[CCWG-ACCT] Standard PICs - relevant for "grandfathering" discussion tomorrow

Avri Doria avri at acm.org
Mon Jan 25 21:15:07 UTC 2016


Hi,

I think that as long as the mission is not changed, I agree wit your
analysis that grandfathering becomes redundant.

I also agree with the last point against closed generics, which, if
anything, policy for the new gTLD program allowed for.  Again making the
point that implementation does not necessarily correspond to policy and
that this is the problem, not mission.

aavri


On 25-Jan-16 15:26, Burr, Becky wrote:
> I am not an IRP panel, but personally I am pretty comfortable that
> these provisions are within ICANN’s Mission, with one possible
> exception.  (And, BTW, if I’m correct, the grandfathering unnecessary,
> no?) The final Commitment (no closed generics) seems to me to be a
> stretch_in the absence of a bottom-up multistakeholder policy on this
> subject_.   But I expect others will disagree
>
> *J. Beckwith Burr****
> **Neustar, Inc.***/**Deputy General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
> *Office:***+1.202.533.2932  *Mobile:***+1.202.352.6367
> */**neustar.biz* <http://www.neustar.biz>
>
>
> From: Greg Shatan <gregshatanipc at gmail.com
> <mailto:gregshatanipc at gmail.com>>
> Date: Monday, January 25, 2016 at 3:15 PM
> To: Becky Burr <becky.burr at neustar.biz <mailto:becky.burr at neustar.biz>>
> Cc: Accountability Community <accountability-cross-community at icann.org
> <mailto:accountability-cross-community at icann.org>>, ACCT-Staff
> <acct-staff at icann.org <mailto:acct-staff at icann.org>>
> Subject: Re: [CCWG-ACCT] Standard PICs - relevant for "grandfathering"
> discussion tomorrow
>
> I would ask a third simple question: 
>
> Do these provisions need to be protected by grandfathering in order to
> be renewed or signed after the bylaws are changed?
>
> On Monday, January 25, 2016, Burr, Becky <Becky.Burr at neustar.biz
> <mailto:Becky.Burr at neustar.biz>> wrote:
>
>
>     In advance of the call tomorrow, and in particular our
>     grandfathering discussion, I’ve pasted below the “standard” Public
>     Interest Commitments (PICs) from the Registry Agreement.  It would
>     be useful to review these in advance of the call.  Two simple
>     questions:  (1) can existing agreements containing these
>     provisions can be renewed as is under the grandfathering provision
>     and (2) can existing applicants who have not yet entered into
>     registry agreements sign contracts containing these provisions
>     under the grandfathering clause?
>
>     SPECIFICATION 11
>
>     PUBLIC INTEREST COMMITMENTS
>
>     1.     Registry Operator will use only ICANN accredited registrars
>     that are party to the Registrar Accreditation Agreement approved
>     by the ICANN Board of Directors on 27 June 2013 in registering
>     domain names.  A list of such registrars shall be maintained by
>     ICANN on ICANN’s website.
>
>
>     2.  Registry Operator will operate the registry for the TLD in
>     compliance with all commitments, statements of intent and business
>     plans stated in the following sections of Registry Operator’s
>     application to ICANN for the TLD, which commitments, statements of
>     intent and business plans are hereby incorporated by reference
>     into this Agreement.  Registry Operator’s obligations pursuant to
>     this paragraph shall be enforceable by ICANN and through the
>     Public Interest Commitment Dispute Resolution Process established
>     by ICANN (posted at
>     http://www.icann.org/en/resources/registries/picdrp
>     <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_en_resources_registries_picdrp&d=CwMFaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=K2bk8fdD-bdClSR1tbM08Xy97u-iiODJ7CtY94TDKnc&s=QfWVcXIJTIIuMtxtxWs7-32GXCgSHVBJX3lr5DdaRLE&e=>),
>     which may be revised in immaterial respects by ICANN from time to
>     time (the “PICDRP”).  Registry Operator shall comply with the
>     PICDRP.  Registry Operator agrees to implement and adhere to any
>     remedies ICANN imposes (which may include any reasonable remedy,
>     including for the avoidance of doubt, the termination of the
>     Registry Agreement pursuant to Section 4.3(e) of the Agreement)
>     following a determination by any PICDRP panel and to be bound by
>     any such determination.
>
>
>         [Registry Operator to insert specific application sections
>         here, if applicable]
>
>      
>
>     3.     Registry Operator agrees to perform the following specific
>     public interest commitments, which commitments shall be
>     enforceable by ICANN and through the PICDRP. Registry Operator
>     shall comply with the PICDRP. Registry Operator agrees to
>     implement and adhere to any remedies ICANN imposes (which may
>     include any reasonable remedy, including for the avoidance of
>     doubt, the termination of the Registry Agreement pursuant to
>     Section 4.3(e) of the Agreement) following a determination by any
>     PICDRP panel and to be bound by any such determination.
>
>      
>
>     a.        Registry Operator will include a provision in its
>     Registry-Registrar Agreement that requires Registrars to include
>     in their Registration Agreements a provision prohibiting
>     Registered Name Holders from distributing malware, abusively
>     operating botnets, phishing, piracy, trademark or copyright
>     infringement, fraudulent or deceptive practices, counterfeiting or
>     otherwise engaging in activity contrary to applicable law, and
>     providing (consistent with applicable law and any related
>     procedures) consequences for such activities including suspension
>     of the domain name.
>
>      
>
>     b.       Registry Operator will periodically conduct a technical
>     analysis to assess whether domains in the TLD are being used to
>     perpetrate security threats, such as pharming, phishing, malware,
>     and botnets. Registry Operator will maintain statistical reports
>     on the number of security threats identified and the actions taken
>     as a result of the periodic security checks. Registry Operator
>     will maintain these reports for the term of the Agreement unless a
>     shorter period is required by law or approved by ICANN, and will
>     provide them to ICANN upon request.
>
>      
>
>     c.        Registry Operator will operate the TLD in a transparent
>     manner consistent with general principles of openness and
>     non-discrimination by establishing, publishing and adhering to
>     clear registration policies.
>
>      
>
>     d.        Registry Operator of a “Generic String” TLD may not
>     impose eligibility criteria for registering names in the TLD that
>     limit registrations exclusively to a single person or entity
>     and/or that person’s or entity’s “Affiliates” (as defined in
>     Section 2.9(c) of the Registry Agreement). “Generic String” means
>     a string consisting of a word or term that denominates or
>     describes a general class of goods, services, groups,
>     organizations or things, as opposed to distinguishing a specific
>     brand of goods, services, groups, organizations or things from
>     those of others.
>
>      
>
>     * *
>
>      
>
>
>
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