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Re: [gtld-council] Outcomes of the Brussels meeting on policies for contractual conditions

  • To: "Marilyn Cade" <marilynscade@xxxxxxxxxxx>
  • Subject: Re: [gtld-council] Outcomes of the Brussels meeting on policies for contractual conditions
  • From: Liz Williams <liz.williams@xxxxxxxxx>
  • Date: Mon, 5 Jun 2006 18:15:02 +0200

Dear All

Thanks 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 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 resolve

It occurs to me that this definition will need vetting with the ccNSO/cc
fuller 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@xxxxxxxxxxxxxx
Subject: Re: [gtld-council] Outcomes of the Brussels meeting on policies for
contractual 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


--- 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
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
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
certainty for market players and preserving flexibility of
accommodate the rapidly changing market, technological and

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
contract, or has not been found in repeated non-performance of
contract, and provided the license holder agrees to any new
contract conditions that are reasonably acceptable.    Any new
contract would take into account the consensus policies in
place at that

6. There should be an ability to terminate the contract if the
licence holder has  been found in repeated non-performance of

7. During the term of the agreement, the registry must comply
with new
or changed consensus policies to one or more of the following
-       (1) issues for which uniform or coordinated resolution is
reasonably necessary to facilitate interoperability, Security
Stability of the Internet or DNS;

-       (2) functional and performance specifications for the
of Registry Services (as defined in Section 3.1(d)(iii)

-       (3) Security and Stability of the registry database for the

-       (4) registry policies reasonably necessary to implement
Consensus Policies relating to registry operations or

-       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

10. Initially rely on the appropriate external
Government authorities to ensure compliance with laws relating
to market
power or pricing power.   This can be reviewed after initial

11. ICANN should take a consistent approach with respect to
fees - taking into account differences in regional, economic
business models

13. Use of Personal Data: limit it to the purpose for which it
collected, and define the extent to which it is made available
to third

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.

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