[bc-gnso] Also for discussion of BC comment on RAA

Marilyn Cade marilynscade at hotmail.com
Fri Apr 26 14:54:17 UTC 2013

Anjali,Would it possibly be useful to have a 45 min call with interested members to assist? so many of us are drowning in other items that drafting may escape us,but I could join a brief call.
I take note that this is now a fairly complex updated document, and that is helpful to share views?
Not sure if that is useful to your rapporteur efforts, but I can join a call if that is helpful. Probably can't do drafting. 
I agree that the 'improved' RAA is quite important for the BC members.  Maybe Steve could also tell us what /whether the BC's scorecard issues were met, which might help define some input.

From: AHansen at council.bbb.org
To: sdelbianco at netchoice.org; bc-gnso at icann.org
Subject: [bc-gnso] Also for discussion of BC comment on RAA 
Date: Fri, 26 Apr 2013 14:30:23 +0000

I volunteered to draft comments for the BC on the proposed revisions to the RAA.  As Steve noted, ICANN recently released an updated version of the RAA, which may address
 some of the BC members’ prior concerns.  See ICANN’s issues memo (attached) on the latest revisions as a summary.

If any of you have had the chance to look at the latest version and can provide input today at our meeting, that would be great.  However, comments are now not due until
 May 13, so I would welcome your written comments by next Thursday.  I can then circulate a draft of the comments to everyone by end of next week.
There are a lot of specifications that need to be looked at as well.  Here is the link: 

I had no idea what I was taking on when I volunteered for this project!  I will be greatly relying on everyone’s input.
Thank you and talk with you soon,

Anjali Karina Hansen
 Deputy General Counsel
Tel: 703-247-9340
Fax: 703-276-0634
ahansen at council.bbb.org
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From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org]
On Behalf Of Steve DelBianco

Sent: Friday, April 26, 2013 9:53 AM

To: 'bc - GNSO list'

Subject: [bc-gnso] for discussion of BC comment on GAC Advice for new gTLDs


This is for discussion during today's BC Member call, during the Policy segment of the agenda.


Background for BC comments on Beijing GAC Advice                                                       

Full GAC Communique and Advice from Beijing
 Initial public comments due 14-May

1. New gTLDs:
a. GAC objections to specific applications (. africa . gcc . islam . halal)
b. Safeguards for new gTLDs (Annex 1)
Safeguards for
all new gTLDs
1. Registry does Whois verification checks 2x per year
2. Registrant ToS should prohibit malware, botnets, phishing, piracy, TM/copyright infringement, fraud, deception, or anything contrary to
 applicable law.
3. Registry to periodically check domains in TLD for security threats (pharming, phishing, malware, botnets).  Notify registrar and suspend
 domain if no immediate remedy.
4. Registry to maintain stats on inaccurate Whois , security threats found, and actions taken.
5. Registry needs mechanism to handling complaints about inaccurate Whois, security, etc.
6. Registry must ensure immediate consequences (incl suspension) for inaccurate Whois or domain use in breach of applicable law
Safeguards for Category 1 gTLDs: consumer protection, sensitive strings and regulated markets        (non-exhaustive list of TLDs in annex 1, page 9)
1. . Registrant ToS should require compliance with applicable laws, incl privacy, consumer protection, fair lending, organic farming, disclsoures

2. Registry will require registrars to notify registrants of ToS at time of registration.
3. Registry will require registrants collecting sensitive health or financial data have reasonable security measures as defined by applicable
 laws and industry standards.
4. Registry to establish relationship with regulators or industry self-regulatory body, plus strategy to mitigate risks of fraud & illegal
5. Registry will require registrars to have single point of contact for complaints and mitigation

Additional Safeguards for Category 1 gTLDs in financial, gambling, professional services, environmental, health and fitness, corporate identifiers, and charity:
6. Registry must verify and validate registrant authorization, charter, license or other credentials
7. if in doubt about credentials, Registry should consult with national supervisory authority
8. Registry must do periodic checks on registrant validity and compliance with above requirements.
Safeguards for Category 2 gTLDs: restricted registration policies
1. Strings in Category 1 may restrict registration, appropriate to risks.  Be transparent and give equal access to registrars and registrants.
2. Generic gTLDs may have “exclusive” registry access if it serves a public interest goal.  Non-exhaustive list of generic terms where applicant
 has proposed exclusive access:
.antivirus, .app, .autoinsurance, .baby, .beauty, .blog, .book, .broker, .carinsurance,.cars, .cloud, .courses, .cpa, .cruise, .data, .dvr, .financialaid, .flowers, .food,
 .game, .grocery, .hair, .hotel, .hotels .insurance, .jewelry, .mail,.makeup, .map, .mobile, .motorcycles, .movie, .music, .news, .phone,.salon,.search, .shop, .show, .skin, .song, .store, .tennis, .theater, .theatre, .tires, .tunes, .video, .watches, .weather,
c. For further GAC consideration (.amazon .patagonia  .date  .spa  .yun  .thai  .zulu  .wine   .vin )
d. Ability for applicants to change applied-for string in order to address GACconcerns
-- no prior BC position.   Concerns with changing strings?
e. Opinion of impacted community should be duly taken into account

-- consistent with BC support for community priority for new gTLDs (2010)
f. Reconsider contention sets for singular and plural versions of the same string.
--consistent with BC consensus discussions before and in Beijing
g. Initial protection for intergovernmental organization names and acronyms atsecond level
--no official BC position, but generally supportive of GAC;
--BC should support “Strawman” TMCH warning notices for IGOs --  at least until GAC review of RPMs one year after 75th gTLD
 is launched.
2. finalize RAA and require it for registrars selling domains in new gTLDs.
--consistent with BC position (Jan-2012)
3. GAC’s 2007 Whois Principles should be “duly taken into account” by Directory Services Expert Working Group.  (Susan K)
4. Amend registry agreement to require permanent protection of Olympics and Red Cross
--no official BC position, but generally supportive of GAC;
5. more information on Public Interest Commitments (PIC) Specifications:
1. can 3rd party or governments raise concern about PIC compliance?
2. can applicants later amend their PICs?
3. will ICANN make registry operators aware of their PICs?
4. requirements to maximize public visibility of PICs?
5. how to amend where a registry made no PICs?  (but should have)
6. Are PICs enforceable?
--BC said ICANN should enforce PICs
7. Will ICANN follow sanctions recommended by PIC DRP?
8. Measures to remediate serious damage from past registration policies?

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