<HTML><FONT FACE=arial,helvetica><FONT SIZE=2 FAMILY="SANSSERIF" FACE="Arial" LANG="0">To All:<BR>
I find the Names Council .ORG Divestiture Task Force v. 5.2 to be an extremely well-thought out and solid proposal. Does it answer all the questions, of course not. Does it offer good guidance from the DNSO to the ICANN Board and staff on what priorities and policies to create for the new .ORG Registry -- yes! <BR>
<BR>
In going forward with this debate, I think it would be helpful if people could discuss their support or thoughts regarding this proposal within the context of the groups/individuals/members their organization represents. I am happy to start: <BR>
<BR>
-- ACM has 75,000 computer professional members worldwide. We are also a 501(c)(3) noncommercial organization in our own right. The .ORG plan circulated by Milton as version 5.2 recognizes that the new registrar need not have huge amounts of capital to submit a registrar bid, which means that organizations like ACM can consider applying as registrars. <BR>
-- From the perspective of ACM members, many of whom register domain names for noncommercial purposes, the differentiation of the .ORG by marketing recreates in the cyberspace the differences in the real world that allow some people/organizations to use a word for noncommercial purposes (uno, windows, Indians) and others to use it as a trademark. The proposals will help to protect our members as noncommercial domain name holders, now and in the future.<BR>
<BR>
ACM-IGP supports this proposal, and believes it is an excellent one for the DNSO to present to the Board. <BR>
regards, <BR>
kathy <BR>
<BR>
Kathryn Kleiman<BR>
Director, ACM's Internet Governance Project <BR>
<BR>
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NAMES COUNCIL .ORG DIVESTITURE TASK FORCE<BR>
v 5.2 (January 4, 2002)<BR>
<BR>
The .org registry should be operated for the benefit of the worldwide <BR>
community of organizations, groups, and individuals engaged in <BR>
noncommercial communication via the Internet. Responsibility for .org <BR>
administration should be delegated to a non-profit organization that has <BR>
widespread support from and acts on behalf of that community.<BR>
<BR>
The notions of sponsorship and restriction, as applied elsewhere in the <BR>
gTLD process, do not provide an adequate framework for the .org <BR>
divestiture. Some clear statement of administrative and marketing <BR>
practices will be necessary but this must not result in an exclusive <BR>
boundary being set around the community of eligible registrants. The <BR>
manner in which the normative guidelines are labeled is not a primary <BR>
consideration, but the framework should include all the points below.<BR>
<BR>
1. Characteristics of the Organization<BR>
<BR>
1a. The initial delegation of the .org TLD should be to a non-profit <BR>
organization that is controlled by noncommercial .org registrants. We <BR>
recognize that noncommercial registrants do not have uniform views about <BR>
policy and management, and that no single organization can fully <BR>
encompass the diversity of global civil society. Nevertheless, applicant <BR>
organizations should be able to demonstrate support and participation <BR>
from a significant number of international noncommercial .org registrants. <BR>
The organization's policies and practices should strive to be responsive to <BR>
and supportive of the noncommercial Internet user community, and reflect <BR>
as much of its diversity as possible.<BR>
<BR>
1b. Applicants for operation of the .org registry should be recognized non-<BR>
profit entities (including corporations, associations, partnerships or <BR>
cooperatives as those terms are defined in the legal jurisdiction in which <BR>
the organization is established). Subcontracting of operational functions to <BR>
for-profit providers is permitted.<BR>
<BR>
1c. Applicants should propose governance structures for the .org TLD that <BR>
provide all .org registrants with the opportunity to directly participate in <BR>
the selection of officers and/or policy-making council members. The bylaws <BR>
should provide explicitly for an open, transparent and participatory <BR>
process by which .org operating policies are initiated, reviewed and <BR>
revised in a manner which reflects the interests of .org domain name <BR>
holders and is consistent with the terms of its registry agreement with <BR>
ICANN.<BR>
<BR>
1d. In order to permit the largest number of qualified non-profit <BR>
organizations to compete for award of the .org TLD contract, the Board <BR>
should require no more than the equivalent of USD$200,000 in demonstrated financial resources from applicants.<BR>
<BR>
2. Policy Guidelines for Applicants<BR>
<BR>
2a. Definition of the .org community<BR>
Each applicant organization should include in its application a definition of <BR>
the relevant community for which names in the .org TLD are intended, <BR>
detailing the types of registrants who constitute the target market for <BR>
.org, and proposing marketing and branding practices oriented toward <BR>
that community. <BR>
<BR>
The definition of the relevant community should be much broader than <BR>
simply formal non-profit organizations. It must also include individuals and <BR>
groups seeking an outlet for noncommercial expression and information <BR>
exchange, unincorporated cultural, educational and political organizations, <BR>
and business partnerships with non-profits and community groups for <BR>
social initiatives.<BR>
<BR>
2b. No eligibility requirements<BR>
Dot org will continue to be operated without eligibility requirements. With a <BR>
definition of the served community and appropriate marketing practices in <BR>
place, the organization and the registrars should rely entirely on end-user <BR>
choice to determine who registers in .org.<BR>
<BR>
Specifically, applicants:<BR>
* Must not propose to evict existing registrants who do not conform to its <BR>
target community. Current registrants must not have their registrations <BR>
cancelled nor should they be denied the opportunity to renew their names <BR>
or transfer them to others.<BR>
<BR>
* Must not attempt to impose any new prior restrictions on people or <BR>
organizations attempting to register names, or propose any new dispute <BR>
initiation procedures that could result in the cancellation of domain <BR>
delegations. The UDRP would apply as per section 5 below, however.<BR>
<BR>
2c. Surplus funds<BR>
Applicants should specify how they plan to disburse any surplus funds. <BR>
Use of surplus funds for purposes not directly related to dot org registry <BR>
operation is permitted, provided that the registry operation itself is <BR>
adequately sustained and that the additional purposes bear some <BR>
relationship to Internet administration and policy. For example, applicants <BR>
are encouraged to propose methods of supporting and assisting non-<BR>
commercial participants in the ICANN process. Uses intended only to <BR>
subsidize other activities of the organization or its subsidiaries, activities <BR>
that are not subject to oversight and management by the .org <BR>
governance arrangements, should not be considered.<BR>
<BR>
2d. Registrars<BR>
All ICANN-accredited registrars should be eligible to register names in .org. <BR>
However, applicants are encouraged to propose methods of managing the <BR>
relationship between the registry and registrars that encourage <BR>
differentiation of the domain.<BR>
<BR>
2e. Definition of marketing practices<BR>
Differentiation of the domain is a key policy objective in the transition, and <BR>
new marketing practices are the primary tool for achieving that objective. <BR>
Applicants should propose specific marketing policies and practices <BR>
designed to differentiate the domain, promote and attract registrations <BR>
from the defined community, and minimize defensive and duplicative <BR>
registrations. <BR>
<BR>
3. The Verisign endowment<BR>
<BR>
Applicants should meet all requirements needed to qualify for the $5 million <BR>
endowment from Verisign. Applications should describe how they propose <BR>
to utilize the endowment and the timing of its use.<BR>
<BR>
4. The Registry Operator<BR>
<BR>
Any entity chosen by the TLD delegee to operate the .org registry must <BR>
function efficiently and reliably and show its commitment to a high quality <BR>
of service for all .org users worldwide, including a commitment to making <BR>
registration, assistance and other services available in different time <BR>
zones and different languages. The price of registration proposed by the <BR>
new entity should be as low as feasible consistent with the maintenance of <BR>
good quality service. Protocols used by the new registry should minimize <BR>
transitional expenses for registrars.<BR>
<BR>
5. ICANN Policies<BR>
<BR>
The .org administration must adhere to policies defined through ICANN <BR>
processes, such as policies regarding registrar accreditation, shared <BR>
registry access, the uniform dispute resolution policy, and access to <BR>
registration contact data via WHOIS. <BR>
<BR>
6. Follow up<BR>
<BR>
ICANN should invite applications from qualifying non-profit organizations <BR>
to assume responsibility for operation of the .org registry with a deadline <BR>
no later than 30 June 2002, so that an evaluation, selection and <BR>
agreement process may be completed well in advance of the 31 December <BR>
expiration of the current agreement with Verisign.<BR>
<BR>
ICANN will provide an opportunity for the Names Council to review the <BR>
request for proposals (RFP) prepared by the ICANN staff prior to its public <BR>
dissemination, and will adjust the RFP as needed in consultation with the <BR>
Task Force to ensure compliance with the policy. Application fees should <BR>
be as low as possible consistent with the objective of discouraging <BR>
frivolous applications.<BR>
<BR>
<BR>
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