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Re: [gnso-vi-feb10] Board resolution on Vertical Integration

  • To: Jeff Eckhaus <eckhaus@xxxxxxxxxxxxxxx>, "'richardtindal@xxxxxx'" <richardtindal@xxxxxx>, "'Gnso-vi-feb10@xxxxxxxxx'" <Gnso-vi-feb10@xxxxxxxxx>
  • Subject: Re: [gnso-vi-feb10] Board resolution on Vertical Integration
  • From: Alan Greenberg <alan.greenberg@xxxxxxxxx>
  • Date: Tue, 28 Sep 2010 00:31:16 -0400

Jeff, With the right wording, it doesn't really matter.

I think that the issue is not an "exception" but rather that certain options are available, either as a result of the baseline VI rules (as in free trade) or as an exception to a proposal such as RACK+.
Without implying that this WG would endorse such 
wording, as an example, here is what the ALAC said:
1. Regardless of the general registry/registrar 
regime, it is essential that there be mechanisms 
in place to ensure that cultural and IDN TLDs are 
not disadvantaged by the rules. Specifically, 
there is a fear that under some regimes, the 
requirement to use ICANN accredited registrars 
and to not self-distribute could jeopardize TLDs 
that will have a specific regional focus or those 
using less common scripts or languages. The lack 
of registrar interest or registrar capability 
could potentially impact the viability of just 
those new TLDs that we most want to succeed.
2. Regardless of the general registry/registrar 
regime, there should be viable ways for single 
registrant TLDs to operate effectively. In such a 
single registrant TLD, all 2nd level domains are 
used by the registry itself (or its corporate 
parent) and are not made available to outsiders. 
The registry controls, and is legally responsible 
for, all 2nd level domains. The largest projected 
use is for corporations where the TLD relates to 
a trademark, but it could also be used for 
not-for-profits, charities and NGOs. The specific 
issue is that if there is no demonstrable added 
value to registrar involvement (since there is no 
consumer and no competitive issues), such 
intermediaries should not be required. The 
benefit to the gTLD eco-system of such gTLDs is 
that they will serve to acclimatize users to the 
concept of new gTLDs and will facilitate their acceptance in the general case.
3. Regardless of the general registry/registrar 
regime, compliance will be a critical part of 
gTLD deployment. It is essential that the rules 
surrounding the new gTLDs be sufficiently clear 
and reasonably enforceable; and that ICANN put in 
place mechanisms to ensure reasonable compliance. 
The enforcement mechanisms must be sufficiently 
public that third-party scrutiny and whistle-blowers can augment compliance.
Alan

At 27/09/2010 04:08 PM, Jeff Eckhaus wrote:

What are these exceptions to? The 2% limit from Nairobi?


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From: owner-gnso-vi-feb10@xxxxxxxxx
To: vertical integration wg
Sent: Mon Sep 27 13:04:39 2010
Subject: Re: [gnso-vi-feb10] Board resolution on Vertical Integration

This breaches GNSO Implementation Principle 1 regarding predictability for applicants
I think the only Exceptions with any sort of 
Support (but not Consensus) are TLDs that:
1.  (a) Are 'Community',  (b) are small and (c) have no market power;  and

2.  SRSUs.

RT


On Sep 27, 2010, at 11:50 AM, Mike O'Connor wrote:

i just ran out of daylight and need to get on the call. here's a redraft from the last few emails. Roberto, i was trying to frame your bullet and failed, so that one is missing and needs to be added.
mikey

revised...

-- Certain new gTLDs likely to be applied for in the first round may be unnecessarily impacted by restrictions on cross-ownership or control between registrar and registry.
-- There is need for a process that would allow 
applicants to request exceptions and have them 
considered on a case-by-case basis.  Possible 
exceptions include (but are not limited to):

-- Single Registrant, Single User TLDs

-- TLDs that would benefit from relevant local, technical and commercial expertise

-- There will exist need for enhanced compliance efforts and the need for a detailed compliance plan in relation to the new gTLD program in general.

On Sep 27, 2010, at 11:32 AM, Milton L Mueller wrote:

Not bad, Mikey!
I like the first point and think it is supported by the GAC statement as well. Could we strengthen the third point ? I think SRSU had enough support from all sides to say something stronger than â??explored furtherâ?? ? more like â??A siignificant part of the demand for new gTLDs may come from SRSU TLDs and any exceptions policy should allow for themâ??

From: <mailto:owner-gnso-vi-feb10@xxxxxxxxx>owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx] On Behalf Of Mike O'Connor
Sent: Monday, September 27, 2010 11:51 AM
To: vertical integration wg
Subject: Re: [gnso-vi-feb10] Board resolution on Vertical Integration

just checking...

here's a starter-kit of bullet points that we might be able to put into a consensus statement;
-- Certain new gTLDs likely to be applied for 
in the first round may be unnecessarily 
impacted by restrictions on cross-ownership or 
control between registrar and registry.
-- There is need for a process that would 
allow applicants to request exceptions and 
have them considered on a case-by-case basis.
-- The concept of Single Registrant, Single 
User TLDs should be explored further.
-- There will exist need for enhanced 
compliance efforts and the need for a detailed 
compliance plan in relation to the new gTLD program in general.

that's an ever-so-slightly edited version of the principles list...

i think there are two areas of consensus -- 1) the need for exceptions and 2) the importance of capable compliance.
mikey


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