[gnso-vi-feb10] Re: BRU1 Summary DIR-Final

[Richard Tindal <richardtindal@xxxxxx>]

Mikey,

There's been no push back on this so I'm going to label it a DIR-Final

RT




On Jul 20, 2010, at 2:26 PM, Richard Tindal wrote:

> 
> Incorporates comments from Jon, Alan and Jeff.
> 
> Let me know if it works
> 
> RT
> 
> -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
> 
> BRU 1
> 
> The BRU1 sub-group recommends a 15% cross ownership limit between the 
> following two groups:  (1) registries, registry service providers (RSPs) and 
> their affiliates; and (2) registrars, resellers and their Affiliates.  This 
> limit applies regardless of the TLD(s) offered by the parties.   Irrespective 
> of ownership levels control (as defined by DAG4) may never occur.  For 
> example,  a registrar may never control a registry,  even if it has only 15% 
> ownership of that registry.
> 
> Although there is not consensus within the sub-group on this, a majority of 
> participants are sympathetic to an exception for RSPs who do not control the 
> policies, pricing and registrar selection of a registry.  In order to qualify 
> for such an exception an RSP would be required to undertake a form of 
> accreditation directly with ICANN,  and agree to a set of significant 
> sanctions should they be found in breach of their obligations (for such 
> things as the confidentiality of registry data).  The sub-group views this 
> exception as worthy of further consideration.
> 
> BRU1 defines an SRSU TLD as one where: (a) the registry is the registrant for 
> all second level names; and (b) the use of names in terms of website content, 
>  email control,  or any other application associated with the domains is 
> exercised only by the registry.   BRU1 believes the registry contract 
> (Section 2.6 'Reserved Names') should be amended to specifically allow for 
> the SRSU model.  If Section 2.6 cannot be amended BRU1 supports an exception 
> that allows an SRSU registry to own a registrar in its TLD, and a waiver of 
> equivalent access obligations on that registry.  
>