[gnso-gac-closed-generics] Closed gTLD registry models

Wed Mar 1 22:17:36 UTC 2023

Sophie cc as above

Good evening; thanks so much for this; really useful indeed (good aeroplane
reading)

best

Nigel

On Wed, 1 Mar 2023 at 15:04, Sophie Hey <sophie.hey at comlaude.com> wrote:

> Hi all,
>
>
>
> Following on from our call earlier in the week, I thought it might be
> helpful to set out the existing processes available to gTLD registry
> operators to have their gTLD as closed. I do keep forgetting that not
> everyone spends most of their time looking at Registry Agreements, so this
> is intended to set out some links and information.
>
>
>
> Base Registry Agreement Specification 9: you can find the full Code of
> Conduct on pages 87-88 of the Base RA
> https://newgtlds.icann.org/sites/default/files/agreements/agreement-approved-31jul17-en.pdf
>
>    - Registries can apply for exemptions from the Specification 9 Code of
>    Conduct if they meet the criteria in Spec 9 section 6, unless the string is
>    Generic.
>    - The carveout of Generic strings is set out in Specification 11
>    section 3(d) (page 98 of the Base RA).
>
>
>
> The process for requesting an exemption to the Code of Conduct in
> Specification 9 is set out in a 6-pager, which includes a form that a
> registry would need to submit to ICANN to request an exemption, is set out
> in this link
> https://newgtlds.icann.org/sites/default/files/ro-code-of-conduct-exemption-28oct13-en.pdf
> .
>
>    - The requesting registry needs to explain why the Code of Conduct is
>    not needed to protect the public interest. This could be adapted for Closed
>    Generics based on our ongoing discussions.
>    - We could also copy and paste the requirement that the requesting
>    registry also needs to submit the registration policies for the gTLD with
>    their request, and that they have an obligation to update ICANN in writing
>    at any point if any representations made in the request become untrue.
>
>
>
> ICANN provides FAQs on Spec 9 exemptions in this 6-pager
> https://newgtlds.icann.org/sites/default/files/faqs-18jul14-en.pdf. This
> is the document I shared on Monday’s call. Pages 2-3, specifically answers
> to Q5 and Q6 with a little of Q4, cover Generic strings, including guidance
> as to what Generic means. The impact on a registry granted a Spec 9
> exemption is set out on pages 5-6, specifically answers to Q14, Q15 and
> Q16.
>
>
>
> This page
> https://newgtlds.icann.org/en/applicants/agb/base-agreement-contracting/ccer,
> is a home page for Specification 9 Code of Conduct exemption requests. If
> you scroll down a little, you can see all past (and if there are any
> current) requests for exemptions from Specification 9 along with any
> comments made, and whether the requests were granted or not. Some gTLDs
> currently operating with an exemption to the Specification 9 Code of
> Conduct include .MEET
> <https://www.icann.org/en/registry-agreements/details/meet>, .CATHOLIC
> <https://www.icann.org/en/registry-agreements/details/catholic> (and
> translations католик
> <https://www.icann.org/en/registry-agreements/details/xn--80aqecdr1a> and
> كاثوليك
> <https://www.icann.org/en/registry-agreements/details/xn--mgbi4ecexp>), .
> BROADWAY <https://www.icann.org/en/registry-agreements/details/broadway>
> and .MED <https://www.icann.org/en/registry-agreements/details/med>.
>
>
>
> Registries with Specification 13 (also referred to as dot brands), have an
> exemption to the Specification 9 Code of Conduct which is explicitly
> included in Specification 13 section 3 (page 2)
> https://newgtlds.icann.org/sites/default/files/agreements/agreement-approved-specification-13-31jul17-en.pdf.
> I have also highlighted some points which I recall coming up during our
> discussions.
>
>    - Specification 13 section 6 has specific transition/termination
>    language for dot brands.
>    - Specification 13 section 7 requires dot brands to conduct internal
>    reviews of their gTLD every year and submit the results to ICANN each year.
>    - Specification 13 section 9.3(ii) permits only the Registry Operator,
>    its Affiliates or Trademark Licensees to be registrants of domain names in
>    the TLD and control the DNS records associated with domain names at any
>    level in the TLD. Trademark Licensees are then defined in Specification 13
>    section 9.5. This avoids interfering with the definition of “Affiliates”
>    for all gTLD registries but recognising the purpose and use of dot brand
>    registries.
>
>
>
> I hope this is helpful to you all.
>
>
>
> Sophie
>
>
>
> Sophie Hey
> she/her
> Policy Advisor
>
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