Common use of Statement of Problem Clause in Contracts

Statement of Problem. The Internet community frequently voices concern to ICANN about malicious conduct and, in particular, the extent to which these attacks take advantage of domain registration and name resolution services. Consumers, law enforcement, representatives from government and others are asking ICANN, its registries and registrars to monitor the increasing levels of malicious conduct and, when appropriate, take reasonable steps to detect, block and mitigate such conduct. ICANN and its registrars are often viewed by the public as the key to successfully resolving malicious conduct because of ICANN’s contractual relationships with registrars and registrars’ direct customer relationships with certain registrants who misuse the DNS. It would be difficult to define precise rules to govern what actions all registrars should have to take in response to every complaint about malicious conduct involving use of a domain name, but as a first step registrars could be required to be responsible for investigating and reporting back on its handling of credible reports about malicious conduct. Incorporate a provision in the RAA establishing a duty of registrars to investigate and report back to ICANN on what actions the registrar has taken in response to reports received from a credible third‐party demonstrating illegal malicious conduct involving domain names.