[registrars] [Ext] RRA Amendment Notification for .DESIGN, .INK, & .WIKI [ ref:_00D616tJk._5004MgDdR8:ref ]

Fri Mar 5 22:38:22 UTC 2021

Hi Ashley,

I wanted to follow up and get confirmation that the changes that were made have been approved by the RrSG. If there are no further concerns and the changes are accepted ICANN org will continue the process.

Warm Regards,

Camia Frank
GDS Service Delivery

From: Andrew Merriam <andrew at toplevel.design>
Date: Thursday, February 25, 2021 at 10:57 AM
To: "aheineman at godaddy.com" <aheineman at godaddy.com>
Cc: Zoe Bonython <secretariat at icannregistrars.org>, "registrars at icann.org" <registrars at icann.org>, Jeanne Gregg <jeanne.gregg at icann.org>, Robert Gomez <robert.gomez at icann.org>, Andee Hill <andee.hill at icann.org>, Andrew Dickson <andrew.dickson at icann.org>, Camia Frank <camia.frank at icann.org>, "rra-review at rrsg.org" <rra-review at rrsg.org>, "excom at rrsg.org" <excom at rrsg.org>
Subject: Re: [registrars] [Ext] RRA Amendment Notification for .DESIGN, .INK, & .WIKI [ ref:_00D616tJk._5004MgDdR8:ref ]

Hi all, Ashley,

It was nice to meet with you and the group today.

I've made edits to all areas under discussion in the attached. I've summarized the changes below. (My Microsoft no longer knows who I am, apparently, and has ascribed the edits to "Microsoft User". While strange, it does mean that they stick out from the prior edits.)

We both noted on the call that we are unsure of the ICANN org process from here but I suspect if you review these changes with your group as needed and then confirm with ICANN that the attached reflects your input and you approve of the changes, then I assume ICANN will work with us at the registry from that point forward to close this out. ICANN team, please do let us know if anything beyond Ashley's pending approval is required.

Thank you,

-A

--Edit Summary--

Most importantly,

  *   7.1

     *   Added suggested language on pricing directly from Ashley's email to 7.1.
Additionally,

  *   4.7

     *   Reverted to "will", thereby striking suggested "may" (in reference to g pricing list, RO will provide etc.)

  *   5.9.6

     *   Struck in its entirety, "for violation of any RO policy"

  *   5.16

     *   Reverted to inclusion of "reasonable" (in reference to policies published re: written complains pertaining to inaccurate Whois data)

  *   6.1

     *   Struck reference to "any other dispute resolution policy" and related details.

All edits from the attached .design draft that arose via collaboration with RrSG are to be reflected on updated .wiki and .ink documents to be submitted to ICANN as we move forward.

On Fri, Feb 19, 2021 at 8:58 AM Andrew Merriam <andrew at toplevel.design> wrote:
That does indeed work for me. I'll look for an invite. Thank you. Have a nice weekend,

-A

On Fri, Feb 19, 2021 at 7:59 AM aheineman at godaddy.com<mailto:aheineman at godaddy.com> <aheineman at godaddy.com<mailto:aheineman at godaddy.com>> wrote:
Thanks Andrew.  Would a zoom meeting next Thursday (2/25) at 16:30 UTC work for you?

From: Andrew Merriam <andrew at toplevel.design>
Sent: Wednesday, February 17, 2021 7:19 PM
To: Ashley Heineman <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>
Cc: Zoe Bonython <secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>>; registrars at icann.org<mailto:registrars at icann.org>; Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>; Robert Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>; Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>; Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>; Camia Frank <camia.frank at icann.org<mailto:camia.frank at icann.org>>; rra-review at rrsg.org<mailto:rra-review at rrsg.org>; excom at rrsg.org<mailto:excom at rrsg.org>
Subject: Re: [registrars] [Ext] RRA Amendment Notification for .DESIGN, .INK, & .WIKI [ ref:_00D616tJk._5004MgDdR8:ref ]

Notice: This email is from an external sender.

Thank you, Ashley, for your time leading the group, and to the wider RrSG for being engaged. It was certainly not our intention to put you and the group to work with what we saw as routine updates!

The proposed, italicized language in your email looks good. I do not see that entered in this "RrSG" marked .docx redline attachment but we can add that in following a call. I assume this language would be inserted in 7.1, where we currently suggest striking the "180 days prior notice".

I am available as soon as Friday for a call and am based in the Pacific time zone. I am also largely available Tue 23 - Fri 26 next week and will allow you to suggest a time that works for you and any subset of your members. I do not feel we need ICANN org nor the full membership on this call and so am hoping we can make something quickly happen with yourself and/or any designated leaders.

To make that call more efficient, and just to provide some insight to everyone, I have created a list of responses to your comments below.

Thanks, again, Ashley! I look forward to wrapping this up.

-A

---

4.7 Price list

  *   "will" v. "must" of current price list

     *   "will" is fine. A price list is created in order to program the premium name anyways, so it does exist. It is a machine-ready .csv file.
     *   I note that the format of the list is not specified here, our intent was only to get away from the expectation that registrars have had about a certain formatted list (e.g., tag all increases and decreases) as well as recognize that we do not like to distribute these en masse as attachments in emails as we view it as a proprietary work product (and prefer to provide at registrar request or to direct registrars to the CentralNic console). Also timing and version control en masse of the lists can be finicky (and I can talk through examples on the call as needed).
     *   As I understand it, the lists themselves always have and will be available for registrar download via the CentralNic console.
5.5 Registrar's Registration Agreement

  *   "and any other terms RO may from time to time promulgate"

     *   I view this as routine language that entered into the agreement by way of the CentralNic master agreement and/or legal review as we prepared the .gay RRA (on which the updates are based). In my reading, this language was likely carved out in the case of some emerging policies we would need to stay ahead of (e.g. new legislation that ICANN org/community does not adequately get in front of and requires us/registries to create our own policies).
     *   Per your note, I am open to understanding how we would notify registrars of any changes. In our 7 years as a registry operator, we have never "promulgated" anything, let alone something that would need to be inserted in the Registration Agreement.
5.9.4 (6) Reserve the right to cancel [etc]

  *   "for violation of any RO policy"

     *   I agree that this does seem broad and am open to a "reasonableness" clause. I think it is not strange or surprising that Registries reserve the rights to intervene with a given name for broad reasons. I suspect this is fairly common, especially as it has roots in the CentralNic master agreement. I also believe that this is hardly ever exercised by any Registry.
 5.16 Written Complaints

  *   strike of word "reasonable".

     *   I am open to leaving this in. I suspect in this case that legal review didn't like how mushy this word is. I personally do not understand the legal definition of "reasonable" and suspect many here could have a field day with that topic.

6.1 Domain Name Dispute Resolution

  *   "And any other dispute resolution policy that RO may establish".

     *   We have nothing envisioned specifically here. We created unique content restrictions and related processes for .gay (which are not carried over here) but I would define that as Acceptable Use and Abuse policies and not a Dispute Resolution Policy and so I do not view this as directly related to any existing system or envisioned system.

On Sat, Feb 13, 2021 at 7:55 AM aheineman at godaddy.com<mailto:aheineman at godaddy.com> <aheineman at godaddy.com<mailto:aheineman at godaddy.com>> wrote:
Dear Andrew,

Thank you very much for your patience as the RrSG discussed the .DESIGN, .INK, & .WIKI RRA amendments.

After lengthy discussions, we would like to withdraw our request to insert a 180 day notification period for all price changes and hopefully clarify our intent.

Understanding that the RA outlines a commitment from the RO to ICANN and therefore sets the baseline minimum requirement for fee notifications, there are situations where that minimum isn’t sufficient.  For standard-fee domains, the commitments made to ICANN in the RA are sufficient, we are asking to have them stated explicitly in the RRA for the avoidance of confusion should the RA change in the future.  Succinctly summarizing sections 2.10(a) and 2.10(b) from the RA, something to the effect of:

With respect to domain name registrations that are NOT designated as Premium Domain Names, RO will provide Registrar with 30 day notice for increases to fees for initial registrations, and 180 day notice for renewal domain name registrations. With respect to Premium Domain Names, notice shall be in accordance with Exhibit B.

In addition, we would like to have a conversation directly with you about a handful of other amendments that were proposed for .DESIGN, .INK, & .WIKI.   We have highlighted the edits in the attached for your reference (applicable to all three RRA amendments), but we feel that a conversation would be much easier to resolve our questions/concerns rather than attempt to address them via email.

Thank you very much and looking forward to arranging a time to discuss.

Ashley Heineman
RrSG Chair
aheineman at godaddy.com<mailto:aheineman at godaddy.com>

From: Andrew Merriam <andrew at toplevel.design<mailto:andrew at toplevel.design>>
Sent: Friday, February 5, 2021 2:52 PM
To: Ashley Heineman <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>
Cc: Zoe Bonython <secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>>; registrars at icann.org<mailto:registrars at icann.org>; Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>; Robert Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>; Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>; Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>; Camia Frank <camia.frank at icann.org<mailto:camia.frank at icann.org>>
Subject: Re: [registrars] [Ext] RRA Amendment Notification for .DESIGN, .INK, & .WIKI [ ref:_00D616tJk._5004MgDdR8:ref ]

Notice: This email is from an external sender.

Hi Ashley,

We esteem you and all of our registrar partners and the collective RrSG highly. I'm happy to accommodate another one week extension from my end and look to ICANN org to confirm anything else needed from us at this time.

This is true that the relevant language is in the .DESIGN, .INK, and .WIKI amendments (which is why initially singling out .ink felt especially arbitrary). This is of course, as mentioned, already implemented in the 2020 .gay agreement.

I would additionally note that on the topic of price changes (could be GA price changes and/or premium price changes), there is not a default that I know of. Aside from the .gay example, I know of other registries that have contracts ranging from 30 - 90 days. Many of us likely saw that just this week, .qpon sent out a 90 day notice of price increase of its standard names. So, continuing to require 180 days on .DESIGN, .INK, and .WIKI per your Jan 28th email does not feel equitable. I hope we can agree on something that respects your needs as well as recognizes the many other counter-examples already in the market.

Thanks! Wishing you well,

-A

On Fri, Feb 5, 2021 at 11:31 AM aheineman at godaddy.com<mailto:aheineman at godaddy.com> <aheineman at godaddy.com<mailto:aheineman at godaddy.com>> wrote:
Dear Andrew.  RrSG membership has been discussing the price change notification issue at length as it applies to the .DESIGN, .INK, and .WIKI amendments.  Through this discussion a number of additional issues have been identified.  May I request another week to get back to you with a consolidated RrSG response?

I admit that this is new territory for me with respect to process.  Any guidance from ICANN staff would be greatly appreciated.

From: Andrew Merriam <andrew at toplevel.design<mailto:andrew at toplevel.design>>
Sent: Thursday, January 28, 2021 3:11 PM
To: Ashley Heineman <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>
Cc: Zoe Bonython <secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>>; registrars at icann.org<mailto:registrars at icann.org>; Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>; Robert Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>; Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>; Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>
Subject: Re: [registrars] [Ext] RRA Amendment Notification for .DESIGN, .INK, & .WIKI [ ref:_00D616tJk._5004MgDdR8:ref ]

Notice: This email is from an external sender.

Yes, please do. I didn't want to respond to the full group as I didn't know if this communication was in bounds of the imagined ICANN process, let alone the fact that it's likely a giant group :)

On Thu, Jan 28, 2021 at 12:08 PM aheineman at godaddy.com<mailto:aheineman at godaddy.com> <aheineman at godaddy.com<mailto:aheineman at godaddy.com>> wrote:
Andrew, may I share your email with the RrSG so that we may respond?  I assure you this was not an arbitrary issue and is in fact a point we have taken issue with for multiple past RRA amendments.  The fact that this was not raised for .gay was an oversight I am pretty sure, but would need to check with membership.
Get Outlook for Android [aka.ms]<https://urldefense.com/v3/__https:/aka.ms/ghei36__;!!PtGJab4!qFW2WP4tn5BnYk1Qt4d2YKZo7RV1QyS48pAQEqcWZNUHqEYvB92r5Z1eWsqy-bWb6ypfSBE$>

________________________________
From: Andrew Merriam <andrew at toplevel.design<mailto:andrew at toplevel.design>>
Sent: Thursday, January 28, 2021 3:02:57 PM
To: Ashley Heineman <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>
Cc: Zoe Bonython <secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>>; registrars at icann.org<mailto:registrars at icann.org> <registrars at icann.org<mailto:registrars at icann.org>>; Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>; Robert Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>; Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>; Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>
Subject: Re: [registrars] [Ext] RRA Amendment Notification for .DESIGN, .INK, & .WIKI [ ref:_00D616tJk._5004MgDdR8:ref ]

Notice: This email is from an external sender.

Hello all,

I have removed the full group and left Ashley, Zoe, and those from ICANN org.

I believe I am cc'd as a courtesy, as the Registry representative, but thought to respond to this point to help with any further consultation.

The point for .ink specifically seems arbitrary. This redline language matches our 2020 .gay RRA which was accepted and signed by GoDaddy and the vast majority of Registrar Stakeholder Group members. The current language leaves in place the requirements as defined by our RA with ICANN [icann.org]<https://urldefense.com/v3/__https:/www.icann.org/sites/default/files/tlds/ink/ink-agmt-pdf-05dec13-en.pdf__;!!PtGJab4!qFW2WP4tn5BnYk1Qt4d2YKZo7RV1QyS48pAQEqcWZNUHqEYvB92r5Z1eWsqy-bWbuKhOlSI$> (2.1), which I believe is a minimum of 30 days.

So, this exact same language has already been accepted for our other TLD. I look forward to remediating any further issues efficiently.

Thanks, have good days,

A

On Thu, Jan 28, 2021 at 7:07 AM aheineman at godaddy.com<mailto:aheineman at godaddy.com> <aheineman at godaddy.com<mailto:aheineman at godaddy.com>> wrote:

With respect to .INK – under section 7, the requirement for 180 day notice for price increases and decreases should be maintained.

Let me know if you have any questions.  Thanks.

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Top Level Design, LLC
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Top Level Design, LLC
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Top Level Design, LLC
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Top Level Design, LLC
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Top Level Design, LLC
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