[gnso-vi-feb10] request -- documenting the current state of "Brussels proposals"

["Mike O'Connor" <mike@xxxxxxxxxx>]

hi all,

one of the requests that came out of our call today was for a summary of each 
of the "Brussels proposals" that we developed during the Saturday meeting (and 
then refined through lots of hallway conversation thereafter).  as i mentioned 
on the call, those summaries will have to come from the groups themselves, as 
Roberto and i were floating back and forth between the groups and wouldn't be 
able to do a good job of preparing the summaries.

could each of the groups document the current state of their views and post 
them to the list?  

another request -- could the RACK+ folks do the same?  it would be nice to 
create another version of Kathy's matrix so that we can set all these side by 
side.

to aid that process, here's a series of questions that i've lifted from various 
places that you all can use to structure your summaries.  it's a blend of atoms 
and questions and the goal is to get to principles that perhaps we can rally 
around.  note the cool Capitalization so that it can be used as the basis of a 
real document.  please try to structure your summary around these if you can.

thanks,

mikey

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Questions:

What is the best way to prevent gaming in a cross-owned entity -- percentage 
ownership caps, restrictions on control, both or something else?

Do the benefits of increased competition (registrars becoming registries or 
back-end service providers) outweigh the potential risks of gaming from a 
cross-owned entity, or vice-versa?

Common ownership

Should a registry be able to own a registrar, and vice versa, provided it 
doesn't distribute its own TLD?

What is an acceptable level of cross-ownership (0 - 100%) if self-distribution 
is permitted?

What is an acceptable level of cross-ownership (0 - 100%) if self-distribution 
is prohibited?

Control 

Should a registry be able to control a registrar, and vice versa, provided it 
doesn't distribute its own TLD?

Absent an arbitrary restriction on percentage of cross-ownership, what 
constitutes control?

What restrictions should be put in place to prevent control?  Do these vary if 
self-distribution is prohibited?

Enforcement and compliance

Is ICANN capable of enforcing contract compliance to prevent gaming in a 
cross-owned entity?

If the answer is "no," what steps would ICANN need to take to overcome this 
problem?

If the answer is "no," what steps would ICANN need to take to demonstrate an 
ongoing commitment to fulfilling this role?

Scope

Should the scope of ICANN contracts be increased?

Specifically, should Registry Service Providers be required to enter into 
contracts with ICANN?

Should other entities (eg Resellers) also be required to enter into contracts 
with ICANN?

Exceptions to cross-ownership and self-distribution restrictions

Permitted for Single-Registrant, Single-User (SRSU) TLDs?

Permitted for "orphaned" TLDs that can't get registrar distribution?

Permitted for "community" TLDs?

Should there be numeric caps for any or all of these

Interim solution

Should the results of this first-phase VI-WG PDP be limited to the first round 
of new TLDs only?

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