Re: [bc-gnso] ICANN Board Votes to Enhance New gTLDs Competition - New gTLD Registrars and Registries will Compete for the Benefit of Consumers

["Frederick Felman" <Frederick.Felman@xxxxxxxxxxxxxxx>]

I wonder what surprises are in store within the new AG.

Sent from +1(415)606-3733

On Nov 10, 2010, at 8:16 AM, "martinsutton@xxxxxxxx" <martinsutton@xxxxxxxx> 
wrote:

> 
> http://www.icann.org/en/announcements/announcement-09nov10-en.htm 
> 
> ICANN's Board of Directors voted to allow new gTLD registries to own 
> registrars, opting not to create new rules prohibiting registrars from 
> applying for or operating new gTLD registries.
> Following over two years of community discussions, which had not resulted in 
> consensus, the Board carefully considered expert economic advice, community 
> comments, and numerous proposed approaches to registry-registrar 
> cross-ownership.
> 
> "In the absence of existing policy or new bottom-up policy recommendations, 
> the Board saw no rationale for placing restrictions on cross-ownership;" said 
> Peter Dengate Thrush, Chairman of the Board. "Any possible abuses can be 
> better addressed by properly targeted mechanisms. Co-ownership rules are not 
> an optimal technique in this area."
> 
> Under the Board resolution additional enforcement mechanisms have been added. 
> New gTLD registry agreements are to include: (1) a Code of Conduct 
> prohibiting any misuse of data or other abusive conduct arising out of 
> registry-registrar cross-ownership; (2) robust auditing requirements; (3) 
> graduated sanctions up to and including contractual termination and punitive 
> damages; and (4) ICANN's right to refer competition issues to appropriate 
> government competition authorities.
> 
> Background: The cross-ownership provisions have varied over time and no 
> formal "policy" on this topic has ever been recommended or adopted by ICANN. 
> (For example, each of the seven new gTLDs delegated by ICANN in the 2000-2001 
> proof-of-concept introduced by ICANN in 2000 have featured some degree of 
> registry-registrar cross-operation or cross-ownership.)
> 
> The ICANN community has been discussing whether to continue, expand or remove 
> the restrictions in current registry agreements that limit the existing 
> registries from owning more than 15% of a registrar. Some have urged the 
> creation of new rules that would for the first time prohibit registrars from 
> applying for or operating new gTLDs.
> 
> The ICANN Board had previously attempted to spur a consensus view, asking 
> ICANN's GNSO to resolve the registry-registrar cross-ownership question. In 
> May 2010, the ICANN Board encouraged the GNSO to develop a consensus based 
> policy on this issue, but indicated that the Board would review the issue if 
> no consensus position was reached. The GNSO recently reported that it has 
> been unable to reach consensus.
> 
> Martin C SUTTON 
> Group Risk 
> Manager, Group Fraud Risk and Intelligence | HSBC HOLDINGS PLC HGHQ
> Group Security & Fraud Risk
> 8 Canada Square,Canary Wharf,London,E14 5HQ,United Kingdom 
> ________________________________________________________________
> 
> Phone.     +44 (0)20 7991 8074 / 7991 8074 
> Mobile.     +44 (0) 7774556680 
> Email.       martinsutton@xxxxxxxx 
> ________________________________________________________________ 
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