[RRA] RRA Amendment Notification for .link [ ref:_00D616tJk._5004MtpC4w:ref ]

Mon Jan 9 15:06:06 UTC 2023

Vaughn,

The RrSG has no concerns about this additional change.  I think this should
be good to go on our end.

Catherine
*Catherine Merdinger **| *Corporate Counsel *| Identity Digital *Inc. *|*
+1.319.541.9416 *| *she/her

On Thu, Jan 5, 2023 at 12:27 AM Vaughn Liley <vaughn at nova.link> wrote:

> Morning Catherine,
>
> Happy New Year!
>
> I can confirm that the typos identified have been addressed and that the
> EU Standard Contractual Clauses (SCC) have been appended in Annex 2 in the
> final version.
>
> In addition, we have made one minor amendment relating to rights
> protection mechanisms (RPMs) as follows in section 2:13 - highlighted in
> blue below.
>
>
>
> Registrar shall contractually require Registered Name Holders to comply
> with all ICANN consensus policies applicable to Registered Name Holders,
> including but not limited to (i) the Uniform Domain Name Dispute Resolution
> Policy (“UDRP”) or any successor policies; (ii) Uniform Rapid Suspension
> policy, currently published at
> https://newgtlds.icann.org/en/applicants/urs *(iii) any other rights
> protection mechanisms (“RPMs”) that may be mandated from time to time by
> ICANN or Registry Operator,* (iv) the Inter-Registrar Transfer Policy or
> any successor policies; and (iv) such other ICANN consensus policies as
> ICANN publishes on its website and makes applicable to the Registry
> Operator, Registrar, or Registered Names Holders.
>
>
>
> I trust that this meets with your approval and look forward to your
> response.
>
>
> Kind regards,
>
>
>
> Vaughn Liley
> *General Manager | .link*
>
>
> On Sat, 22 Oct 2022 at 01:13, Catherine Merdinger
> <catherine at identity.digital> wrote:
>
>> Thank you for the confirmation, Vaughn.
>>
>> The RrSG has reviewed the updated document and have no concerns, except
>> to confirm that the UK IDTA will be appended in Annex 2 in the final
>> version (currently it just seems to be a reference, but the text is
>> missing).  We also noted a couple of typos in our last email, and found one
>> more in the updated version (“ANNEX 2 International Data Transfers
>> Standard Contractuel Clauses” should be corrected to “ANNEX 2
>> International Data Transfers Standard Contractual Clauses”).
>>
>> If you can confirm these will be fixed and the IDTA text appended, we do
>> not need to see an updated version, but will approve the proposed
>> amendments.
>>
>> Please let me know if you need anything further from the RrSG.
>> Best,
>> Catherine
>> *Catherine Merdinger **| *Corporate Counsel *| Identity Digital *Inc. *|*
>>  +1.319.541.9416 *| *she/her
>>
>>
>>
>> On Wed, Oct 19, 2022 at 12:04 AM Vaughn Liley <vaughn at nova.link> wrote:
>>
>>> Morning Catherine,
>>>
>>> I can confirm that they are the only changes.
>>>
>>> Kind regards,
>>>
>>>
>>>
>>> Vaughn Liley
>>> *General Manager | .link*
>>>
>>>
>>> On Wed, 19 Oct 2022 at 00:49, Catherine Merdinger
>>> <catherine at identity.digital> wrote:
>>>
>>>> Hi Vaughn,
>>>>
>>>> I just want to confirm, the addition of the URS language and the UK
>>>> IDTA are the only changes from the version we recently reviewed?  If there
>>>> are other changes, can you please call them out?
>>>>
>>>> Thanks,
>>>> Catherine
>>>> *Catherine Merdinger **| *Corporate Counsel *| Identity Digital *Inc.
>>>> *|* +1.319.541.9416 *| *she/her
>>>>
>>>>
>>>>
>>>> On Sun, Oct 16, 2022 at 10:40 PM Vaughn Liley <vaughn at nova.link> wrote:
>>>>
>>>>> Morning Catherine,
>>>>>
>>>>> Please find attached the revised redline version of the proposed RRA
>>>>> relating to case number 01152917.
>>>>>
>>>>>
>>>>>
>>>>> I would like to draw your attention to section 2.17 which we believe
>>>>> addresses the Rights Protection Mechanisms (RPMs) that are required per the
>>>>> Specification of the registry agreement (RA).
>>>>>
>>>>>
>>>>>
>>>>> *2.17 Registrar shall include in its Registration Agreements a
>>>>> provision prohibiting Registered Name Holders from distributing malware,
>>>>> abusively operating botnets, phishing, piracy, trademark or copyright
>>>>> infringement, fraudulent or deceptive practices, counterfeiting or
>>>>> otherwise engaging in activity contrary to applicable law and provide
>>>>> consequences for such activities including suspension of the domain name
>>>>> without notice or such other actions as may be deemed appropriate.*
>>>>>
>>>>>
>>>>>
>>>>> In addition, we have addressed the request to incorporate the UK IDTAs
>>>>> (SCCs) in our Data Processing Addendum for registrars to execute as
>>>>> applicable. As an EU based business, it does not make sense for us to
>>>>> include UK specific clauses and instead we propose to include the following
>>>>> clause in the Data Processing Addendum.
>>>>>
>>>>>
>>>>>
>>>>> *5b) A Party may only transfer Shared Personal Data relating to EU
>>>>> individuals to outside of the European Economic Area (“EEA”) (or, if such
>>>>> Shared Personal Data is already outside of the EEA, to any third party also
>>>>> outside the EEA), in compliance with the terms of this Data Processing
>>>>> Addendum and the requirements of Applicable Laws, the latter including any
>>>>> relevant Adequacy Decision of the European Commission or the use of EU
>>>>> ‘Standard Contractual Clauses’. Where Standard Contractual Clauses for data
>>>>> transfers between EU and non-EU countries are required to be executed
>>>>> between the Parties, they may be found and downloaded, to be incorporated
>>>>> herein as part of this Data Processing Addendum upon execution, at *
>>>>> *https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en*
>>>>> <https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en>* or
>>>>> as set out in the attached International Data Transfer Addendum Annex 2 (or
>>>>> such link location as may be updated from time to time).*
>>>>>
>>>>>
>>>>>
>>>>> I trust these updates meet with the approval of the Registrar
>>>>> Stakeholder Group.
>>>>>
>>>>>
>>>>>
>>>>> I look forward to your feedback.
>>>>>
>>>>>
>>>>>
>>>>> Kind regards,
>>>>>
>>>>>
>>>>>
>>>>> Vaughn Liley
>>>>> *General Manager | .link*
>>>>>
>>>>>
>>>>> On Thu, 15 Sept 2022 at 16:06, Catherine Merdinger
>>>>> <catherine at identity.digital> wrote:
>>>>>
>>>>>> Whoops - forgot to include the typographical errors - I blame the jet
>>>>>> lag as I recently arrived in KL.  Find the list below.
>>>>>>
>>>>>>
>>>>>>    - 1.14.    "Registry Agreement" means the agreement between the
>>>>>>    Registry Operator and ICANN controlling the terms and conditions of
>>>>>>    Registry Operator’s license to operate and maintain the TLD…. [add
>>>>>>    “agreement”]
>>>>>>    - 2.1.      System Operation and Access. Throughout the term of
>>>>>>    this Agreement, the Registry Operator’ …. [delete apostrophe]
>>>>>>    - 2.28. … Unless Emergency Circumstances require a shorter notice
>>>>>>    period, the Registry Operator will provide Registrar with at least thirty
>>>>>>    (30) days’ notice prior to the implementation of material changes
>>>>>>    [add “days”]
>>>>>>
>>>>>> *Catherine Merdinger **| *Corporate Counsel *| Identity Digital *Inc.
>>>>>>  *|* +1.319.541.9416 *| *she/her
>>>>>>
>>>>>>
>>>>>>
>>>>>> On Thu, Sep 15, 2022 at 10:04 PM Catherine Merdinger
>>>>>> <catherine at identity.digital> wrote:
>>>>>>
>>>>>>> ICANN,
>>>>>>>
>>>>>>> Overall, the registrars do not have any major concerns about the
>>>>>>> proposed RRA amendments, though we have noted a few typographical errors
>>>>>>> below, which we would ask the Registry Operator to correct in the final
>>>>>>> version.  We would also like to encourage the Registry Operator to
>>>>>>> incorporate the UK IDTAs (SCCs) in their Data Processing Addendum for
>>>>>>> registrars to execute as applicable.  We are making this request of every
>>>>>>> registry operator whose RRA we are reviewing and would be delighted to
>>>>>>> expedite the review of such additional language.
>>>>>>>
>>>>>>> Thank you, as always, for the opportunity to review the proposed
>>>>>>> changes.
>>>>>>> Catherine
>>>>>>> *Catherine Merdinger **| *Corporate Counsel *| Identity Digital *
>>>>>>> Inc. *|* +1.319.541.9416 *| *she/her
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> On Fri, Aug 26, 2022 at 1:12 AM ICANN Global Support Center <
>>>>>>> globalsupport at icann.org> wrote:
>>>>>>>
>>>>>>>> Hello Ashley,
>>>>>>>>
>>>>>>>> Attached, please find the cover letter and the red-lined RRA
>>>>>>>> Amendment for the following TLD(s) submitted by *Nova Registry Ltd*
>>>>>>>> to be shared with your Stakeholder Group:
>>>>>>>>
>>>>>>>>    - *.link*
>>>>>>>>
>>>>>>>> Please respond by 23:59 UTC on *15 September 2022* 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,
>>>>>>>> Maritza Alarcon
>>>>>>>> GDS Service Delivery
>>>>>>>>
>>>>>>>> ref:_00D616tJk._5004MtpC4w:ref
>>>>>>>>
>>>>>>>
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