Re: [gnso-vi-feb10] Questions for the ICANN Board and Staff on current resolution

[Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>]

Thanks Jeff for doing this.

If there are no further questions posted to the list today, I will forward 
these questions to Peter as WG interim chair on Monday.

Thanks,

Stéphane

Le 19 mars 2010 à 14:03, Neuman, Jeff a écrit :

> All,
>  
> Please find below the questions that I have compiled so far on the ICANN 
> Board resolution.  Please let me know if you have additional questions or 
> changes/modifications to these questions.  No pride of authorship here.
>  
> 1. The resolution states "there will be strict separation of entities 
> offering registry services and those acting as registrars"
> A.  Is that meant to cover just front end registries (eg., those under direct 
> contract with ICANN), or back-end as well (eg., those subcontractors of 
> registry operators under contract with ICANN).
> B.  Would entities offering “registry services”, include those that may be 
> providing a portion, but not all of the registry services?  For example, if 
> an entity is simply providing DNS services for a new TLD, but not the SRS 
> functions, would they be considered under the Board resolution to be 
> “offering registry services”?  If yes, where in your opinion is the line of 
> demarcation?
>  
> 2.  With respect to the phrase "...strict separation of entities offering 
> registry services and those as registrars":
> A. Does this apply to just the new TLD for which a registrar applies to 
> perform the registry function or does that mean if you are a registry for one 
> TLD, you cannot be a registrar with respect to any other gTLD (new or 
> existing)?
> B. Does the term “registrars” apply to resellers of registrars as well or 
> literally just registrars
>  
>  
> 3.  The resolution uses the phrase "No cross ownership will be allowed."
> a)  Does this apply to just legal ownership?
> b)  What about vertical integration through other means direct or indirect.  
> In other words, some have advocated that restrictions should apply to those 
> that exercise some form of control over the registry (i.e., by contract or 
> ownership), while others have argued that it should just apply with respect 
> to legal ownership?  Which position has the Board decided to take?
> c)  Does the cross ownership requirements apply to affiliates or just the 
> entity under contract.  In other words, if you have Parent Company A that 
> owns Subsidiary B and Subsidiary C.  If Subsidiary B is a registrar and 
> Subsidiary C is a registry, would the cross ownership rule apply?  Will this 
> be allowed in that the Registrar here does not own any portion of the 
> registry, nor does the registry here own any portion of the Registrar despite 
> the fact that they share a common parent.   
>  
> 4.  When the Board states, "no cross ownership":
> A. Does that literally mean 0% ownership as opposed to the 15% used today in 
> the existing agreements?
> B. If it literally means 0% ownership, what about those companies that are 
> public where shares are traded on the open market.  Could an entity be 
> prohibited from serving as a registry if a de minimus amount of shares are 
> purchased by a registrar?
> C. If it does mean no ownership, will ICANN afford entities a transition 
> period to divest registrar shareholders if a registry elects to do so?  In 
> other words, would the rule be that prior to launching there can be no cross 
> ownership, or is it prior to applying for a new gTLD.
>  
>  
> Jeffrey J. Neuman 
> Neustar, Inc. / Vice President, Law & Policy
> 46000 Center Oak Plaza Sterling, VA 20166
> Office: +1.571.434.5772  Mobile: +1.202.549.5079  Fax: +1.703.738.7965 / 
> jeff.neuman@xxxxxxxxxxx  / www.neustar.biz     
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