Re: [gnso-vi-feb10] One Proposal

["J. Scott Evans" <jscottevans@xxxxxxxxx>]

I am not opposed to Jon's idea.
 j. scott evans - senior legal director, global brand and trademarks - Yahoo! 
Inc. - 408.349.1385 - jscottevans@xxxxxxxxx






________________________________
From: Baudouin SCHOMBE <b.schombe@xxxxxxxxx>
To: Jon Nevett <jon@xxxxxxxxxx>
Cc: Gnso-vi-feb10@xxxxxxxxx
Sent: Thu, March 25, 2010 5:20:00 AM
Subject: Re: [gnso-vi-feb10] One Proposal

hi Jon,

very good proposition , I support it.


SCHOMBE BAUDOUIN
COORDONNATEUR DU CENTRE AFRICAIN D'ECHANGE CULTUREL (CAFEC)
COORDONNATEUR NATIONAL REPRONTIC
MEMBRE FACILITATEUR GAID AFRIQUE
GNSO and NCUC MEMBER (ICANN)

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2010/3/24 Jon Nevett <jon@xxxxxxxxxx>

WG Colleagues:
>
>
>As I stated last week, I agree with Milton's thinking that we should get on 
>with it and see if we can reach some kind of resolution and worry less about 
>the Board's potential default position.  I also am not concerned about what we 
>look to as a "baseline" -- but am more interested in what we look to as a 
>solution.  
>
>
>In the interest of moving this forward, I think that we should take a close 
>look at the relevant language in the .mobi, .tel or .asia agreements on these 
>points.  I have copied the .mobi language below.  It seems to strike a balance 
>between the two sides of the debate that we saw in Seoul.  
>
>
>Section 7.1(c) of the .mobi agreement keeps the .com, .net, .org, .biz, .info 
>prohibition on a Registry Operator having more than 15% ownership of a 
>registrar, but says that the registry could seek ICANN approval to purchase 
>more than 15%.  This kind of language would permit this WG to come up with 
>criteria for ICANN to use when evaluating a request for approval to exceed 
>15%, and gives ICANN and the Registry Operators some flexibility when faced 
>with certain cases, including new and innovative business models.   As others 
>have mentioned, a hard and fast rule would have unintended consequences.  
>
>
>This .mobi language would meet the calls of some in the community to keep the 
>status quo.  I think that Jeff Neuman mentioned a concern about using 
>sponsored TLD language as a model.  The most recent TLDs, however, sponsored 
>or not,  will more closely resemble the New TLDs than incumbent registries 
>with millions of domain names already under management.  
>
>
>It also would solve the "small registry that has a hard time getting 
>registrars to sell its name" issue -- or the community issue that others have 
>raised.  I suspect that most folks would not have an issue with a registry 
>that doesn't have traction in the marketplace and can't get registrars to sell 
>its names starting its own registrar to sell its names.  This language gives 
>some latitude for ICANN to approve a waiver for a registry in that position.  
>Size and registrar penetration rates could be factors that ICANN takes into 
>account in evaluating a RO's request to start or purchase its own registrar.  
>Obviously, there would need to be others.  
>
>
>It also would address the brand or single registrant TLD issue by giving New 
>TLD RO's the same ability that certain current RO's enjoy to select among the 
>hundreds of registrars based on objective criteria.  Once selected, the RO 
>could not discriminate against the registrars selected.  In other words, a 
>broad-based registry would want to select as many registrars as possible, but 
>a single registrant TLD would not have to select more than one.  As Avri 
>pointed out and as the GNSO already has approved, every registration would 
>need to be registered with the benefit of the requirements and obligations in 
>the RAA.  Also, it would maintain the requirement that RO's cannot 
>discriminate among registrars selling its names, but not every registrar need 
>to be able to sell every extension.  
>
>
>I also would suggest some tweaks to the current .mobi language -- limiting the 
>15% only to registrars that sell the registry operator's extension vs. any 
>registrar.  This was the position espoused by the incumbent registry 
>operators.  Therefore, an eNom-affiliate could apply for a name without 
>violating the agreement, but it couldn't sell it through its affiliated 
>registrar without ICANN approval.  I also would change the concept of 
>"acquire" to some type of corporate affiliation as Jeff N. also suggested.  
>
>
>As far as phasing, if folks like a modified .mobi language, we could agree 
>soon on language to insert into the New TLD agreement in DAG 4.  We then could 
>start on discussing and debating the criteria that ICANN should consider in 
>evaluating waiver requests.  
>
>
>I am trying to get the ball rolling with a way forward that doesn't hold up 
>New TLDs and provides ICANN with some flexibility, but doesn't open the 
>floodgates.  It also would give ICANN some latitude, but would give the 
>community the ability to shape and restrict ICANN's discretion.  
>
>
>I am very open to discussing other proposals as well, but let's minimize 
>discussing processes and baselines and work towards solutions.  
>
>
>Thanks.
>
>
>Jon 
>.mobi Registry Agreement
>>Section 7.1   Registry-Registrar Agreement.
>>a.  Access to Registry Services. Registry Operator shall make access to 
>>Registry Services, including the shared registration system, available to 
>>ICANN-accredited registrars. The criteria for the selection of registrars 
>>shall be as set forth in Appendix S. Following execution of the 
>>Registry-Registrar Agreement between Registry Operator and the 
>>ICANN-accredited registrar, and subject to such registrar's compliance with 
>>the Registry-Registrar Agreement, Registry Operator shall provide operational 
>>access to Registry Services, including the shared registration system for the 
>>TLD. Such nondiscriminatory access to such registrars shall include without 
>>limitation the following:
>>                    i.        All registrars (including any registrar 
>>affiliated with Registry Operator) can connect to the shared registration 
>>system gateway for the TLD via the Internet by utilizing the same maximum 
>>number of IP addresses and SSL certificate authentication;
>>                 ii.         Registry Operator has made the current version 
>>of the registrar toolkit software accessible to all registrars and has made 
>>any updates available to all registrars on the same schedule;
>>               iii.        All registrars have the same level of access to 
>>customer support personnel via telephone, e-mail and Registry Operator's 
>>website;
>>               iv.        All registrars have the same level of access to 
>>registry resources to resolve registry/registrar or registrar/registrar 
>>disputes and technical and/or administrative customer service issues;
>>                  v.        All registrars have the same level of access to 
>>data generated by Registry Operator to reconcile their registration 
>>activities from Registry Operator's Web and ftp servers;
>>               vi.        All registrars may perform basic automated 
>>registrar account management functions using the same registrar tool made 
>>available to all registrars by Registry Operator; and
>>             vii.        The shared registration system does not include, for 
>>purposes of providing discriminatory access, any algorithms or protocols that 
>>differentiate among registrars with respect to functionality, including 
>>database access, system priorities and overall performance.
>>Such Registry-Registrar Agreement may be revised by Registry Operator from 
>>time to time, provided however, that any such revisions must be approved in 
>>advance by ICANN.
>>b. Registry Operator Shall Not Act as Own Registrar. Registry Operator shall 
>>not act as a registrar with respect to a “domain name registration” as that 
>>term is defined in Section 7.2(b) below. This shall not preclude Registry 
>>Operator from registering names within the TLD to itself through a request 
>>made to an ICANN-accredited registrar.
>>c.   Restrictions on Acquisition of Ownership or Controlling Interest in 
>>Registrar. Registry Operator shall not acquire, directly or indirectly, 
>>control of, or a greater than fifteen percent ownership interest in, any 
>>ICANN-accredited registrar, without ICANN's prior approval in writing, which 
>>approval shall not be unreasonably withheld.
>>
>>Appendix S
>>Part 5
>>Selection of Registrars
>>Subject to Registry Operator’s compliance with this Registry Operator TLD 
>>Registry Agreement, including all attachments and appendices thereto (the 
>>“Agreement”) and any Temporary Specifications or Policies or Consensus 
>>Policies as defined in the Agreement, and provided the scope of the Charter 
>>is not exceeded:
>>Registry Operator will select registrars from among ICANN-Accredited 
>>Registrars in a manner that promotes the following characteristics in the 
>>group of authorized ICANN-Accredited Registrars:
>>1. Recognition of the specific aspects of the mobile services community to be 
>>supported by the sTLD and a willingness to participate in that spirit;
>>2. Thorough understanding of the principles and goals underlying sTLD 
>>policies, including without limitation the domain name management policy;
>>3. Demonstrated ability to provide Eligibility and Name-Selection Services 
>>(ENS Services) and demonstrated familiarity with the needs of the sTLD 
>>Community in the language and region(s) served by the registrar, and 
>>established modes for reflecting these needs in the ENS Services processes;
>>4. Dedicated willingness and ability to propagate and enforce sTLD policies 
>>in an observant and diligent manner and in accordance with policies and 
>>procedures prescribed by Registry Operator;
>>5. Broad geographic distribution and language diversity of registrars;
>>6. Established collaborative contact with one or several associations 
>>representing Providers and Representatives (as defined in Part 3 above) in 
>>the language and geographical region or sector served by the registrar;
>>7. Dedicated willingness and ability to act together with the mobile 
>>communications community in the processing of registration requests.
>>8. Established business relationships with substantial numbers (proportionate 
>>to the size of the registrar) of Providers and Representatives in the 
>>region(s) served by the registrar;
>>9. Demonstrated willingness and ability to publicize and market the sTLD, to 
>>follow all sTLD marketing guidelines, and to develop and use sTLD marketing 
>>materials as appropriate, as reflected by a minimum committed marketing 
>>budget of an amount proportionate to the size of the registrar;
>>10. Demonstration that sufficient staff resources are available and able to 
>>interface with automated and manual elements of the sTLD registry process and 
>>a willingness to implement modifications and revisions reasonably deemed by 
>>the Registry Operator to be required based on the characteristics and 
>>functions of the sTLD;
>>11. The existence of proven systems designed to avoid submission of 
>>unqualified or incomplete applications that will burden the ENS system or 
>>make it impossible for Registry Operator to fulfill its commitments to ICANN;
>>12. The existence of proven systems to avoid transfer disputes among 
>>registrars;
>>13. Demonstrated willingness to share relevant marketing information with the 
>>Registry Operator, including, consistent with applicable law, information 
>>about current registrants with whom the registrar has relationships who are 
>>eligible for registration.
>>14. Willingness to provide reduced fee or free services to Providers and 
>>Representatives from developing countries who meet minimum criteria 
>>reasonably established by Registry Operator for special assistance; and
>>15. Willingness and ability to post and refresh a minimum deposit against 
>>which fees will be drawn.
>>This Part 5 of this Appendix S specifies the criteria for Registry Operator’s 
>>selection of ICANN Accredited Registrars wishing to enter into a 
>>Registry-Registrar Agreement to register domain names in the sTLD. Registry 
>>Operator will determine the initial number of ICANN-Accredited Registrars to 
>>be selected and, in collaboration wit the sTLD Community, will review and 
>>revise its selection of registrars and registrar criteria from time to time 
>>as appropriate.
>
>