[Gnso-rpm-sunrise] Information for Q2 (there is no thread yet)

[BECKHAM, Brian]

Thx Kristine and Maxim,

It’s not necessarily the case that an ICANN contract limitation should prohibit third parties from simply asking questions (there observations speculating on a possible correlation between “penny registrations” and malware/spam, and also pricing that circumvents the spirit of RPMs), but this is useful to our discussions.

Brian


Sent from my WIPO mobile

On 31 May 2019 at 00:23:05 CEST, Dorrain, Kristine via Gnso-rpm-sunrise <gnso-rpm-sunrise at icann.org> wrote:

Hi all,



In addition to the Board deck describing the picket fence<https://gnso.icann.org/sites/default/files/file/field-file-attach/picket-fence-overview-23jan19-en.pdf>, Maxim and I agreed to provide the actual text from the RA and RAA pertaining to the picket fence and pricing.  It’s in the table below, with links to the relevant agreements.



To be clear, this says we may not make a consensus policy that limits prices.  As Maxim noted on the call: even if we put such a comment out to the public and it became a formal recommendation, the Council would need to reject it as it’s outside their authority.  So our point is that it’s outside the scope to even ask the question.



We hope this helps.



Kristine (and Maxim)





Agreement


link


Reference


Text


Registry Agreement


https://newgtlds.icann.org/sites/default/files/agreements/agreement-approved-31jul17-en.docx


Specification 1, Art. 1, specifically 1.4.


1.4.         In addition to the other limitations on Consensus Policies, they shall not:

1.4.1                prescribe or limit the price of Registry Services;

1.4.2      modify the terms or conditions for the renewal or termination of the Registry Agreement;

1.4.3      modify the limitations on Temporary Policies (defined below) or Consensus Policies;

1.4.4      modify the provisions in the registry agreement regarding fees paid by Registry Operator to ICANN; or

1.4.5      modify ICANN’s obligations to ensure equitable treatment of registry operators and act in an open and transparent manner.


Registrar Accreditation Agreement (2013)


https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en


CONSENSUS POLICIES AND TEMPORARY POLICIES SPECIFICATION


1.4. In addition to the other limitations on Consensus Policies, they shall not:

1.4.1. prescribe or limit the price of Registrar Services; 1.4.2. modify the limitations on Temporary Policies (defined below) or Consensus Policies;

1.4.3. modify the provisions in the Registrar Accreditation Agreement regarding terms or conditions for the renewal, termination or amendment of the Registrar Accreditation Agreement or fees paid by Registrar to ICANN; or

1.4.4. modify ICANN’s obligations to not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and to not single out Registrar for disparate treatment unless justified by substantial and reasonable cause, and exercise its responsibilities in an open and transparent manner.






Kristine Dorrain

Senior Corporate Counsel | gTLD Registry

dorraink at amazon.com<mailto:dorraink at amazon.com>| 206-740-9339





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