[gnso-vi-feb10] Board Resolution 2010.11.05.20

[Avri Doria <avri@xxxxxxx>]

Hi,

On seing this resolution by the Board, I am not sure what more the VI WG could 
do.  The Board  seem to have chosen from the VI WG smorgasbord quite well.  And 
someday, if we see abuses, the GNSO can open a new PDP.

a.

http://www.icann.org/en/minutes/resolutions-05nov10-en.htm

Resolved, (2010.11.05.02), the Board directs the CEO to include the following 
principles relating to registry-registrar cross-ownership in the forthcoming 
version of the Applicant Guidebook.

        • ICANN will not restrict cross-ownership between registries and 
registrars. Registry operators are defined as the registry operator and all 
other relevant parties relating to the registry services.

        • Registry agreements will include requirements and restrictions on any 
inappropriate or abusive conduct arising out of registry-registrar cross 
ownership, including without limitations provisions protecting against:

                • misuse of data; or

                • violations of a registry code of conduct;

        • These provisions may be enhanced by additional enforcement mechanisms 
such as the use of self-auditing requirements, and the use of graduated 
sanctions up to and including contractual termination and punitive damages.

        • ICANN will permit existing registry operators to transition to the 
new form of registry agreement, except that additional conditions may be 
necessary and appropriate to address particular circumstances of established 
registries.

        • ICANN will have the ability to refer issues to relevant competition 
authorities.

        • ICANN will have the ability to address possible abuses that may arise 
out of registry-registrar cross-ownership through the consensus policy process.