[registrars] [Fwd: [council] FWD: UNSPONSORED REGISTRIES STATEMENT - Regarding the Proposed Issues Report on Registry Services]

Fri Nov 7 22:42:24 UTC 2003

Thanks Mike - I am going to post the notes by Monday.  I also checked with Barbara and she's still taking comments by COB Monday.
So, gives us some breathing room, but I'd encourage folks to post their thoughts over the weekend.

Thanks

Elana Broitman
Register.com
575 Eighth Avenue
New York, NY 10018
Phone (212) 798-9215
Fax   (212) 629-9309
ebroitman at register.com 

-----Original Message-----
From: Michael D. Palage [mailto:michael at palage.com]
Sent: Friday, November 07, 2003 5:39 PM
To: ross at tucows.com; registrars at dnso.org
Subject: RE: [registrars] [Fwd: [council] FWD: UNSPONSORED REGISTRIES
STATEMENT - Regarding the Proposed Issues Report on Registry Services]

Ross,

There was a lot of constructive feedback provided by the registrars in
Tunisia during Barbara's presentation. I do not know if anyone was keeping
minutes of the Registrar meeting but if they were this may be a good
reference point for you.

Best regards,

Michael D. Palage

> -----Original Message-----
> From: owner-registrars at gnso.icann.org
> [mailto:owner-registrars at gnso.icann.org]On Behalf Of Ross Wm. Rader
> Sent: Friday, November 07, 2003 4:42 PM
> To: registrars at dnso.org
> Subject: [registrars] [Fwd: [council] FWD: UNSPONSORED REGISTRIES
> STATEMENT - Regarding the Proposed Issues Report on Registry Services]
>
>
> Ken Stubbs as a Registry representative to the Names Council has posted
> this statement to the Council mailing list and presumably forwarded it
> to the ICANN staff.
>
> I also note that I have not received much feedback from our constituency
> concerning our response to the staff request, specifically; "The
> perspective that would be most useful to  me, and that I'm most lacking
> at this time, is how your constituency will  be affected by there being
> in place a process for the introduction of new  registry services. I'm
> seeking your collective views on how the process  should ideally be
> shaped to most adequately reflect the concerns of the  Registrars."
>
> Time grows increasingly precious as far as this initiative is concerned.
>
> -------- Original Message --------
> Subject: 	[council] FWD: UNSPONSORED REGISTRIES STATEMENT - Regarding
> the Proposed Issues Report on Registry Services
> Date: 	Fri, 7 Nov 2003 16:33:20 -0500
> From: 	Ken Stubbs <kstubbs at digitel.net>
> To: 	names council <council at gnso.icann.org>
>
>
>
>   Sent: Friday, November 07, 2003 3:55 PM
>   Subject:      Unsponsored gTLD Registries Statement on Registry Services
>
>
>   UNSPONSORED REGISTRIES STATEMENT
>
>   Regarding the Proposed Issues Report on Registry Services
>
>   The gTLD Registries Constituency of the Generic Names Supporting
>   Organization is currently comprised of the three Sponsored and six
>   Unsponsored Registry Operators, including Afilias, Ltd. (.info),
>   DotCooperation, LLC (.coop), Global Name Registry (.name), Musedoma
>   (.museum), NeuLevel, Inc. (.biz), Public Interest Registry (.org),
>   RegistryPro (.pro), SITA (.aero) and VeriSign (.com & .net).
>
>   On behalf of the six Unsponsored gTLD Registry Operators, we submit the
>   following statement set forth below:
>
>   BACKGROUND
>
>   Each of the gTLD Registry Operators has entered an agreement with the
>   Internet Corporation for Assigned Names and Numbers which governs the
>   relationship between ICANN and the individual registry operator.  It
>   should be noted that only the Unsponsored Registry Agreements have any
>   provisions regarding "Registry Services."  In addition, the Unsponsored
>   Registry contracts only provide that ICANN consent to the price of a new
>   "Registry Service" so long as the operation as such service
> does not truly
>   threaten the technical stability of the domain name system .  While this
>   constituency recognizes the need for an ICANN procedure for prompt
>   technical and security impact review of proposed "Registry
> Service", with
>   a predictable, streamlined and appropriate market-based approach, the
>   contracts themselves do not give ICANN or any third party, including any
>   of the GNSO Constituencies, Supporting Organizations, Task Forces or
>   Advisory Committees, the ability to consent to any other aspects of
>   "Registry Services."  The applicable contracts do not provide a role for
>   ICANN with respect to prices or specifications for services or products
>   provided by registries that are not "Registry Services" as
> defined in such
>   agreements.
>
>    To the extent that ICANN wishes to increase its scope and/or
> powers with
>   respect to "Registry Services", it may only do so in accordance with its
>   agreements or with the express written consent of those with
> which it has
>   contracts (namely, the Registry Operators and Accredited
> Registrars).  In
>   addition, the meaning of such agreements will be governed according to
>   applicable legal principles. It cannot be said that any
> interpretation by
>   one party after having entered the agreement is binding on the
> other party
>   or evidences ambiguity.  In addition, interpretations offered by third
>   parties have no particular relevance in determining the meaning intended
>   by the parties to the relevant agreements.   To the extent that
> there are
>   any disputes over the meaning of any terms within ICANN's
> Agreements with
>   the registries, there is a built in dispute resolution process in the
>   contracts.  Such dispute resolution does not involve any of the GNSO
>   Constituencies, Supporting Organizations, Task Forces or even Advisory
>   Committees.
>
>   SPECIFIC COMMENTS ON ISSUES REPORT
>
>   The gTLD Registries Constituency is extremely concerned about the issues
>   raised in the "Excerpt from Draft Version of Staff Manager's
> Issues Report
>   for the Development of a Process for the Introduction of New or Modified
>   Registry Services."  Not only are most of those issues irrelevant to the
>   introduction of "Registry Services" as defined in the
> applicable contracts
>   with gTLD Unsponsored Registries, but it also inappropriately suggests
>   that parties other than ICANN and the gTLD Registry Operators might be
>   entitled to prevent the introduction of otherwise lawful new "Registry
>   Services."  As stated above, many of these issues involve contractual
>   interpretation that involve only the parties to those contracts, and not
>   the ICANN community as a whole.  ICANN may not unilaterally, or through
>   the policy development process, promulgate rules or regulations
>   interpreting these agreements without the consent of the registry
>   operators.  Any attempt to do so would be considered a
> violation of those
>   agreements and subject to the dispute resolution process set
> forth in such
>   agreements.
>
>   It is the gTLD Registries Constituency's view that many of the topics
>   identified in the "Issues Report" should not be addressed by the GNSO,
>   Supporting Organizations or Advisory Committees, but by the ICANN
>   staff/board and the gTLD Registry Operators.
>
>   IMPACT OF PDP PROCESS ON GTLD REGISTRIES
>
>   To state the obvious, if there is any one constituency of the GNSO that
>   this PDP process potentially affects, it is the gTLD Registries,
>   specifically the Unsponsored Registries.  Not only does the introduction
>   of "Registry Services" impact the competitive environment in which we
>   operate, the investment which we are able to make in our businesses, but
>   ultimately, it affects the very survival of our businesses.  Without a
>   procedure for prompt technical and security impact review of proposed
>   "Registry Service" with a predictable, streamlined and appropriate
>   market-based approach by which ICANN exercises its rights with
> respect to
>   Registry Services, the future of domain name registries is in jeopardy.
>
>   RESERVATION OF RIGHTS
>
>   As the ICANN has posted only a portion of the Issues Report, the gTLD
>   Registries reserve the right to comment on the complete Issues Reports,
>   when such report is released.  In addition, the comments
> contained herein
>   do not address the substance of the issues raised in the report, but
>   merely provide, as we were asked to do, an impact statement.
>
>
>   Afilias, Ltd.
>   Global Name Registry
>   NeuLevel, Inc.
>   Public Interest Registry
>   RegistryPro, Inc.
>   VeriSign, Inc.
>
>
>   Jeffrey J. Neuman
>   Chair, gTLD Registries Constituency
>   e-mail: Jeff.Neuman at Neustar.us <mailto:Jeff.Neuman at Neustar.us>
>
>
>
>
> --
>
>                         -rwr
>
>
>
>
>
>
>
>
>                  "Don't be too timid and squeamish about your actions.
>                                             All life is an experiment.
>                              The more experiments you make the better."
>                          - Ralph Waldo Emerson
>
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> My Blogware: http://www.byte.org
>