[gnso-vi-feb10] Older version of BRU2 - needs to be updated

["Kathy Kleiman" <kKleiman@xxxxxxx>]

Kristina and I seem to be the official "older version" spotter. Now we
have an issue with the BRU2 proposal - the older version is posted in
the current version of the Report. I would like to have the  BRU2
proposal, as it was posted and polled (which is with the full
compliance/enforcement section):

 

BRU2

Older version:

See: 

https://st.icann.org/vert-integration-pdp/index.cgi?initial_report_snaps
hots

p. 175

 

*****

 

5. REGISTRY SERVICE PROVIDERS

Registry Service Providers should have the same restrictions as Registry
Operators.

 

6. COMPLIANCE AND ENFORCEMENT

We spent a significant portion of our time discussing compliance, audit,
and enforcement procedures. Our group felt that a "serious" structure
would be required, but would be capable of deterring bad actors with
significant but tiered penalties.

 

Newer version: 

See: https://st.icann.org/vert-integration-pdp/index.cgi?bru2_proposal
(our poll version)

Bru2

***** 

5. REGISTRY SERVICE PROVIDERS
Registry Service Providers should have the same restrictions as Registry
Operators.

6. COMPLIANCE AND ENFORCEMENT
We spent a significant portion of our time discussing compliance, audit,
and enforcement procedures. Our group felt that a "serious" structure
would be required, but would be capable of deterring bad actors with
significant but tiered penalties.

>From Kathy Kleiman: BRU2 laid out a thorough list of compliance,
detection, and enforcement mechanisms - a list thus far not included in
the main body of the BRU2 comment, and one which should be there.
Hopefully, the majority comment will add the details developed by BRU2
and listed below:
1. Any significant co-ownership would require "serious disclosure
requirements to ICANN" including:

 

*       Must disclose all shareholders above _ % (specific percentage
not agreed upon)
*       Must disclose voting powers
*       Must disclose all officers and directors (of both entities)
*       Must disclosure all contracts for material registry services;
*       Must disclose physical infrastructure.
*       Must disclose all key/material subcontracts.

There was a discussion and thought that these disclosures should be
public, to allow a public role in the monitoring process (reducing costs
for ICANN) and consistent with disclosures in some other industries.
In addition to serious and substantial disclosures, BRU2 laid out other
requirements
2. Audits to demonstrate compliance with restrictions.
3. Self-certifications that the requisite disclosures had been done in
full, and the restrictions voluntarily and fully complied with.
4. Opportunity for third party complaints/reporting violations.
5. Enforcement:

*       There must be tiered levels of enforcement- dependent on
violation/context and harm.
*       Tiered levels of enforcement should be created dependent on the
violation and harm.
*       Enforcement must be timely.
*       There must be meaningful penalties and sanctions for violations.
*       Publication of known deficiencies and the enforcement actions
which followed.

 

 

Kathy Kleiman

Director of Policy

 

.ORG The Public Interest Registry

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E:  kkleiman@xxxxxxx <mailto:clee@xxxxxxx>        |  W:  www.pir.org
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