[gnso-dt-wg] Agenda for confcall; Draft list of questions

["Mike Rodenbaugh" <mxr@xxxxxxxxxxxxx>]

Agenda:

 

A.  Statements of Interest (required for all designees)

 

B.  Call schedule is set, 15:00 UTC on Wednesdays, weekly through at
least Sept. 6th Council meeting, perhaps longer.  Email list open to any
observers.

 

C.  Fact-finding as requested by Council resolution -- to be requested
via Request for Information submitted to public via ICANN Outreach
(including website), and via distribution through Constituencies.  Ideal
distribution date late this week or early next, with 3 weeks response
time suggested by Olof.  Meanwhile, I suggest we begin discussion on
list to identify key sources of specific information as to each group of
questions.  I would like to ensure we specifically follow up and seek
necessary or desired information (probably in addition to RFI response)
from those identified as key sources.  We identified some specific
groups and companies in our last call, and would appreciate further
suggestions from the list:   domain tasters (registrants) and their
registrars, Verisign and other registries (perhaps ccTLDs as well, i.e.
Nominet), Google and other domain monetization companies, ALAC
(potential domain registrants), Brand-owners, Domainers, Law
enforcement/APWG.

 

D.  Questions that might productively be asked in RFI, based upon Issues
Report page 30 and ad hoc group confcall last Wed., include the
following (Please respond to the list with any comments):

 

    1.     Please categorize yourself (check all that apply):

Civil society (non-profit or similar)                                  

Government                       

Intellectual Property Rights Owner                               

Registrar                            

Registry                             

Registrant                          

Rights owner representative 

Registrant representative

Other

     

 

2.      Of above categories, if anyone, then who benefits from domain
tasting?  (Please explain how each benefits.)
3.      Of above categories, if anyone, then who is harmed by domain
tasting?  (Please explain how each is harmed.)

 

Several potential means to address the practice of domain tasting have
been suggested by ICANN Staff and others.  These suggestions include:
A) eliminating the Add/Grace Period so that domain registration fees are
non-refundable between registry and registrar; B) making the ICANN
per-registration fee (insert current details) non-refundable between
ICANN and registry; C) imposing registry 'excess deletion fees' charged
to registrars for every registration dropped during AGP if registrar
deletes more than a certain percentage of domains during a predefined
period (include terms of PIR proposal as example).

4.      [As to each suggestion,] what impact do you think this would
have upon each category of potentially affected parties?  (Positive or
Negative for each)
5.      [As to each suggestion,] do you believe it would impose any
additional harm upon any categories of potentially affected parties (Yes
or No -- if Yes, then who and how)?  
6.      [As to each suggestion,] do you believe it would create any
additional benefits for any categories of potentially affected parties
(Yes or No -- if Yes, then who and how)?  
7.      [As to each suggestion,] do you believe it should be implemented
(please explain why or why not)?  
8.      In addition to these 3 suggestions, do you have any other
suggestions for addressing any harms that you perceive from domain
tasting?
9.      If you make any additional suggestions, then please explain how
any categories of potentially affected stakeholders would benefit or be
harmed if your suggestion is implemented?
10.     If registries or registrars offered domain registrations at no
cost to the registrant, would this effectively permit domain tasting?
(Yes or No)
11.     Should registries and registrars be prohibited from offering
domain registrations at no cost to the registrant?  (Yes or No)
12.     Should ICANN impose a minimum registration fee on domain
registrations?  (Yes or No; if Yes, then what should the minimum fee
be?)
13.     Would you like to suggest any specific statistical or factual
information, or identify any expert persons, that should be considered
or consulted on any issues raised by this RFI?  (Please identify and
explain how they would aid the community discussion on this topic.)

 

We may also include the Definitions from the Issues Report:

Definitions

Add Grace Period (AGP)

A Grace Period refers to a specified number of calendar days following a
Registry operation in which a domain action may be reversed and a credit
may be issued to a registrar. AGP is typically the five day period
following the initial registration of a domain name. AGP appears as a
contractual term in some, but not all gTLD registry agreements.[1]

 

AGP allows for the correction of typos and other errors by registrants.
Once a domain name is deleted by the registry at this stage, it is
immediately available for registration by any registrant through any
registrar.

 

When a domain name is registered through an ICANN accredited registrar,
that registrar may cancel the domain name at any time during the first
five calendar days of the registration and receive a full credit for the
registration fee from the registry.  

 

Domain Tasting - Domain tasting is a monetisation practice employed by
registrants to use the add-grace period to register domain names in
order to test their profitability. During this period, registrants
conduct a cost-benefit analysis to determine if the tested domain names
return enough traffic to offset the registration fee paid to the
registry over the course of the registration period (e.g., currently $6
US for a .NAME domain name).

 

 

Mike Rodenbaugh

Sr. Legal Director

Yahoo! Inc.

 

NOTE:  This message may be protected by attorney-client and/or work
product privileges, if you are not the intended recipient then please
delete this message and all attachments and notify me as soon as
possible.  Thanks.

 


________________________________

[1] Reference to an add grace period appears in the following gTLD
registry agreements: .BIZ
(http://www.icann.org/tlds/agreements/biz/appendix-07-08dec06.htm) .COM
(http://www.icann.org/tlds/agreements/verisign/appendix-07-01mar06.htm),
.INFO
(http://www.icann.org/tlds/agreements/info/appendix-07-08dec06.htm),
.NAME
(http://www.icann.org/tlds/agreements/name/registry-agmt-appc-5-02jul01.
htm), .NET (http://www.icann.org/tlds/agreements/net/appendix7.html),
.ORG (http://www.icann.org/tlds/agreements/org/appendix-07-08dec06.htm),
and .PRO
(http://www.icann.org/tlds/agreements/pro/registry-agmt-appc-30sep04.htm
#C.10).