Net4India had been suspended. As a result domain names could not be renewed and services related to the modification of services with Net4India both for domain name related changes and hosting related issues had got stuck.

Naavi.org took up a fight against the problems of domain name registrants and first NIXI responded by making it possible for transfer of dot in domain names to other registrars. Now ICANN also has responded and has promised to provide  direct assistance to affected registrants.

Details are available here

It is our sincere belief that this incident has to be taken up as a lesson by ICANN and NIXI to find an automatic solution to such problems in future.

In particular,

a) Registrars of Domain Names and Hosting Service Providers should be considered as “Critical Service Providers” and cannot be allowed to shut shop without a proper notice and winding down of operations. The least that can be done by ICANN/NIXI is to allow transfer of domain names forcibly to other operative service providers.

b) While insolvency proceedings are initiated on such critical service providers, Company Law Tribunal as well as Courts should recognize that they cannot allow critical services to be stopped.

c) The Finance Ministry in consultation with the ICAI should evolve a method by which “Data” is brought into the financial accounting system through a “Contra Accounting Method” so that third party rights on the data donot go un noticed.

Naavi.org thanks Mr Samiran Gupta, representative of ICANN in India for following up with the problem to get the clarification from ICANN.

More discussions may follow.

Naavi

Print Friendly, PDF & Email

About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
This entry was posted in Cyber Law. Bookmark the permalink.

3 Responses to Net4India issue… ICANN Support for Registrants

  1. Shail says:

    Thank you so much for this post, and the valuable information about how to get respite from Net4domains!

  2. Deepak says:

    Thanks foe sharing this informational post.

  3. Asok kumar says:

    Domain Incite reports mysteries remain with ICANN ‘s latest decision. ( http://domainincite.com/26054-icann-finally-addresses-net-4-india-meltdown-but-mysteries-remain) The relevant words from the report as follows:

    “While ICANN says it has not ruled out terminating Net4 and transferring its domains to another registrar, the reality may be that it is unable to do so.

    In today’s post, ICANN says it “postponed the start date of the Suspension Period after considering information regarding the insolvency proceedings” provided by the court-appointed resolution professional.

    Last month, during the ICANN 69 public forum, the org was asked by an Indian registrant what it was doing about Net4, and compliance chief Jamie Hedlund responded:

    When they initially filed for insolvency, we attempted to suspend them and prevent them from being able to register new names. But unfortunately due to the insolvency, we were not able to do that.

    It seems that a resolution professional appointed by a quasi-judicial Indian court has managed to trump ICANN’s powers under its Californian-law registrar contract.”

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.