Re: [gtld-council] Outcomes of the Brussels meeting on policies for contractual conditions
Dear AllThanks so much for these further clarifications. However, it's 11th hour and 11th minute in terms of writing the initial report. I will do my best to incorporate these points of view in time for the release of the draft Initial Report in time for our 15 June meeting.
Liz ..................................................... Liz Williams Senior Policy Counselor ICANN - Brussels +32 2 234 7874 tel +32 2 234 7848 fax +32 497 07 4243 mob On 03 Jun 2006, at 17:51, Marilyn Cade wrote:
Thanks, Mawaki. Excellent points. However, we also need to be cautious about the term"global". All TLDS resolve globally, and that is part of the end to end principle and commitment of ICANN. We had a debate something like this very early on at ICANN because there was a view that cc's were national only in scope, and of course, while they have national characteristics, they resolveglobally.It occurs to me that this definition will need vetting with the ccNSO/ccfuller community. Marilyn Cade -----Original Message----- From: owner-gtld-council@xxxxxxxxxxxxxx [mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Mawaki Chango Sent: Saturday, June 03, 2006 11:31 AM To: Bruce Tonkin; gtld-council@xxxxxxxxxxxxxxSubject: Re: [gtld-council] Outcomes of the Brussels meeting on policies forcontractual conditions Hello Bruce & TF, This is a contribution/reply to an old email... from Brussels. I'd like to suggest the following definition for gTLD. gTLD = a generic TLD is a top or first level Internet domain name that is unique, global in scope and defined through an exclusive contract with ICANN; it includes but is not limited to the current sponsored and unsponsored TLDs. You (esp. techies and policy staff; pls no lawyers ;)) may want to confirm if "unique" and "exclusive contract" are Ok, as I see them, but I'd like to insist having "global in scope" or something like that (to mean they're geography-blinded, don't pertain to any specific region). Because in my interactions, I have come to realize that (a) signicant (number of) people in the US seem to think gTLDs are american TLDs and the rest of the world should be content with ccTLDs only. No offence... just clarity. Best, Mawaki --- Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx> wrote:Hello All, The following were areas of agreement amongst the participants in the Brussels meeting for policy guidelines that relate to contractual conditions. These will be incorporated into an initial report. The intent will also be to include a "model" or "reference" agreement that complies with these guidelines to assist in providing a practical example of how the guidelines may be applied. Use "gTLD licence holder" instead of "Registry Operator" as this has a range of meanings. "gTLD" = "a generic TLD that has a contract with ICANN, includes but is not limited to the current sponsored and unsponsored TLDs" 1. There should be a frame agreement to provide some level of consistency (e.g as for the registrars accreditation agreement), with the ability for staff to have delegated authority to approve. 2. Any material alterations to the frame agreement, subject to public comments before approval by the ICANN Board. 3. The contract should strike the right balance between ensuring certainty for market players and preserving flexibility of ICANN to accommodate the rapidly changing market, technological and policy conditions. 4. The initial term of commercially reasonable length (e.g default 10 years, although may be changed on a case-by-case basis). 5. There should be a renewal expectancy. A contract would be renewed provided that the license holder is not in material breach of the contract, or has not been found in repeated non-performance of the contract, and provided the license holder agrees to any new framework contract conditions that are reasonably acceptable. Any new framework contract would take into account the consensus policies in place at that time. 6. There should be an ability to terminate the contract if the gtld licence holder has been found in repeated non-performance of the contract. 7. During the term of the agreement, the registry must comply with new or changed consensus policies to one or more of the following areas: - (1) issues for which uniform or coordinated resolution is reasonably necessary to facilitate interoperability, Security and/or Stability of the Internet or DNS; - (2) functional and performance specifications for the provision of Registry Services (as defined in Section 3.1(d)(iii) below); - (3) Security and Stability of the registry database for the TLD; - (4) registry policies reasonably necessary to implement Consensus Policies relating to registry operations or registrars; - or (5) resolution of disputes regarding the registration of domain names (as opposed to the use of such domain names). 8. Any deviation from consensus policies should be explicitly stated and justified in the agreement 9. Where a registry provides IDNs, the contract should require that the registry adhere to IDN standards, and ICANN guidelines for IDNs. 10. Initially rely on the appropriate external competition/anti-trust Government authorities to ensure compliance with laws relating to market power or pricing power. This can be reviewed after initial term. 11. ICANN should take a consistent approach with respect to registry fees - taking into account differences in regional, economic and business models 13. Use of Personal Data: limit it to the purpose for which it is collected, and define the extent to which it is made available to third parties. Further work required to identify whether to address other forms of registry data, such as traffic data, before any policy recommendation in this area can be made.