RE: [gnso-vi-feb10] Question to WG on RAA

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

I actually gave you the middle position.  The complete position was whatever 
happens in new gTLDs must immediately apply to .biz.  The zero position is 
pretty much yours which is treat them completely separate.  The middle position 
is whatever you do for new TLDs allow Neustar to do in New TLDs as well (even 
if not for .BIZ).  The latter is what I am advocating.  Stating we will figure 
it out later is not an acceptable one. 

Most of the people on the list have actually agreed with my proposed middle 
position including some registrars, new TLD applicants and Milton.  I am just 
not quite sure why you are taking such a hard lined approach.

Jeffrey J. Neuman 
Neustar, Inc. / Vice President, Law & Policy


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-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx] On 
Behalf Of Avri Doria
Sent: Wednesday, March 31, 2010 1:46 PM
To: Gnso-vi-feb10@xxxxxxxxx
Subject: Re: [gnso-vi-feb10] Question to WG on RAA


Hi,

Having spent over a quarter of a century in business before returning to 
education and policy, I know a little bit about how it works, but thank you for 
the tutorial.

I also know that businesses makes plans based on contingent bases all the time. 
 And I know they dig in their heels when they want to block forward motion or 
to gain greater advantage for their negotiating position.  Of course I do not 
know if any of these are the case in this particular event.

In this case I am recommending that 

a. a new policy for ne gTLD application be made
b. that as soon as that is done, the work of deciding how this was to be 
applied to incumbent registries and registrars be done.

Is there any change, other then complete rejection, that you can offer to a 
middle position?

Also, I am curious, is the Neustar position on this, the RySG's position?  you 
do seem to speaking as the voice of Registries, so I am curious.

a.

Note: I have always enjoyed the phrase  "with all due respect"  and find it is 
usually used when someone feels that very little respect is due.  I have always 
thought of it as one of the greatest insults one could sling politely.  it 
works so much better then you brain-dead toad.


On 31 Mar 2010, at 13:06, Neuman, Jeff wrote:

> Avri,
> 
> With all due respect, business plans need to be finalized NOW in order to 
> apply for new TLDs.  In fact, ICANN requires you submit them with the new TLD 
> application.  I know you are focusing only on the policy, but its not like 
> you can make a decision one day and have full implementation the next.  To do 
> so fails to take into consideration that we are talking about real 
> businesses.  
> 
> Jeffrey J. Neuman 
> Neustar, Inc. / Vice President, Law & Policy
> 
> 
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> 
> 
> -----Original Message-----
> From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx] On 
> Behalf Of Avri Doria
> Sent: Wednesday, March 31, 2010 12:36 PM
> To: Gnso-vi-feb10@xxxxxxxxx
> Subject: Re: [gnso-vi-feb10] Question to WG on RAA
> 
> 
> Hi,
> 
> I understand the point you are making about Neustar's needs.  It is still the 
> case that there would be up to a year before your contracts would need to 
> have been changed and still the case that finding the mechanisms by which 
> those changes can be made is more complex and time consuming then 
> establishing policies for this  gTLDs round.
> 
> It is also possible that most of the changes made, if any, may only relate to 
> the single registrant class, in which case the effect should be minimal.
> 
> So I still recommend we see what changes get made, and then figure out how to 
> reach an acceptable state of parity.
> 
> a.
> 
> On 31 Mar 2010, at 11:47, Neuman, Jeff wrote:
> 
>> Avri,
>> 
>> Your model below to me relates to the question of Neustar for example being 
>> a registry and registrar for .biz, but misses the important notion that our 
>> current contract prohibits us from doing anything differently for any new 
>> TLD.  So if you recommendation is that with respect to .biz that may be a 
>> phase 2, we can explore that.  However, if your recommendation is that even 
>> with respect to Neustar being treated the same as other registries with 
>> respect to New TLDs is a Phase 2, that is NOT something we can compromise 
>> on.  Even with respect to the latter, the current agreements need to be 
>> amended.
>> 
>> Jeffrey J. Neuman 
>> Neustar, Inc. / Vice President, Law & Policy
>> 
>> 
>> The information contained in this e-mail message is intended only for the 
>> use of the recipient(s) named above and may contain confidential and/or 
>> privileged information. If you are not the intended recipient you have 
>> received this e-mail message in error and any review, dissemination, 
>> distribution, or copying of this message is strictly prohibited. If you have 
>> received this communication in error, please notify us immediately and 
>> delete the original message.
>> 
>> 
>> -----Original Message-----
>> From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx] 
>> On Behalf Of Avri Doria
>> Sent: Wednesday, March 31, 2010 11:32 AM
>> To: Gnso-vi-feb10@xxxxxxxxx
>> Subject: Re: [gnso-vi-feb10] Question to WG on RAA
>> 
>> 
>> 
>> Hi,
>> 
>> As someone who sits outside the Registry-Registrar bi-polar conundrum on 
>> this issue, I would like to explain my view of why this is a phase 2 
>> activity and make a recommendation.  I hope this can be seen as a basis for 
>> a compromise position of sorts.
>> 
>> Background thoughts:
>> 
>> 1.  Contracts do establish a de-facto policy.  Not all policy is bottom up 
>> policy. And not all de-facto policy is straightforward or easy to identify.
>> 
>> 2.  Charter Objective 6: To perform the PDP activities in a manner that does 
>> not delay the launch of the New GTLD Program.
>> 
>> 3 .   The de-facto policy is very complex in that each contract has a 
>> different variant - though they are based on a common set of principles.  To 
>> modify this de-facto policy to match a bottom up policy taking this 
>> complexity into account may take a while and may extend beyond the schedule 
>> needed to meet Obj 6. Additionally further issue-report work may be required 
>> to establish a well formed basis for a PDP affecting existing contracts.
>> 
>> 4.   It will be a while before new registries have any market advantage over 
>> the incumbents.  In fact if we meet the Brussels timeframe for a policy 
>> recommendation for new gTLD that can be folded into an Application 
>> Guidebook, it will still be another year (at least) before we have new 
>> registries.  This is more then enough time for the task described in (3) 
>> above.
>> 
>> Recommendation
>> 
>> As part of the Phase I policy recommendation relating to new gTLDs, made in 
>> time for Brussels, include a request for any necessary further issues-report 
>> and a recommended update to the charter that is specific about the need to 
>> bring current registry policy into line with the newly recommended policy 
>> for new gTLDs including any transition considerations that may be required.
>> 
>> a.
>> 
>> 
>> 
>> 
> 
>