Re: [gnso-dt-wg] FW: Summary of public comments on a draft GNSO Council resolution to curb domain tasting

[Avri Doria <avri@xxxxxxx>]

On 1 Apr 2008, at 17:33, Neuman, Jeff wrote:
> What were the questions

this is what was sent:

> On 6 March 2008, the GSNO council drafted a motion http://gnso.icann.org/issues/domain-tasting/dnt-motion-6mar08.shtml 
>  to curb domain tasting. It would prohibit any gTLD operator that  
> has implemented an add grace period from offering a refund for any  
> domain name deleted during the AGP that exceeds 10% of its net new  
> registrations in that month, or fifty domain names, whichever is  
> greater. An exemption may be sought for a particular month, upon the  
> documented showing of extraordinary circumstances, as detailed in  
> the motion.  The GSNO council has sent this motion out for public  
> comment until 28 March at which point public comments and any  
> updates to constituency statements will be considered as part of the  
> GSNO council process for resolving the Domain Tasting PDP that is  
> currently open and in the deliberations stage.
> As part of the GNSO council's discussions on 6 March, we also  
> decided to ask for Legal Counsel to review the motion and to let us  
> know whether it is in scope for the GNSO Council.  While the PDP  
> itself had been deemed within scope by Legal Counsel, there were  
> questions as to whether the motion itself remained in scope.
> Additionally, the following specific issues were raised:
>
> a. The .com agreement states that Consensus Policies may not  
> "prescribe or limit the price of Registry Services" (see Section  
> 3.1(b)(v)(A)http://www.icann.org/tlds/agreements/verisign/registry-agmt-com-01mar06.htm) 
> .   Would a policy dictating how much VeriSign could refund  
> registrars during the AGP be considered a prescription or limitation  
> on the price of Registry Services? The question extends to whether  
> this policy would, therefore, be unenforceable.
> b. If the answer to the preceding question is affirmative, would a  
> policy eliminating the Add Grace Period be considered a prescription  
> or limitation on the price of Registry Services?
a.