[gnso-irtpd] Penalties for registries

[Lars Hoffmann <lars.hoffmann@xxxxxxxxx>]

Dear all,

I have contacted ICANN Compliance, following the Group's discussion on
Charter Question e)
"Whether existing penalties for policy violations are sufficient or if
additional provisions/penalties for specific violations should be added into
the policy"

With regard to the penalty structure for registries, please see the response
below (in brief it seems that the penalty structure for registries is not as
nuanced as that for registrars):

The current registry agreements include a broad variety of obligations (most
of which are very technical in nature), spread through the body of the
agreements themselves and their many appendices (up to 11). For most of
those obligations there are no graded sanctions or penalties, which means
that if a registry is in violation of any obligation, receives the 1st, 2nd
and 3rd notices, is then issued a notice of breach and still doesn't cure,
it could go to termination without any penalties in between.

However, some of the agreements include an appendix specific to SLAs
(service level agreements). These SLAs provide that when the registry
operators fail to comply with their Technical and Performance
Specifications, they have to apply credits to the registrars' fees,
depending on the specification that was not met and the impact. The SLAs
provide tables that explain what credits apply for each type of
specification. See one as an example:
http://www.icann.org/en/about/agreements/registries/info/appendix-10-08dec06
-en.htm .

These credits, although not technically penalties, do affect the registries
negatively.

Best wishes,
Lars

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