[pdp-pcceg-feb06] Registry Statement on TOR 5

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

All,

 

As promised, please find enclosed an explanation on why the gTLD
Registries voted to oppose the recommendation for TOR 5.  Thanks.

 

            

 

STATEMENT ON PROPOSED TERM OF REFERENCE 5

 


The gTLD Registries Constituency ("RyC") votes NO on the proposed
resolution to conduct a "study by an independent third party on the data
[collected by registries] and the uses to which it is put" for the
reasons set forth below.  

 

The RyC believes that it is premature to conduct a study on the
collection and use of registry data, in particular because the Task
Force has never been able to (1) define exactly what it means by
"registry data"; (2) articulate a list of realistic concerns with
respect to the contractual provision governing registry data; nor (3)
articulate either the deficiencies in, or any potential harm flowing
from, the existing contractual conditions governing registry data.  

            

In the absence of clarity with respect to these three critical
components the proposed study amounts to nothing more than an
unjustified "fishing expedition" to identify new ways to regulate
registry practices.  The policy development process is intended to
address real issues arising within ICANN's narrow technical mission.
Absent a reasonable articulation of the potential harm to be studied,
the terms of the existing .biz, .com, .info and .org agreements, coupled
with existing national law provide ample controls. Undertaking the
proposed study at this time would constitute an abuse of the policy
development process, to say nothing of the time, energy, and resources -
both human and financial - that it would consume. 

            

 

Jeffrey J. Neuman, Esq. 
Sr. Director, Law, Advanced Services  & Business Development 

NeuStar, Inc. 
Loudoun Tech Center 
46000 Center Oak Plaza 
Sterling, VA 20166 
p: (571) 434-5772 
f: (571) 434-5735 
e-mail: Jeff.Neuman@xxxxxxxxxx <mailto:Jeff.Neuman@xxxxxxxxxx>  

 

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