[RRA] [Ext] RE: RRA Amendment Notification for .BIZ, .CLUB, .COMPARE, .DESIGN, and .SELECT [ ref:_00D616tJk._5004MlgW3j:ref ]
Gemma at registry.godaddy
Gemma at registry.godaddy
Thu Nov 18 22:56:03 UTC 2021
Hi Ashley,
Thank you for your timely reply. Based on our previous experiences with the RRA Amendment Process, we don’t feel there is much to be achieved with a call.
If the RrSG accepts our responses on the first and fourth points, and it is only the second and third points still in contention, we can compromise on those. In the interests of moving forward with the process as expeditiously as possible, we are willing to make the changes suggested by the RrSG to clauses 3.15 and 3.16.1 provided that the RrSG agrees to waive the second 15 day review period. Given that these changes would satisfy the last of the concerns of the RrSG, we believe that the amendments should then be considered approved and a second review period would be unnecessary.
For clarity, the changes we would make to the redlines are as follows:
Clause
Change
Text
3.13
“Registry Operator’s policies” changed to “Registry Operator Published Policies”
3.13. Restrictions on Domain Names. In addition to complying with ICANN standards, policies, procedures, and practices limiting domain names that may be registered, Registrar agrees to comply with Registry Operator’s Published Policies regarding reservation of and restrictions on the registration of domain names and applicable statutes and regulations limiting the domain names that may be registered.
3.15
Delete “and share data”
3.15. Cooperation. Registrar agrees to cooperate with Registry Operator and share data as set forth in this Agreement. In the event of any inquiry or dispute for any reason involving a domain name registered by Registrar in the Registry TLD(s), Registrar shall provide all reasonable assistance to Registry Operator and/or any Court, Arbitrator, law enforcement and governmental and quasi-governmental agencies and/or any other relevant authority considering the issue or dispute.
3.16.1
Remove clause
[CLAUSE DELETED]
Please confirm that the RrSG is willing to proceed on these terms.
Regards,
Gemma Keegan
GoDaddy Registry | Senior Policy and Compliance Officer
[cid:image001.png at 01D7DD2B.A7F8ED80]
gemma at registry.godaddy<mailto:gemma at registry.godaddy>
________________________________
The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately and delete the original message.
From: Ashley Heineman <aheineman at godaddy.com>
Sent: Friday, 19 November 2021 7:19 AM
To: Gemma G. Keegan <Gemma at registry.godaddy>; Camia Frank <camia.frank at icann.org>; Rob Gomez <robert.gomez at icann.org>; ICANN Global Support Center <globalsupport at icann.org>; secretariat at icannregistrars.org; rra at icann.org
Cc: Andrew Dickson <andrew.dickson at icann.org>; Jeanne Gregg <jeanne.gregg at icann.org>; Andee Hill <andee.hill at icann.org>; Crystal L. Peterson <Crystal at registry.godaddy>; Donna Austin <Donna at registry.godaddy>; Jason S. Loyer <Jason at registry.godaddy>; Jeremy Ebbels <Jeremy at registry.godaddy>; Raymond Zylstra <Raymond at registry.godaddy>; Amanda Fessenden <amanda.fessenden at icann.org>
Subject: RE: [Ext] RE: RRA Amendment Notification for .BIZ, .CLUB, .COMPARE, .DESIGN, and .SELECT [ ref:_00D616tJk._5004MlgW3j:ref ]
Dear Gemma,
The RrSG is planning to respond to your comments in writing tomorrow, but, in an effort to keep things moving expeditiously, we’d like to offer to meet with GoDaddy Registry this coming Monday if possible to further discuss points 2 and 3 of your response. Specifically, would you all be available either 8:00 or 19:00 UTC on Monday, 22 November? We recognize next week may be difficult, so an alternative is Thursday, December 2 at 18:00 UTC.
Thanks,
Ashley
Chair, RrSG
From: Gemma G. Keegan <Gemma at registry.godaddy<mailto:Gemma at registry.godaddy>>
Sent: Tuesday, November 9, 2021 6:46 PM
To: Ashley Heineman <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>; Camia Frank <camia.frank at icann.org<mailto:camia.frank at icann.org>>; Rob Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>; ICANN Global Support Center <globalsupport at icann.org<mailto:globalsupport at icann.org>>; secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>; rra at icann.org<mailto:rra at icann.org>
Cc: Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>; Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>; Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>; Crystal L. Peterson <Crystal at registry.godaddy<mailto:Crystal at registry.godaddy>>; Donna Austin <Donna at registry.godaddy<mailto:Donna at registry.godaddy>>; Jason S. Loyer <Jason at registry.godaddy<mailto:Jason at registry.godaddy>>; Jeremy Ebbels <Jeremy at registry.godaddy<mailto:Jeremy at registry.godaddy>>; Raymond Zylstra <Raymond at registry.godaddy<mailto:Raymond at registry.godaddy>>; Amanda Fessenden <amanda.fessenden at icann.org<mailto:amanda.fessenden at icann.org>>
Subject: RE: [Ext] RE: RRA Amendment Notification for .BIZ, .CLUB, .COMPARE, .DESIGN, and .SELECT [ ref:_00D616tJk._5004MlgW3j:ref ]
Thank you for your feedback. While we note that some of the clauses are not within the scope of review in some of the RRAs, in the interests of moving forward with one consolidated RRA we will address the RrSG concerns uniformly.
RrSG Comment
GoDaddy Registry Response
1. § 3.13 Where there may be registration eligibility requirements, registrars would want this to have to be posted or available somewhere for download and have notice of updates of at least 30 days in writing.
Remedy: To solve this, we would like Registry Operator to confirm where registrars can find the policies described in that section. A reference to “which Registry Operator will publish in a designated place” or “which will be effective upon thirty (30) days’ notice by Registry Operator to Registrar” or similar.
We propose changing “Registry Operator’s policies” to “Registry Operator Published Policies” as the term is defined in the Agreement in the way the RrSG is asking.
3.13. Restrictions on Domain Names. In addition to complying with ICANN standards, policies, procedures, and practices limiting domain names that may be registered, Registrar agrees to comply with Registry Operator’s Published Policies regarding reservation of and restrictions on the registration of domain names and applicable statutes and regulations limiting the domain names that may be registered.
1. § 3.15 There is an issue of sharing data that stems from where it would/may be legally ambiguous or perhaps violate law on sharing of data.
Remedy: The text “and share data” being struck could make this workable. Some elements or even whole records could include sensitive data or violate law to do this as-currently written.
The requirement is “share data as set forth in this Agreement.” Nothing in the Agreement sets forth any requirement to share sensitive data or violate the law.
1. § 3.16.1 This locking and handling of names in URS is a Registry not registrar Responsibility - No Change of Registrant could be possible unless the registry were to fail with lock, and the concern we have is being in a position to be responsible.
Remedy: Please include an explanation of what registrars are expected to do for this, as we should not be responsible for something if the registry makes a mistake.
The purpose of this clause reflects the Registrars’ obligation as per the URS Tech Specs, which is to not change that data. There is no intention to hold the Registrar responsible for changes they don’t make, and there is no basis for holding the Registrar responsible for our error, unless they took advantage of such an error to change the registrant information. And in such a case we would simply ask that it be reverted.
1. § 4.1.1 Ambiguity could exist if the RA changes. Remove reference to the RA and instead provide this in writing as updating. Registrars seek that registries always provide the maximum possible period for any timeframe, as the notice on ANY pricing change as this has to be assimilated into reseller / UI / customer communications.
Remedy: We recommend they strike “to the extent and in the manner that such adjustments are permitted by the Registry Agreement.
This is the language that we spent months negotiating with the RrSG for the .biz RRA. This was the language agreed to by the RrSG in December 2019 so we are surprised and disappointed to see that it has become an issue now.
The minimum notice periods are clearly laid out so there is no issue of the Registry Agreement changing, unless it prescribed longer minimum notice periods (which we understand would be acceptable to Registrars). It merely covers any other situation not contemplated or specifically provided for.
Please respond by 19 November so we can continue to move forward with the amendment processes.
Regards,
Gemma Keegan
GoDaddy Registry | Senior Policy and Compliance Officer
[cid:image001.png at 01D7DD2B.A7F8ED80]
gemma at registry.godaddy<mailto:gemma at registry.godaddy>
________________________________
The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately and delete the original message.
From: Ashley Heineman <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>
Sent: Tuesday, 9 November 2021 8:07 AM
To: Camia Frank <camia.frank at icann.org<mailto:camia.frank at icann.org>>; Rob Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>; ICANN Global Support Center <globalsupport at icann.org<mailto:globalsupport at icann.org>>; secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>; rra at icann.org<mailto:rra at icann.org>
Cc: Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>; Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>; Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>; Crystal L. Peterson <Crystal at registry.godaddy<mailto:Crystal at registry.godaddy>>; Donna Austin <Donna at registry.godaddy<mailto:Donna at registry.godaddy>>; Gemma G. Keegan <Gemma at registry.godaddy<mailto:Gemma at registry.godaddy>>; Jason S. Loyer <Jason at registry.godaddy<mailto:Jason at registry.godaddy>>; Jeremy Ebbels <Jeremy at registry.godaddy<mailto:Jeremy at registry.godaddy>>; Raymond Zylstra <Raymond at registry.godaddy<mailto:Raymond at registry.godaddy>>; Amanda Fessenden <amanda.fessenden at icann.org<mailto:amanda.fessenden at icann.org>>
Subject: RE: [Ext] RE: RRA Amendment Notification for .BIZ, .CLUB, .COMPARE, .DESIGN, and .SELECT [ ref:_00D616tJk._5004MlgW3j:ref ]
Dear Camia,
Please see the following regarding the GoDaddy Registry related RRA amendments:
TLD / Label for Group
ICANN Ticket Number
.BIZ
_00D616tJk._5004MlgW3j
.CLUB
_00D616tJk._5004MlgW3j
.COMPARE
_00D616tJk._5004MlgW3j
.DESIGN
_00D616tJk._5004MlgW3j
.SELECT
_00D616tJk._5004MlgW3j
“Registry Services (21 TLDs)”
ABOGADO-LAW - Registry-Registrar Agreement - 1.1
.abogado / .law
MMX - Registry-Registrar Agreement - 1.1
.fashion .fishing .surf .fit .vip .beer .garden .vodka .horse .wedding .boston .work .casa .luxe .miami .yoga .cooking .dds .rodeo
_00D616tJk._5004MlgX9Y
.ADULT
_00D616tJk._5004MlhADp
.XXX
_00D616tJk._5004MlhASQ
.PORN
_00D616tJk._5004MlhAaU
.SEX
_00D616tJk._5004MlhAeb
.BAYERN
_00D616tJk._5004Mlk8Xf
.NRW
_00D616tJk._5004Mlk8Xa
Due to the high volume and compressed amount of time to review all of the GDR RRA Amendments, we took note of their (wise) efforts towards homogeneity and simplification of agreements, and rather than review n number of different agreements, we reviewed sections, and pointed out some of the key aspects that needed to get revisions. Each RRA might already have this wording change or some of these sections might have elements that were not in the amended materials, as the tranche of TLDs came from different RO entities that were consolidating.
Here were the four things caught by the initial review team, with suggested remedies. These are applicable to some or many of the RRA Amendments in review.
1. § 3.13 Where there may be registration eligibility requirements, registrars would want this to have to be posted or available somewhere for download and have notice of updates of at least 30 days in writing.
Remedy: To solve this, we would like Registry Operator to confirm where registrars can find the policies described in that section. A reference to “which Registry Operator will publish in a designated place” or “which will be effective upon thirty (30) days’ notice by Registry Operator to Registrar” or similar.
2. § 3.15 There is an issue of sharing data that stems from where it would/may be legally ambiguous or perhaps violate law on sharing of data.
Remedy: The text “and share data” being struck could make this workable. Some elements or even whole records could include sensitive data or violate law to do this as-currently written.
3. § 3.16.1 This locking and handling of names in URS is a Registry not registrar Responsibility - No Change of Registrant could be possible unless the registry were to fail with lock, and the concern we have is being in a position to be responsible.
Remedy: Please include an explanation of what registrars are expected to do for this, as we should not be responsible for something if the registry makes a mistake.
4. § 4.1.1 Ambiguity could exist if the RA changes. Remove reference to the RA and instead provide this in writing as updating. Registrars seek that registries always provide the maximum possible period for any timeframe, as the notice on ANY pricing change as this has to be assimilated into reseller / UI / customer communications.
Remedy: We recommend they strike “to the extent and in the manner that such adjustments are permitted by the Registry Agreement.”
Please let me know if you have any questions or difficulty with the above. This is a new approach we are trying for batched RRA amendments.
Thanks, and apologies for the delay,
Ashley Heineman
Chair, RrSG
From: Camia Frank <camia.frank at icann.org<mailto:camia.frank at icann.org>>
Sent: Monday, October 25, 2021 4:58 PM
To: Ashley Heineman <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>; Rob Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>; ICANN Global Support Center <globalsupport at icann.org<mailto:globalsupport at icann.org>>; secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>; rra at icann.org<mailto:rra at icann.org>
Cc: Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>; Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>; Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>; Crystal L. Peterson <Crystal at registry.godaddy<mailto:Crystal at registry.godaddy>>; Donna Austin <Donna at registry.godaddy<mailto:Donna at registry.godaddy>>; Gemma G. Keegan <Gemma at registry.godaddy<mailto:Gemma at registry.godaddy>>; Jason S. Loyer <Jason at registry.godaddy<mailto:Jason at registry.godaddy>>; Jeremy Ebbels <Jeremy at registry.godaddy<mailto:Jeremy at registry.godaddy>>; Raymond Zylstra <Raymond at registry.godaddy<mailto:Raymond at registry.godaddy>>; Amanda Fessenden <amanda.fessenden at icann.org<mailto:amanda.fessenden at icann.org>>; Camia Frank <camia.frank at icann.org<mailto:camia.frank at icann.org>>
Subject: Re: [Ext] RE: RRA Amendment Notification for .BIZ, .CLUB, .COMPARE, .DESIGN, and .SELECT [ ref:_00D616tJk._5004MlgW3j:ref ]
Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad at .
Dear Ashley,
Thank you for the follow-up message to inform us that you require additional review time. We approve your request for an extension beyond the original due date.
We look forward to hearing back from you by Monday, 01 November 2021.
Warm Regards,
Camia Frank
GDS Service Delivery
From: "aheineman at godaddy.com<mailto:aheineman at godaddy.com>" <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>
Date: Friday, October 22, 2021 at 1:56 PM
To: Rob Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>, ICANN Global Support Center <globalsupport at icann.org<mailto:globalsupport at icann.org>>, "secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>" <secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>>, "rra at icann.org<mailto:rra at icann.org>" <rra at icann.org<mailto:rra at icann.org>>
Cc: Camia Frank <camia.frank at icann.org<mailto:camia.frank at icann.org>>, Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>, Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>, Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>, "Crystal at registry.godaddy<mailto:Crystal at registry.godaddy>" <Crystal at registry.godaddy<mailto:Crystal at registry.godaddy>>, "Donna at registry.godaddy<mailto:Donna at registry.godaddy>" <Donna at registry.godaddy<mailto:Donna at registry.godaddy>>, "Gemma at registry.godaddy<mailto:Gemma at registry.godaddy>" <Gemma at registry.godaddy<mailto:Gemma at registry.godaddy>>, "Jason at registry.godaddy<mailto:Jason at registry.godaddy>" <Jason at registry.godaddy<mailto:Jason at registry.godaddy>>, "Jeremy at registry.godaddy<mailto:Jeremy at registry.godaddy>" <Jeremy at registry.godaddy<mailto:Jeremy at registry.godaddy>>, "Raymond at registry.godaddy<mailto:Raymond at registry.godaddy>" <Raymond at registry.godaddy<mailto:Raymond at registry.godaddy>>
Subject: RE: [Ext] RE: RRA Amendment Notification for .BIZ, .CLUB, .COMPARE, .DESIGN, and .SELECT [ ref:_00D616tJk._5004MlgW3j:ref ]
Dear all,
My apologies, but the RrSG needs yet additional time to review the GDR related RRA amendments and request an extension until November 1 (after ICANN 72) to respond. To be clear, I am referring to the following RRA amendments:
.BIZ
.CLUB
.COMPARE
.DESIGN
.SELECT
Registry Services (21 TLDs)
Thank you in advance for your patience. I assure you that we are working on these, but the sheer number has proven very difficult for purposes of time needed to review.
Regards,
Ashley Heineman
Chair, RrSG
From: Rob Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>
Sent: Friday, August 27, 2021 3:36 PM
To: Ashley Heineman <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>; ICANN Global Support Center <globalsupport at icann.org<mailto:globalsupport at icann.org>>; secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>; rra at icann.org<mailto:rra at icann.org>
Cc: Camia Frank <camia.frank at icann.org<mailto:camia.frank at icann.org>>; Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>; Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>; Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>; registry-RSLLC-Primary <rsllc-primary at registry.godaddy<mailto:rsllc-primary at registry.godaddy>>
Subject: Re: [Ext] RE: RRA Amendment Notification for .BIZ, .CLUB, .COMPARE, .DESIGN, and .SELECT [ ref:_00D616tJk._5004MlgW3j:ref ]
Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad at .
Dear Ashley,
Thank you for the follow-up message to inform us that you require additional review time. We approve your request for an extension beyond the original due date.
We look forward to hearing back from you by Monday, 25 October 2021.
Kind regards,
Rob Gomez
GDS Service Delivery
From: "aheineman at godaddy.com<mailto:aheineman at godaddy.com>" <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>
Date: Friday, August 27, 2021 at 10:28 AM
To: ICANN Global Support Center <globalsupport at icann.org<mailto:globalsupport at icann.org>>, "secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>" <secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>>, "rra at icann.org<mailto:rra at icann.org>" <rra at icann.org<mailto:rra at icann.org>>
Cc: Camia Frank <camia.frank at icann.org<mailto:camia.frank at icann.org>>, Andrew Dickson <andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>>, Jeanne Gregg <jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>>, Andee Hill <andee.hill at icann.org<mailto:andee.hill at icann.org>>, Rob Gomez <robert.gomez at icann.org<mailto:robert.gomez at icann.org>>, "rsllc-primary at registry.godaddy<mailto:rsllc-primary at registry.godaddy>" <rsllc-primary at registry.godaddy<mailto:rsllc-primary at registry.godaddy>>
Subject: [Ext] RE: RRA Amendment Notification for .BIZ, .CLUB, .COMPARE, .DESIGN, and .SELECT [ ref:_00D616tJk._5004MlgW3j:ref ]
Dear all,
Due the high volume of RRA Amendment Notification Requests and the corresponding amount of time necessary to conduct a proper review, the RrSG requests and extension of an additional 45 days beyond the stated due date.
Thank you in advance.
Ashley Heineman
Chair, RrSG
From: ICANN Global Support Center <globalsupport at icann.org<mailto:globalsupport at icann.org>>
Sent: Thursday, August 19, 2021 2:13 PM
To: secretariat at icannregistrars.org<mailto:secretariat at icannregistrars.org>; rra at icann.org<mailto:rra at icann.org>; Ashley Heineman <aheineman at godaddy.com<mailto:aheineman at godaddy.com>>
Cc: camia.frank at icann.org<mailto:camia.frank at icann.org>; andrew.dickson at icann.org<mailto:andrew.dickson at icann.org>; jeanne.gregg at icann.org<mailto:jeanne.gregg at icann.org>; andee.hill at icann.org<mailto:andee.hill at icann.org>; robert.gomez at icann.org<mailto:robert.gomez at icann.org>; registry-RSLLC-Primary <rsllc-primary at registry.godaddy<mailto:rsllc-primary at registry.godaddy>>
Subject: RRA Amendment Notification for .BIZ, .CLUB, .COMPARE, .DESIGN, and .SELECT [ ref:_00D616tJk._5004MlgW3j:ref ]
Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad at .
Hello Ashley,
Attached, please find the cover letter and the red-lined RRA Amendments for the following TLDs submitted by Registry Services, LLC to be shared with your Stakeholder Group:
* .biz
* .club
* .compare
* .design
* .select
Please respond by 23:59 UTC on Thursday, 09 September 2021 to let us know if your Stakeholder Group has concerns, does not have concerns, or if additional review time is required. If the Stakeholder Group has concerns, ICANN org will continue with the next step of the RRA Amendment Procedure, which is to consult with the RrSG and the Registry Operator to attempt to resolve any such concerns.
Warm Regards,
Camia Frank
GDS Service Delivery
ref:_00D616tJk._5004MlgW3j:ref
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