[CCWG-ACCT] Current "picket fence" defined in the current new gTLD registry agreement

[Bruce Tonkin]

For information – here is the current “picket fence” restrictions around Consensus Policies as defined in the latest new gTLD registry agreement:

From Specification 1:  http://newgtlds.icann.org/sites/default/files/agreements/agreement-approved-09jan14-en.htm


1.              Consensus Policies.

1.1.         “Consensus Policies” are those policies established (1) pursuant to the procedure set forth in ICANN’s Bylaws and due process, and (2) covering those topics listed in Section 1.2 of this Specification.  The Consensus Policy development process and procedure set forth in ICANN’s Bylaws may be revised from time to time in accordance with the process set forth therein.

1.2.         Consensus Policies and the procedures by which they are developed shall be designed to produce, to the extent possible, a consensus of Internet stakeholders, including the operators of gTLDs.  Consensus Policies shall relate to one or more of the following:

	1.2.1      issues for which uniform or coordinated resolution is reasonably necessary to facilitate interoperability, security and/or stability of the Internet or Domain Name System (“DNS”);

	1.2.2      functional and performance specifications for the provision of Registry Services;

	1.2.3      Security and Stability of the registry database for the TLD;

	1.2.4      registry policies reasonably necessary to implement Consensus Policies relating to registry operations or registrars;

	1.2.5      resolution of disputes regarding the registration of domain names (as opposed to the use of such domain names); or

	1.2.6      restrictions on cross-ownership of registry operators and registrars or registrar resellers and regulations and restrictions with respect to registry operations and the use of registry and registrar data in the event that a registry operator and a registrar or registrar reseller are affiliated. 

1.3.         Such categories of issues referred to in Section 1.2 of this Specification shall include, without limitation:

	1.3.1      principles for allocation of registered names in the TLD (e.g., first-come/first-served, timely renewal, holding period after expiration);

	1.3.2      prohibitions on warehousing of or speculation in domain names by registries or registrars;

	1.3.3      reservation of registered names in the TLD that may not be registered initially or that may not be renewed due to reasons reasonably related to (i) avoidance of confusion among or misleading of users, (ii) intellectual property, or (iii) the technical management of the DNS or the Internet (e.g., establishment of reservations of names from registration); and

1.3.4      maintenance of and access to accurate and up-to-date information concerning domain name registrations; and procedures to avoid disruptions of domain name registrations due to suspension or termination of operations by a registry operator or a registrar, including procedures for allocation of responsibility for serving registered domain names in a TLD affected by such a suspension or termination.

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.