[registration-issues-wg] Fwd: [council] ICANN, RySG Propose Amendment to New gTLD Registry Agreement

Ariel Liang ariel.liang at icann.org
Sat Jun 4 01:34:40 UTC 2016


Dear Evan, Garth, and All, 

Krista Papac, the Staff member responsible for this public comment proceeding, provided some information with regard to the concerns raised by Evan and Garth. Please be so kind to see her comments below. 

Have a good weekend!

Best regards,
Ariel 

==
To start, it’s important to remember that the ICANN community participated in the development of the base New gTLD Registry Agreement through public comment. Section 7.6 of the board-approved base agreement says that ICANN and registry operators can "enter into bilateral amendments and modifications to this Agreement negotiated solely between the two parties.” The amendment process was not built as a mechanism for the community to modify the registry agreement. Instead, the policy development process is a better means for stakeholders to raise concerns and effect change.

 

That being said, below is a summary of the process for amending the base New gTLD Registry Agreement as defined in Sections 7.6 & 7.7. 
The process can only be initiated by ICANN or the RySG, and no more than once per year.
ICANN representatives and a small working group appointed by the RySG conduct bilateral negotiations of the terms of a proposed amendment.
If the parties can’t reach agreement, ICANN and the RySG working group would go to mediation, then arbitration. If agreement is still not reached, certain topics are off limits, including pricing, SLAs, PIC and consensus policy per Section 7.7 (e) (ii).
ICANN issues the proposed amendment for public comment and sends legal notification to all registries. The public comment period must last a minimum of 30 days, ICANN may extend it. 
ICANN has opted to extend the public comment period for this amendment to 43 days.
After the public comment period, ICANN and the RySG working group consider comments and then submit a final proposal to all registry operators and the ICANN board for a vote.
If registry operators and the board approve the amendment, it will become effective 60 days after ICANN sends legal notice to registry operators.
From:  Dev Anand Teelucksingh <devtee at gmail.com>
Date:  Wednesday, June 1, 2016 at 4:13 PM
To:  "gbruen at knujon.com" <gbruen at knujon.com>
Cc:  Evan Leibovitch <evan at telly.org>, Ariel Liang <ariel.liang at icann.org>, "registration-issues-wg at icann.org" <registration-issues-wg at icann.org>
Subject:  Re: [registration-issues-wg] Fwd: [council] ICANN, RySG Propose Amendment to New gTLD Registry Agreement

There is a PDF of the summary of changes to the registry agreement
https://www.icann.org/en/system/files/files/summary-changes-registry-agreement-31may16-en.pdf

Dev Anand 

On Wed, Jun 1, 2016 at 3:04 PM, gbruen at knujon.com <gbruen at knujon.com> wrote:
Evan,

Looks like a way for registries to change the contract annually without going to the community. 

The rationale then is obvious. 

I concur on the rejection.

-Garth 



On 6/1/16 2:29 PM, Evan Leibovitch wrote:
Hi Ariel,

Are there any resources on staff to make a concise, plain-language summary of the proposed changes?

Based on my reading of the proposed changes I would recommend that the ALAC oppose the changes.
Is there a published rationale for the changes?

In the absence of a published rationale ALAC should absolutely reject it out of hand, simply as an issue of transparency.

- Evan

On 1 June 2016 at 20:08, Ariel Liang <ariel.liang at icann.org> wrote:
Dear All, 

Please note that the wiki workspace for the public comment on the Proposed Amendments to Base New gTLD Registry Agreement Follow Updates has been created: https://community.icann.org/x/uBiOAw. 

If you have comments and would like to draft a Statement on behalf of the ALAC, please contact ariel.liang at icann.org. 

Thank you,
Ariel 

From: <registration-issues-wg-bounces at atlarge-lists.icann.org> on behalf of Olivier Crepin Leblond <ocl at gih.com>
Date: Tuesday, May 31, 2016 at 6:08 PM
To: "registration-issues-wg at icann.org" <registration-issues-wg at icann.org>
Subject: [registration-issues-wg] Fwd: [council] ICANN, RySG Propose Amendment to New gTLD Registry Agreement

FYI


-------- Forwarded Message -------- 
Subject: [council] ICANN, RySG Propose Amendment to New gTLD Registry Agreement
Date: Tue, 31 May 2016 20:35:50 +0000
From: Marika Konings <marika.konings at icann.org>
To: council at gnso.icann.org<council at gnso.icann.org>

For your information.
https://www.icann.org/news/announcement-2016-05-31-en
ICANN, RySG Propose Amendment to New gTLD Registry Agreement
ICANN today issued for public comment a proposed amendment to the base New gTLD Registry Agreement. The public comment period ends 13 July 2016.

Comment now.

The amendment proposed today reflects over 18 months of negotiations between representatives of ICANN and the Registries Stakeholder Group (RySG). These negotiations were conducted pursuant to Section 7.7 of the base agreement. The RySG initiated the process. Following the conclusion of the public comment period, ICANN and the RySG working group for these negotiations will consider the comments and submit the proposed final version of the amendment for approval by registry operators and the ICANN board (see Section 7.6 of the registry agreement). If these approvals are obtained, the amendment will become effective upon 60 days notice from ICANN to the registry operators.

Read the blog post.
About ICANN
ICANN's mission is to help ensure a stable, secure and unified global Internet. To reach another person on the Internet, you have to type an address into your computer - a name or a number. That address has to be unique so computers know where to find each other. ICANN helps coordinate and support these unique identifiers across the world. ICANN was formed in 1998 as a not-for-profit public-benefit corporation and a community with participants from all over the world. ICANN and its community help keep the Internet secure, stable and interoperable. It also promotes competition and develops policy for the top-level of the Internet's naming system and facilitates the use of other unique Internet identifiers. For more information please visit: www.icann.org.

 

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-- 
Evan Leibovitch
Geneva, CH
Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56

 
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-- 
Garth Bruen
gbruen at knujon.com617-947-3805http://www.knujon.com
Fisher College, Criminal Justice Division
ICANN At-Large Advisory Council
Author: WHOIS Running the Internet
http://www.wiley.com/WileyCDA/WileyTitle/productCd-1118679555.html

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