[ncdnhc-discuss] Names Council Task Force ORG policy

[Milton Mueller]

This is the draft of the policy that will go out for public comment.
The NC Task Force has been working together reasonably well.
There are some possible tensions around the issue of 
marketing restrictions on registrars, but on the whole everyone
seems to buy into the specific approach here. You comments
welcome.

NAMES COUNCIL .ORG DIVESTITURE TASK FORCE

Statement of Policy (v 3.3, October 2, 2001)

The DNSO finds that responsibility for the policy and 
operation of the .org TLD should be delegated to an 
organization that conforms to the following criteria:

1. The .org TLD Should be a Sponsored, Unrestricted 
Domain

The revised .org TLD should be sponsored but no 
eligibility restrictions should be imposed on the 
prospective registrants.

1a. Sponsored.
Each candidate Sponsoring Organization (SO) should 
include in its application a definition of the 
relevant community for which names in the .org TLD are 
intended, detailing the specific types of registrants 
who constitute the target market for .org, and 
proposing marketing and branding practices oriented 
toward that community. The marketing practices should 
not encourage defensive or duplicative registrations.

The Task Force specifically requests public comment on 
the feasibility and desirability of using the contract 
between the SO and the registrars to ensure that the 
marketing and branding practices specified in the .org 
TLD Charter are upheld.

Regarding the definition of the relevant community, 
the DNSO offers this guidance: the definition should 
include not only traditional noncommercial and non-
profit organizations, but individuals and groups 
seeking an outlet for noncommercial expression and 
information exchange, unincorporated cultural, 
educational and political organizations, and business 
partnerships with non-profits and community groups for 
social initiatives.

1b. Unrestricted Eligibility
With a defined community and appropriate marketing
practices in place, the sponsoring organization and 
the registrars would rely entirely on end-user 
choice to determine who registers in .org.

Specifically: the new entity:
* Must not evict existing registrants who don't 
  conform to its target community. The transition must 
  make it clear at the outset that current registrants 
  will not have their registrations cancelled nor will 
  they be denied the opportunity to renew their names 
  or transfer them to others.
* Must not attempt to impose prior restrictions 
  on people or organizations attempting to make new 
  registrations;
* Should not adopt, or be required by ICANN to adopt, 
  dispute initiation procedures that could result in the 
  cancellation of domain delegations. If it can be 
  implemented in adherence with this principle, the 
  newly introduced CEDRP may be adapted to ensure SO
  and registrar diligence in the maintenance of .org 
  marketing policies. The UDRP would apply as per #4 
  below."

2. Characteristics of the Sponsoring Organization
Administration of the .org TLD should be delegated to a
non-profit Sponsoring Organization (SO) with 
international support and participation from current
.org registrants and non-commercial organizations inside 
and outside of the ICANN process. It should be 
authorized to contract with commercial service 
providers to perform technical and service functions. 
Either new or existing organizations should be eligible 
to apply to become the SO. A new organization need not 
be formally incorporated prior to submitting its 
application.

Applicants for the SO should propose policies and 
practices supportive of non-commercial participants in 
the ICANN process. 

The DNSO requires SO applicants to propose governance 
structures that provide current .org registrants with 
the opportunity to directly participate in the 
selection of officers and/or policy-making council 
members.

3. The Registry Operator
The entity chosen by the Sponsoring Organization
to operate the .org registry must function efficiently 
and reliably and show its commitment to a high quality 
of service for all .org users worldwide, including a 
commitment to making registration, assistance and 
other services available in different time zones and 
different languages.

4. ICANN Policies
TLD administration must adhere to policies defined 
through ICANN processes, such as policies regarding 
registrar accreditation, shared registry access, 
dispute resolution, and access to registration contact 
data. The new entity must not alter the technical 
protocols it uses in ways that would impair the ability 
of accredited registrars to sell names to end users.

5. Follow Up
The DNSO Task Force developing policy for the .org
TLD should review the request for proposals prepared 
by the ICANN staff prior to its public dissemination 
to ensure that it accurately reflects the DNSO policy. 
Task Force approval should be obtained before 
publishing the request for proposals. 

The Task Force specifically asks that the RFP not 
require a non-refundable application fee larger 
than US$ 1,000.