Registrar-registry vertical integration

[Milton L Mueller]

> THE GNSO NEVER MADE ANY POLICY ABOUT THIS. 

Someone brought to my attention that the GNSO policy authorizing the new gTLD process contained this recommendation:

"Recommendation 19: Registries must use only ICANN accredited registrars in registering domain names and may not discriminate among such accredited registrars."

The discussion section of the document said, 

"                        i.      This recommendation is supported by all GNSO Constituencies and Ms Doria.

                        ii.      There is a long history associated with the separation of registry and registrar operations for top-level domains.  The structural separation of VeriSign's registry operations from Network Solutions registrar operations explains much of the ongoing policy to require the use of ICANN accredited registrars.

                      iii.      In order to facilitate the stable and secure operation of the DNS, the Committee agreed that it was prudent to continue the current requirement that registry operators be obliged to use ICANN accredited registrars.

                       iv.      ICANN's Registrar Accreditation Agreement has been in place since 2001[77].  Detailed information about the accreditation of registrars can be found on the ICANN website[78].  The accreditation process is under active discussion but the critical element of requiring the use of ICANN accredited registrars remains constant.

                         v.      In its CIS, the RyC noted that "...the RyC has no problem with this recommendation for larger gTLDs; the requirement to use accredited registrars has worked well for them.  But it has not always worked as well for very small, specialized gTLDs.  The possible impact on the latter is that they can be at the mercy of registrars for whom there is no good business reason to devote resources.  In the New gTLD PDP, it was noted that this requirement would be less of a problem if the impacted registry would become a registrar for its own TLD, with appropriate controls in place.  The RyC agrees with this line of reasoning but current registry agreements forbid registries from doing this.  Dialog with the Registrars Constituency on this topic was initiated and is ongoing, the goal being to mutually agree on terms that could be presented for consideration and might provide a workable solution."

This should be added to the NCUC statement.