[CCWG-ACCT] Standard PICs - relevant for "grandfathering" discussion tomorrow

[Greg Shatan]

I would ask a third simple question:

Do these provisions need to be protected by grandfathering in order to be
renewed or signed after the bylaws are changed?

On Monday, January 25, 2016, Burr, Becky <Becky.Burr at neustar.biz> wrote:

>
> In advance of the call tomorrow, and in particular our grandfathering
> discussion, I’ve pasted below the “standard” Public Interest Commitments
> (PICs) from the Registry Agreement.  It would be useful to review these in
> advance of the call.  Two simple questions:  (1) can existing agreements
> containing these provisions can be renewed as is under the grandfathering
> provision and (2) can existing applicants who have not yet entered into
> registry agreements sign contracts containing these provisions under the
> grandfathering clause?
>
> SPECIFICATION 11
>
> PUBLIC INTEREST COMMITMENTS
>
> 1.     Registry Operator will use only ICANN accredited registrars that
> are party to the Registrar Accreditation Agreement approved by the ICANN
> Board of Directors on 27 June 2013 in registering domain names.  A list of
> such registrars shall be maintained by ICANN on ICANN’s website.
>
>
> 2.  Registry Operator will operate the registry for the TLD in compliance
> with all commitments, statements of intent and business plans stated in
> the following sections of Registry Operator’s application to ICANN for
> the TLD, which commitments, statements of intent and business plans are
> hereby incorporated by reference into this Agreement.  Registry Operator’s
> obligations pursuant to this paragraph shall be enforceable by ICANN and
> through the Public Interest Commitment Dispute Resolution Process
> established by ICANN (posted at
> http://www.icann.org/en/resources/registries/picdrp), which may be
> revised in immaterial respects by ICANN from time to time (the “PICDRP”).
>  Registry Operator shall comply with the PICDRP.  Registry Operator
> agrees to implement and adhere to any remedies ICANN imposes (which may
> include any reasonable remedy, including for the avoidance of doubt, the
> termination of the Registry Agreement pursuant to Section 4.3(e) of the
> Agreement) following a determination by any PICDRP panel and to be bound by
> any such determination.
>
>
> [Registry Operator to insert specific application sections here, if
> applicable]
>
>
>
> 3.     Registry Operator agrees to perform the following specific public
> interest commitments, which commitments shall be enforceable by ICANN and
> through the PICDRP. Registry Operator shall comply with the PICDRP.
> Registry Operator agrees to implement and adhere to any remedies ICANN
> imposes (which may include any reasonable remedy, including for the
> avoidance of doubt, the termination of the Registry Agreement pursuant to
> Section 4.3(e) of the Agreement) following a determination by any PICDRP
> panel and to be bound by any such determination.
>
>
>
> a.        Registry Operator will include a provision in its
> Registry-Registrar Agreement that requires Registrars to include in their
> Registration Agreements a provision prohibiting Registered Name Holders
> from distributing malware, abusively operating botnets, phishing, piracy,
> trademark or copyright infringement, fraudulent or deceptive practices,
> counterfeiting or otherwise engaging in activity contrary to applicable
> law, and providing (consistent with applicable law and any related
> procedures) consequences for such activities including suspension of the
> domain name.
>
>
>
> b.       Registry Operator will periodically conduct a technical analysis
> to assess whether domains in the TLD are being used to perpetrate security
> threats, such as pharming, phishing, malware, and botnets. Registry
> Operator will maintain statistical reports on the number of security
> threats identified and the actions taken as a result of the periodic
> security checks. Registry Operator will maintain these reports for the term
> of the Agreement unless a shorter period is required by law or approved by
> ICANN, and will provide them to ICANN upon request.
>
>
>
> c.        Registry Operator will operate the TLD in a transparent manner
> consistent with general principles of openness and non-discrimination by
> establishing, publishing and adhering to clear registration policies.
>
>
>
> d.        Registry Operator of a “Generic String” TLD may not impose
> eligibility criteria for registering names in the TLD that limit
> registrations exclusively to a single person or entity and/or that person’s
> or entity’s “Affiliates” (as defined in Section 2.9(c) of the Registry
> Agreement). “Generic String” means a string consisting of a word or term
> that denominates or describes a general class of goods, services, groups,
> organizations or things, as opposed to distinguishing a specific brand of
> goods, services, groups, organizations or things from those of others.
>
>
>
>
>
>
>
>
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