<p dir="ltr">Perhaps what "management of TLD" mean for ICANN needs to be clarified and I like to get it clear through example. Is ICANN said to be "managing TLD" in the 2 broad scenarios below:</p>
<p dir="ltr">1. That ICANN by its policy/procedure approves specific TLD to certain applicant</p>
<p dir="ltr">2. That ICANN require an already assigned TLD be used/operated in a specific way.</p>
<p dir="ltr">It seem 1 is within scope and 2 is where the question mark is, but how does ICANN fulfill item1 without implementing/enforcing some form of item 2.</p>
<p dir="ltr">Regards</p>
<div class="gmail_quote">On 14 Jan 2016 12:00 a.m., "Andrew Sullivan" <<a href="mailto:ajs@anvilwalrusden.com">ajs@anvilwalrusden.com</a>> wrote:<br type="attribution"><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">On Wed, Jan 13, 2016 at 05:50:00PM -0500, Avri Doria wrote:<br>
><br>
> Are incumbent gTLDs included within the "certain parts of the DNS" that<br>
> ICANN should manage?<br>
<br>
Actually, my view is that ICANN shouldn't manage TLDs at all. It<br>
should manage delegations from the root zone. Some of those<br>
delegations came with (more or less elaborate) rules around what made<br>
the delegation acceptable, and I can see my way to agreeing that ICANN<br>
should also be in a position to enforce such rules on the grounds that<br>
they were the basis for the original delegation (setting aside whether<br>
they should have been). Some continations of an agreement around<br>
delegation have also come with rules about what ICANN wanted as a<br>
basis for not finding a new operator of the enclosed name space;<br>
again, on the basis of existing commercial agreements I think ICANN<br>
should be in a position to enforce such rules.<br>
<br>
I note that this enforcement includes a duty to escrow the TLD's<br>
registration data (for some value thereof) in such a way that, if the<br>
operator of the TLD in question were to misbehave, ICANN would be in a<br>
position to undertake a forced redelegation. But note that merely<br>
moves the actual management of the TLD itself to some other operator,<br>
and does not actually make ICANN the manager of that subordinate<br>
namespace.<br>
<br>
Best regards,<br>
<br>
A<br>
<br>
--<br>
Andrew Sullivan<br>
<a href="mailto:ajs@anvilwalrusden.com">ajs@anvilwalrusden.com</a><br>
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