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

Mon Jan 9 18:20:44 UTC 2023

Hi Catherine,

Wonderful!

Thank you for your feedback.

Kind regards,

Vaughn Liley
*General Manager | .link*

On Mon, 9 Jan 2023 at 16:06, Catherine Merdinger <catherine at identity.digital>
wrote:

> 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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