[gnso-rap-dt] Uniformity of Contracts Recommendation Addition

["Berry Cobb" <berrycobb@xxxxxxxxxxxxxxxxxxx>]

RAP,

 

Below, please review the supporting information for View A of the Uniformity
of Contracts recommendation.  Please advise if you have any questions.
Thank you.

 

 

View A: The RAPWG recommends the creation of an Issues Report to evaluate
whether a minimum baseline of registration abuse provisions should be
created for all in-scope ICANN agreements, and if created, how such language
would be structured to address the most common forms of registration abuse.
The analysis conducted by the ICANN staff Issue Report and this Working
Group concludes that significant variance (or "lack of uniformity") within
contracts does exist, especially with respect to abuse definitions, abuse
types, and indemnification to mitigate abuse.  Existing agreement
provisions, in varying forms, do generally cover suspension of domain names
or indemnify select parties, but they do NOT specifically address abuse as
defined by this working group.  By such regards, this is partly the very
condition in which the Registration Abuse pre-PDP was formed.  The View A
recommendation does not reduce or remove the rights of market participants
to create and manage their own policies, nor does it reduce any competitive
advantages that may exist today.  Rather, the establishment of minimum
Registration Abuse baselines, if any are determined by such a PDP, will
begin to introduce predictability in a rather chaotic world.  More
importantly, minimum standards will enable market participants to better
mitigate or eliminate registration abuse in a more coordinated and unified
manner by raising the bar in a method where ALL equally participate in the
mitigation or elimination of abuse.    

 

 

 

Berry A. Cobb

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