[bc-gnso] pressing the BC recommendations for dot-brand TLDs

[Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>]

To: BC Members
Re:  ICANN Con call today regarding Registry Contracts

I joined a large con call today hosted by ICANN, to discuss new gTLD registy 
agreement.  (see description at bottom of this note)

Berry Cobb and Jon Nevett were also on the call.

When we got to the Registry Code of Conduct, ICANN staff mentioned they had 
received many comments on how this would or would not work for dot-brand 
registries.

At that point I brought up the BC concerns expressed in our Guidebook comments 
filed 6-Dec in Cartagena.

I used the example of Canon, since they have said they may pursue a dot-brand.
I said Canon might want to operate its own Registrar and restrict registrations 
to its  own operating divisions, like copiers.canon  and cameras.canon
And Canon might want to manage a big sub-domain of photographers using Canon 
cameras, like [name].photos.canon

I said The Code of Conduct should not restrict dot-brands from using an owned 
or closely affiliated registrar to register and manage names that it controls.  
(e.g., for divisions, product lines, locations, customers, affiliates, etc. )

I gave  the BC recommendation to insert this clause into the Registry Code of 
Conduct:

4.  Nothing set forth in articles 1, 2, or 3 shall apply to a single-registrant 
('dot brand') Registry Operator acting with respect to user data that is under 
its ownership and control, or with respect to conduct reasonably necessary for 
the management, operations and purpose of the TLD.

An experienced registry operator on the call said our 'carve out' would allow 
'gaming' and abuse.  (they say that a lot).

ICANN Staff is very resistant to any 'carve-out' for dot-brands.  They oppose 
any exception (or even a definition) for dot-brand.
Craig Schwartz said ICANN didn't want to get in the business of monitoring 
Canon's copier business. ( I think that was the point of our recommendation — 
we don't want ICANN getting involved in how a dot-brand allocates registrations 
to entities it owns or controls)

Will discuss more on our Monday call, I hope.

--
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org and http://blog.netchoice.org
+1.202.420.7482

Temporary Drafting Group Work Session on New gTLD Base Registry Agreement 
Issues – To Be Held 27 January 
2011<http://blog.icann.org/2011/01/temporary-drafting-group-work-session-on-new-gtld-base-registry-agreement-issues-%e2%80%93-to-be-held-27-january-2011/>

by Craig Schwartz on January 14, 2011

The Temporary Drafting Group will hold a teleconference on 27 January 2011. The 
issues open for drafting/discussion during the call will include:

  *   Suggestions for additional language for Specification 9 (the Registry 
Code of Conduct)
  *   Proposed modifications to conditions related to the termination of a 
registry services agreement
  *   Suggestions for clarifications to provision requiring advance notice of 
registry price increases
  *   Concepts for continued registry operations instrument to provide 
continuity of services

Results:

This is not a formal public consultation, but is intended to inform drafting 
which might make up a later public consultation. Any results from the Temporary 
Drafting Group will be included in documents that will be posted for public 
comment. No results from the Group will necessarily be used in any agreement 
drafts, but inputs from the Group will be considered by the ICANN Staff in 
making recommendations relating to questions discussed or posed to the Group.

Session:

This third Temporary Drafting Group session will be held via teleconference on 
27 January 2011 at 18.00 UTC (http://timeanddate.com/s/1xxz), and is scheduled 
to last for 120 minutes.

Participation:

The Temporary Drafting Group was formed in early 2010 and announced in a 28 
April 2010 
blog<http://blog.icann.org/2010/04/temporary-drafting-group-work-session-on-new-gtld-implementation-issues-%E2%80%93-to-be-held-3-may-2010/>
 post. If you would like to participate, please submit your name to 
TDG-Legal@xxxxxxxxx<mailto:TDG-Legal@xxxxxxxxx>, and we will provide you with 
information for the call.