[RRA] [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

Wed Nov 24 02:07:39 UTC 2021

Hello Ashley,

On 05 August 2021, ICANN org sent the subject RRA Amendment request to the RrSG. Per the RRA Amendment Procedure, ICANN org has since approved the request.

Regards,
Robert Gomez
GDS Service Delivery

--------------- Original Message ---------------
From: aheineman at godaddy.com [aheineman at godaddy.com]
Sent: 11/22/2021 1:36 PM
To: omar.contreras at donuts.email; robert.gomez at icann.org; rra at icann.org; dessa at donuts.email; globalsupport at icann.org; secretariat at icannregistrars.org
Cc: andrew.dickson at icann.org; andee.hill at icann.org; alvaro at donuts.email; jeanne.gregg at icann.org; camia.frank at icann.org
Subject: RE: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

Hello Rob.  The RrSG is good with keeping those sections unchanged that were omitted in the original msg.

From: Rob Gomez <robert.gomez at icann.org>
Sent: Monday, November 22, 2021 1:55 PM
To: Omar Contreras <omar.contreras at donuts.email>; Ashley Heineman <aheineman at godaddy.com>; Dessa Dal Porto <dessa at donuts.email>; ICANN Global Support Center <globalsupport at icann.org>; secretariat at icannregistrars.org; rra at icann.org
Cc: Andee Hill <andee.hill at icann.org>; Andrew Dickson <andrew.dickson at icann.org>; Jeanne Gregg <jeanne.gregg at icann.org>; Camia Frank <camia.frank at icann.org>; Alvaro Alvarez <alvaro at donuts.email>
Subject: Re: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG: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 .

Hi Ashley,

Can you please confirm there’s no further feedback on the following sections?:

Section 3.2 *
Section 3.3
Section 3.5
Section 3.6 *
Section 3.9
Section 6.1.1
Exhibit A *

*Omitted from your original list.

Thank you,

Robert Gomez

GDS Service Delivery

From: Omar Contreras <omar.contreras at donuts.email>
Date: Friday, November 19, 2021 at 2:48 PM
To: "aheineman at godaddy.com" <aheineman at godaddy.com>, Dessa Dal Porto <dessa at donuts.email>, Rob Gomez <robert.gomez at icann.org>, ICANN Global Support Center <globalsupport at icann.org>, "secretariat at icannregistrars.org" <secretariat at icannregistrars.org>, "rra at icann.org" <rra at icann.org>
Cc: Andee Hill <andee.hill at icann.org>, Andrew Dickson <andrew.dickson at icann.org>, Jeanne Gregg <jeanne.gregg at icann.org>, Camia Frank <camia.frank at icann.org>, Alvaro Alvarez <alvaro at donuts.email>
Subject: Re: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

RRA Review Team Members,

Thank you for your continued efforts in reviewing the Donuts RRA.

Attached is the final, clean version of the RRA along with a redline showing the edits made to the version of the agreement that we submitted to the RrSG earlier this year. The edits incorporate the feedback we received from this Team during our virtual meeting in October.  Per your previous email, we consider the attached version approved by the RrSG.

We will coordinate with ICANN on the next steps.

We appreciate your commitment to this important process.

Best regards,

Donuts

Omar Contreras | Corporate Counsel | Donuts Inc. | +1.201.923.9471 | he/him

From: aheineman at godaddy.com <aheineman at godaddy.com>
Date: Friday, November 19, 2021 at 1:34 PM
To: Omar Contreras <omar.contreras at donuts.email>, Dessa Dal Porto <dessa at donuts.email>, Rob Gomez <robert.gomez at icann.org>, ICANN Global Support Center <globalsupport at icann.org>, secretariat at icannregistrars.org <secretariat at icannregistrars.org>, rra at icann.org <rra at icann.org>
Cc: Andee Hill <andee.hill at icann.org>, Andrew Dickson <andrew.dickson at icann.org>, Jeanne Gregg <jeanne.gregg at icann.org>, Camia Frank <camia.frank at icann.org>, Alvaro Alvarez <alvaro at donuts.email>
Subject: RE: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

Dear all,

The RrSG agrees with the registry’s proposed changes in these sections of the amended RRA.

Section 3.3
Section 3.5
Section 3.9
Section 6.1.1

Once completed, we have no further comments on these amendments.

Thank you all very much,

Ashley Heineman

Chair, RrSG

From: Omar Contreras <omar.contreras at donuts.email>
Sent: Friday, October 22, 2021 8:07 PM
To: Ashley Heineman <aheineman at godaddy.com>; Dessa Dal Porto <dessa at donuts.email>; Rob Gomez <robert.gomez at icann.org>; ICANN Global Support Center <globalsupport at icann.org>; secretariat at icannregistrars.org; rra at icann.org
Cc: Andee Hill <andee.hill at icann.org>; Andrew Dickson <andrew.dickson at icann.org>; Jeanne Gregg <jeanne.gregg at icann.org>; Camia Frank <camia.frank at icann.org>; Alvaro Alvarez <alvaro at donuts.email>
Subject: Re: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

You don't often get email from omar.contreras at donuts.email.  Learn why this is important [aka.ms]

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 and the entire RrSG RRA Review Team,

Thank you for taking the time to meet with us earlier this week.  We recognize this is a very busy time and appreciate everyone making the time to discuss with us the stakeholder group’s concerns with the proposed Donuts RRA amendments.  Our discussion gave us a much better understanding as to the RrSG’s concerns and we hope the explanations and modifications we detail below will provide clarity and help address the group’s concerns.

Section 3.5.2 - Notice to Changes

Summary: An overarching concern expressed during our meeting centered around the perception that Donuts may amend documents related to the RRA like the Terms and Conditions, our Privacy Policy, and our Acceptable Use Policy without providing prior notice to Donuts’ registrar partners.
Response: As we discussed, Section 3.5.2 of the Donuts RRA states that “[a]dditional or material revisions to Donuts operational standards, policies, procedures, and practices for the Donuts TLDs shall be effective upon thirty (30) days’ prior written notice, provided that Donuts shall take commercially reasonable efforts to provide sixty (60) days’ prior notice of such additions or revisions.”  It seemed the group was comfortable with this existing written notice requirement.

Section 3.2 – Registrar Responsibility for Abuse Mitigation

Summary: Due to time constraints, it was unclear from our conversation and your first email exactly what language in Section 3.2 causes concern.
Response:  We would appreciate more clarity as to the exact language at issue in this section before we propose a change aimed at resolving your concerns.

Section 3.3 – Enforcement

Summary: We understand your concerns about the addition we proposed to Section 3.3 requiring registrars to “enter into and reasonably enforce” their registration agreements.  The previous version of the RRA simply required a registrar to “have in effect” a registration agreement.
Response: As discussed in our meeting, we are willing to revert to the prior “have in effect” language.

Section 3.5 – Security and Stability

Summary: The RrSG expressed discomfort with our addition to Section 3.5 which allows Donuts to permanently exclude a registrar from access to the registry system “at Donuts’ discretion to ensure the ongoing operation of a secure, stable, and resilient registry system.”  We understand the review team’s concern arose from ambiguity as to what we mean by “secure, stable and resilient.”
Response: As discussed, this addition intends to ensure that our registrar partners can count on a secure, stable, and resilient Donuts registry system.  We are willing to remove the reference to “secure, stable, and resilient.”  However, we believe registrars benefit from knowing that if one registrar threatens the stability of the registry system, Donuts can take reasonable action to restrict that registrar’s access before those detrimental actions disrupt the transactions of compliant registrars.

Section 3.6 – Privacy Policy and Data Processing

Summary: During the meeting, the review team expressed concerns about our insertion into Section 3.6 of an obligation that registrars require their registrants acknowledge and consent to Donuts’ processing of the registrant’s personal data “as per the terms of the Donuts Privacy Policy.”
Response: As we explained in the meeting, that section has always explicitly limited this obligation “to the extent permitted under applicable law.”  Accordingly, we are not proposing any additional changes to this section as drafted in the redlined version sent to the RrSG for review.

Section 3.9 – Excessive Domain Creates

Summary: We also heard concern about the insertion to Section 3.9 to state that “In the event of significant degradation of the Registry System due to, but not limited to, excessive failed domain create requests from Registrar, or other emergency situations, Donuts may, in its sole discretion, temporarily suspend, reduce, or restrict Registrar’s access to the Registry System.” (underlines showing insertions)
Response: As we described above in reference to Section 3.5, this insertion was made to give our registrar partners confidence in our stable and secure registry system.  However, we understand your concerns and are willing to strike the additions in Section 3.9.

Section 6.1.1 – Indemnification

Summary: The review team also expressed apprehension about the addition to Section 6.1.1 of a requirement that registrars now indemnify Donuts for any “actual or threatened” claim, suit, action, etc.
Response: We acknowledge and respect this concern and offer to strike the inserted language “actual or threatened.”

Exhibit A – Terms and Conditions

Summary: Finally, much of our conversation related to specific provisions of the Terms and Conditions, and in the RrSG’s original message, we read a desire to require changes to those Terms and Conditions be subject to the full RRA amendment process.
Response: We do not believe it is appropriate that Donuts be required to undergo the entire RRA amendment process to update the Terms and Conditions. While historically registrars have not raised objections to this common registry practice, we value the feedback we received from the RrSG and will consider and address the concerns raised about the Terms and Conditions after this RRA amendment process concludes.

We hope the above responses are generally acceptable to the RrSG and helpful as you consider approval of the Donuts RRA amendment.  We have proposed a few changes to the previously submitted RRA in this email, and before preparing a revised version of the RRA for your review, it would be helpful to hear from the RrSG as to whether the changes proposed sufficiently address your concerns.

If helpful, we would be happy to schedule a second meeting to discuss these proposals after ICANN72.

Thank you again for your time and consideration. And we hope you have any enjoyable and restful weekend.

OC

Omar Contreras | Corporate Counsel | Donuts Inc. | +1.201.923.9471 | he/him

From: Omar Contreras <omar.contreras at donuts.email>
Date: Wednesday, October 20, 2021 at 10:19 AM
To: aheineman at godaddy.com <aheineman at godaddy.com>, Dessa Dal Porto <dessa at donuts.email>, Rob Gomez <robert.gomez at icann.org>, ICANN Global Support Center <globalsupport at icann.org>, secretariat at icannregistrars.org <secretariat at icannregistrars.org>, rra at icann.org <rra at icann.org>
Cc: Andee Hill <andee.hill at icann.org>, Andrew Dickson <andrew.dickson at icann.org>, Jeanne Gregg <jeanne.gregg at icann.org>, Camia Frank <camia.frank at icann.org>, Alvaro Alvarez <alvaro at donuts.email>
Subject: Re: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

Yes, Alvaro Alvarez, our General Counsel, will also be attending. Alvaro is copied on this email.

Thank you and we look forward to speaking with you and your team tomorrow, Ashley.

Best regards,

OC

Omar Contreras | Corporate Counsel | Donuts Inc. | +1.201.923.9471 | he/him

From: aheineman at godaddy.com <aheineman at godaddy.com>
Date: Tuesday, October 19, 2021 at 5:39 PM
To: Omar Contreras <omar.contreras at donuts.email>, Dessa Dal Porto <dessa at donuts.email>, Rob Gomez <robert.gomez at icann.org>, ICANN Global Support Center <globalsupport at icann.org>, secretariat at icannregistrars.org <secretariat at icannregistrars.org>, rra at icann.org <rra at icann.org>, Alvaro Alvarez <alvaro at donuts.email>
Cc: Andee Hill <andee.hill at icann.org>, Andrew Dickson <andrew.dickson at icann.org>, Jeanne Gregg <jeanne.gregg at icann.org>, Camia Frank <camia.frank at icann.org>
Subject: RE: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

Hello Omar, that is a great proposal.  Zoe can send you the zoom details. Are there others besides yourself who need to attend?

From: Omar Contreras <omar.contreras at donuts.email>
Sent: Monday, October 18, 2021 6:32 PM
To: Dessa Dal Porto <dessa at donuts.email>; Ashley Heineman <aheineman at godaddy.com>; Rob Gomez <robert.gomez at icann.org>; ICANN Global Support Center <globalsupport at icann.org>; secretariat at icannregistrars.org; rra at icann.org; Alvaro Alvarez <alvaro at donuts.email>
Cc: Andee Hill <andee.hill at icann.org>; Andrew Dickson <andrew.dickson at icann.org>; Jeanne Gregg <jeanne.gregg at icann.org>; Camia Frank <camia.frank at icann.org>
Subject: Re: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

You don't often get email from omar.contreras at donuts.email.  Learn why this is important [aka.ms]

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 .

Thank you, Dessa, for connecting us.

Hello everyone,

As Dessa mentioned, we are grateful for the time and attention you’ve dedicated to reviewing our edits to the RRAs.

To advance the process and gain a better understanding of the comments provided, we would like to schedule a meeting with the RRA Review Team prior to ICANN 72. Because I understand the review team may already have some time set aside on Thursdays, we propose a meeting this Thursday, October 21, to discuss each of the points raised. The attendees representing Donuts at the meeting will be Alvaro Alvarez, who serves as our General Counsel, and myself.  If any others are expected to attend from our side, we will let you know beforehand.

Let us know if your group can be available this upcoming Thursday. We look forward to addressing the important concerns raised by our registrar partners in connection with our edits to the RRAs.

Thank you.

Best regards,

OC

Omar Contreras | Corporate Counsel | Donuts Inc. | +1.201.923.9471 | he/him

From: Dessa Dal Porto <dessa at donuts.email>
Date: Friday, October 15, 2021 at 6:07 PM
To: aheineman at godaddy.com <aheineman at godaddy.com>, Rob Gomez <robert.gomez at icann.org>, ICANN Global Support Center <globalsupport at icann.org>, secretariat at icannregistrars.org <secretariat at icannregistrars.org>, rra at icann.org <rra at icann.org>, Omar Contreras <omar.contreras at donuts.email>, Alvaro Alvarez <alvaro at donuts.email>
Cc: Andee Hill <andee.hill at icann.org>, Andrew Dickson <andrew.dickson at icann.org>, Jeanne Gregg <jeanne.gregg at icann.org>, Camia Frank <camia.frank at icann.org>
Subject: Re: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

Ashley and team,

Thank you for your message and your thorough review of the documents.  We appreciate the questions.  In order to expedite our responses, I would like to introduce Omar Contreras, my colleague who will be the best point person for RRA matters.  Please feel free to continue to copy me on the matter but know that he will responsible to respond on behalf of Donuts as he is the RRA expert on the team.

We are currently reviewing the questions in detail and will respond in due course.

Thanks,

Dessa

Dessa Dal Porto | Donuts Inc. | +1.425.298.1643|she/her

10500 NE 8th Street, Suite 750 | Bellevue, WA 98004 | [nam10.safelinks.protection.outlook.com]  [nam10.safelinks.protection.outlook.com]  [nam10.safelinks.protection.outlook.com]

From: "aheineman at godaddy.com" <aheineman at godaddy.com>
Date: Tuesday, October 12, 2021 at 3:33 PM
To: Rob Gomez <robert.gomez at icann.org>, ICANN Global Support Center <globalsupport at icann.org>, "secretariat at icannregistrars.org" <secretariat at icannregistrars.org>, "rra at icann.org" <rra at icann.org>
Cc: Andee Hill <andee.hill at icann.org>, Andrew Dickson <andrew.dickson at icann.org>, Jeanne Gregg <jeanne.gregg at icann.org>, Camia Frank <camia.frank at icann.org>, "dessa at donuts.email" <dessa at donuts.email>
Subject: RE: [Ext] RE: Amendment Notification for Afilias Limited [ ref:_00D616tJk._5004MjmOWG:ref ]

Ashley

Kind regards,

Robert Gomez
GDS Service Delivery
Internet Corporation for Assigned Names and Numbers (ICANN)
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