Summary of Comments on NeuStar and Afilias AGP Modifications

[Patrick Jones <patrick.jones@xxxxxxxxx>]

Summary and analysis of public comments for:

ADD GRACE PERIOD MODIFICATIONS (NeuStar and Afilias AGP Proposals)


Comment period ended: 26 March 2008

Summary published: 27 March 2008


BACKGROUND

NeuStar and Afilias submitted proposals through the Registry Services 
Evaluation Process to modify the add grace period provisions in the .BIZ and 
.INFO Registry Agreements. ICANN conducted a public comment period from 27 
February to 26 March 2008.

Four comments were submitted on both the NeuStar and Afilias proposals, all in 
general supportive of the proposals. Comments were received from Yahoo!, the 
International Trademark Association (INTA) Internet Committee, the Intellectual 
Property Constituency, and the Internet Commerce Association.


COMMENTS

Yahoo! noted that it "has been greatly affected by the abuses of the AGP 
associated with domain name tasting.  Yahoo! applauds the efforts of NeuStar as 
well as the efforts of PIR and Affilias in taking proactive steps to curb 
abuses of the AGP within the .biz, .info and .org top level domains.  Although 
Yahoo! remains concerned that further modifications may be required to truly 
end domain tasting abuses, we are encouraged by NeuStar's efforts and the 
efforts of Affilias and PIR."

Yahoo! also noted that it "is hopeful that the registry operators for the 
remaining gTLDs will follow the lead of these three registries and voluntarily 
implement similar modifications to thwart abuses of the AGP until such time as 
the GNSO Council can provide a consensus policy solution to the ICANN Board for 
adoption."
See http://forum.icann.org/lists/neustar-agp-proposal/msg00001.html and 
http://forum.icann.org/lists/afilias-agp-proposal/msg00001.html.
The INTA Internet Committee noted that "it appreciates NeuStar's [and Afilias'] 
willingness to engage in a collaborative dialogue to discuss and identify 
potential solutions to the problem to domain tasting, its creativity in 
developing the AGP Modifications Proposal."

INTA stated that it while "it would prefer that domain tasting be addressed 
through the wholesale elimination of the Add Grace Period...[INTA] is 
cautiously optimistic that NeuStar's [and Afilias'] AGP Modifications Proposal 
will eliminate domain tasting in the .BIZ [and .INFO] gTLD[s] and supports the 
AGP Modifications Proposal[s]."

INTA also requested if the proposals are approved by the Board, that NeuStar 
and Afilias "(a) identify in its monthly reports to ICANN the Registrars that 
have requested an 'extraordinary circumstances' exception, a general 
description of the basis for the exception, and whether [NeuStar or Afilias] 
granted the request; and (b) agree to the public disclosure of this 
information."

See http://forum.icann.org/lists/afilias-agp-proposal/msg00002.html and 
http://forum.icann.org/lists/neustar-agp-proposal/msg00002.html.

Steve Metalitz submitted a comment on behalf of the Intellectual Property 
Constituency (IPC) expressing the conditional support of the IPC for the 
proposals submitted by NeuStar and Afilias. While the IPC notes that it prefers 
the elimination of the add grace period, "is hopeful that the modifications 
proposed in [the NeuStar and Afilias] funnel request will substantially curb 
the abusive practices associated with domain name tasting until such time as 
the current PDP can be successfully completed."

See http://forum.icann.org/lists/neustar-agp-proposal/msg00003.html and 
http://forum.icann.org/lists/afilias-agp-proposal/msg00003.html.

Phil Corwin submitted a comment on behalf of the Internet Commerce Association 
(ICA) supporting the "individual efforts by gTLD registries to curb abusive 
domain tasting."

The ICA noted some concern about the justification for the proposals submitted 
by NeuStar and Afilias and requested that the Board "should inquire as to the 
method by which [these proposals were] arrived at and determine whether it is 
reasonable and fair to registrants prior to modification of the relevant 
registry contracts to accommodate it."

See http://forum.icann.org/lists/afilias-agp-proposal/msg00004.html and 
http://forum.icann.org/lists/neustar-agp-proposal/msg00004.html.

NEXT STEPS

The summary of comments will be posted on the ICANN Public Comment page and 
provided to the ICANN Board as part of its consideration of the NeuStar and 
Afilias Add Grace Period Modification proposals. The Board is scheduled to 
discuss the NeuStar and Afilias proposals during the 27 March 2008 meeting of 
the ICANN Board.

CONTRIBUTORS (to both NeuStar and Afilias Proposals)

Yahoo! (J.Scott Evans)
INTA Internet Committee (Claudio DiGangi)
Intellectual Property Constituency (Steven Metalitz)
Internet Commerce Association (Phil Corwin)
--
Patrick L. Jones
Registry Liaison Manager &
Coordinator, ICANN Nominating Committee
Internet Corporation for Assigned Names & Numbers
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292
Tel: +1 310 301 3861
Fax: +1 310 823 8649
patrick.jones@xxxxxxxxx