[alac] FW: [gtld-council] Outcomes of the Brussels meeting on policies for contractual conditions
-----Original Message----- From: "Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx> To: gtld-council@xxxxxxxxxxxxxx Sent: 5/18/06 4:21 AM Subject: [gtld-council] Outcomes of the Brussels meeting on policies for contractual conditions Hello All, The following were areas of agreement amongst the participants in the Brussels meeting for policy guidelines that relate to contractual conditions. These will be incorporated into an initial report. The intent will also be to include a "model" or "reference" agreement that complies with these guidelines to assist in providing a practical example of how the guidelines may be applied. Use "gTLD licence holder" instead of "Registry Operator" as this has a range of meanings. "gTLD" = "a generic TLD that has a contract with ICANN, includes but is not limited to the current sponsored and unsponsored TLDs" 1. There should be a frame agreement to provide some level of consistency (e.g as for the registrars accreditation agreement), with the ability for staff to have delegated authority to approve. 2. Any material alterations to the frame agreement, subject to public comments before approval by the ICANN Board. 3. The contract should strike the right balance between ensuring certainty for market players and preserving flexibility of ICANN to accommodate the rapidly changing market, technological and policy conditions. 4. The initial term of commercially reasonable length (e.g default 10 years, although may be changed on a case-by-case basis). 5. There should be a renewal expectancy. A contract would be renewed provided that the license holder is not in material breach of the contract, or has not been found in repeated non-performance of the contract, and provided the license holder agrees to any new framework contract conditions that are reasonably acceptable. Any new framework contract would take into account the consensus policies in place at that time. 6. There should be an ability to terminate the contract if the gtld licence holder has been found in repeated non-performance of the contract. 7. During the term of the agreement, the registry must comply with new or changed consensus policies to one or more of the following areas: - (1) issues for which uniform or coordinated resolution is reasonably necessary to facilitate interoperability, Security and/or Stability of the Internet or DNS; - (2) functional and performance specifications for the provision of Registry Services (as defined in Section 3.1(d)(iii) below); - (3) Security and Stability of the registry database for the TLD; - (4) registry policies reasonably necessary to implement Consensus Policies relating to registry operations or registrars; - or (5) resolution of disputes regarding the registration of domain names (as opposed to the use of such domain names). 8. Any deviation from consensus policies should be explicitly stated and justified in the agreement 9. Where a registry provides IDNs, the contract should require that the registry adhere to IDN standards, and ICANN guidelines for IDNs. 10. Initially rely on the appropriate external competition/anti-trust Government authorities to ensure compliance with laws relating to market power or pricing power. This can be reviewed after initial term. 11. ICANN should take a consistent approach with respect to registry fees - taking into account differences in regional, economic and business models 13. Use of Personal Data: limit it to the purpose for which it is collected, and define the extent to which it is made available to third parties. Further work required to identify whether to address other forms of registry data, such as traffic data, before any policy recommendation in this area can be made.