Motions re Domain Tasting

[Robin Gross]

The GNSO will move toward significantly curtailing domain name  
tasting (see email below).

There will be a 21-day public comment period now, so please post any  
thoughts on the below motion.

We should probably update our constituency statement in light of the  
new motion also.

Robin


Begin forwarded message:

> From: "Mike Rodenbaugh" <mxrodenbaugh at yahoo.com>
> Date: March 2, 2008 6:32:43 PM PST
> To: <gnso-dt-wg at icann.org>, "'Council GNSO'" <council at gnso.icann.org>
> Subject: [council] Motions re Domain Tasting
>
> The Domain Tasting team has devised the following motion, which  
> effectively
> would put the attached substantive motion out for public comments  
> for 21
> days and set a timeline for final vote in our April 17 Council  
> meeting.
>
> Whereas, the GNSO Council has discussed the Issues Report on Domain  
> Tasting
> and the Final Outcomes Report of the ad hoc group on Domain Tasting;
>
> Whereas, the GNSO Council resolved on 31 October 2007 to launch a  
> PDP on
> Domain Tasting and to request Constituency Impact Statements with  
> respect to
> issues set forth in the Issues Report and in the Final Outcomes  
> Report;
>
> Whereas, the GNSO Council authorized on 17 January 2008 the  
> formation of a
> small design team to develop a plan for the deliberations on the  
> Domain
> Tasting PDP (the "Design Team"), the principal volunteers to which  
> had been
> members of the Ad Hoc Group on Domain Tasting and were well- 
> informed of both
> the Final Outcomes Report of the Ad Hoc Group on Domain Tasting and  
> the GNSO
> Initial Report on Domain Tasting (collectively with the Issues  
> Report, the
> "Reports on Domain Tasting");
>
> Whereas, the Design Team has met and agreed on a Draft Motion  
> [attached] to
> be set out for public comment and for Constituency Impact review;
>
> The GNSO Council RESOLVES:
>
> 1.    The Draft Motion shall be posted for 21-day public comment on  
> March 7,
> 2008.  Each Constituency shall have 21 days from March 7, 2008 to  
> update its
> Constituency Impact Statement with respect to this motion, if it so  
> chooses.
> The deadline for amended Statements shall be March 28, 2008.
>
> 2.    ICANN Staff please shall provide a summary of any public  
> comments
> and/or amended Constituency Impact Statements to the Council, via  
> submission
> of a Final Report with respect to this PDP, by April 4, 2008.
>
> 3.    The Design Team shall then meet and confer with respect to  
> the Final
> Report, in order to consider any public comments and/or amended  
> Constituency
> Impact Statements and to consider any suggested amendments to the  
> Draft
> Motion, and shall recommend a Final Motion to be considered by  
> Council for
> vote in its scheduled meeting April 17, 2008.
>
> 4.    It is the intention of the GNSO for the Staff to produce a Board
> Report on this PDP for consideration by the ICANN Board, in the  
> hope that
> the Board may vote on any recommendations of the GNSO with respect  
> to this
> PDP, at the scheduled ICANN meeting in Paris in June, 2008
>
>
  --------------------------------------
Domain Tasting Design Team Motion

Revised - 26 February 2008




Whereas, the GNSO Council has discussed the Issues Report on Domain  
Tasting and the Final Outcomes Report of the ad hoc group on Domain  
Tasting;



Whereas, the GNSO Council resolved on 31 October 2007 to launch a PDP  
on Domain Tasting;



Whereas, the GNSO Council authorized on 17 January 2008 the formation  
of a small design team to develop a plan for the deliberations on the  
Domain Tasting PDP (the “Design Team”), the principal volunteers to  
which had been members of the Ad Hoc Group on Domain Tasting and were  
well-informed of both the Final Outcomes Report of the Ad Hoc Group  
on Domain Tasting and the GNSO Initial Report on Domain Tasting  
(collectively with the Issues Report, the “Reports on Domain Tasting”);



Whereas, the GNSO Council has received the Draft Final Report on  
Domain Tasting;



Whereas, PIR, the .org registry operator, has amended its Registry  
Agreement to charge an Excess Deletion Fee; and both NeuStar,  
the .biz registry operator, and Afilias, the .info registry operator,  
are seeking amendments to their respective Registry Agreements to  
modify the existing AGP;



The GNSO Council recommends to the ICANN Board of Directors that:



1.     The applicability of the Add Grace Period shall be restricted  
for any gTLD which has implemented an AGP (“Applicable gTLD  
Operator”). Specifically, for each Applicable gTLD Operator:



a.     During any given month, an Applicable gTLD Operator may not  
offer any refund for any domain names deleted during the AGP that  
exceed (i) 10% of its net new registrations in that month (defined as  
total new registrations less domains deleted during AGP), or (ii)  
fifty (50) domain names, whichever is greater.



b.     A Registrar may seek an exemption from the application of such  
restriction in a specific month, upon the documented showing of  
extraordinary circumstances.  For any Registrar requesting such an  
exemption, the Registrar must confirm in writing to the Registry  
Operator how, at the time the names were deleted, these extraordinary  
circumstances were not known, reasonably could not have been known,  
and were outside of the Registrar’s control.  Acceptance of any  
exemption will be at the sole reasonable discretion of the Registry  
Operator, however "extraordinary circumstances" which reoccur  
regularly will not be deemed extraordinary.

c.     In addition to all other reporting requirements to ICANN, each  
Applicable gTLD Operator shall identify each Registrar that has  
sought an exemption, along with a brief descriptive identification of  
the type of extraordinary circumstance and the action (if any) that  
was taken by the Applicable gTLD Operator.



2.     The above restriction on use of the Add Grace Period shall be  
considered an “ICANN adopted specification or polic[y] prohibiting or  
restricting warehousing of or speculation in domain names by  
registrars” in accordance with Section 3.7.9 of the Registrar  
Accreditation Agreement.  As such, a Registrar that engages in domain  
tasting, defined as using the AGP to register domain names in order  
to test their profitability, shall be deemed in material breach of  
the Registrar Accreditation Agreement.



3.     Implementation and execution of these recommendations shall be  
monitored by the GNSO.  Specifically;


a.     ICANN Staff shall analyze and report to the GNSO at six month  
intervals for two years after implementation, until such time as the  
GNSO resolves otherwise, with the goal of determining;


i.               How effectively and to what extent the policies have  
been implemented and followed by Registries and Registrars, and


ii.              Whether or not modifications to these policies  
should be considered by the GNSO as a result of the experiences  
gained during the implementation and monitoring stages,


b.      The purpose of these monitoring and reporting requirements  
are to allow the GNSO to determine when, if ever, these  
recommendations and any ensuing policy require additional  
clarification or attention based on the results of the reports  
prepared by ICANN Staff.


>




IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
w: http://www.ipjustice.org     e: robin at ipjustice.org



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