notes on DAG v3 (guidebook for new gTLD applicants)

[Konstantinos Komaitis]

Please consider in this that there are communities (organized) but not
recognized. What will happen with this? I refer to the Turkish part of
Cyprus that can be considered as a community but not as a recognized state.
If they apply and fail under the state provision will they be able to apply
as a community?

KK


On 27/10/2009 03:11, "Carlos A. Afonso" <ca at CAFONSO.CA> wrote:

> These are my scant notes on what I see are serious issues in the current
>   Draft Application Guidebook version, besides the trademark ones. I
> just talked about these in our meeting here in Seoul.
>
> According to the DAG, failing to comply with deadlines has no
> consequences for Icann, only for the applicant. UDRP in the delegation
> process will be outsourced only, at additional cost. Not only $$$, but
> window of opportunity and other costs should be taken into account in
> accruing responsibilities for delays.
>
> String contention: what exactly is "community priority (comparative)
> evaluation"? What are the precise criteria for deciding on auction of
> this evaluation to resolve string contention?
>
> Regarding the TLD Application System (TAS), the DAG v.3 says "ICANN will
> take commercially reasonable steps to protect all applicant data
> submitted from unauthorized access, but cannot warrant against the
> malicious acts of third parties who may, through system corruption or
> other means, gain unauthorized access to such data." E.g, what would be
> the refund policy (besides other penalties) if data violation occurs and
> Icann is found responsible? The way this is formulated in DAG v.3, Icann
> takes very little (if any) responsbility for eventual misuse of
> applicants' data.
>
> What is precisely a "clearly delineated community"?
>
> Pre-delegation technical tests: the DAG v.3 says "Following execution of
> a registry agreement, the prospective registry operator must complete
> technical setup and show satisfactory performance on a set of technical
> tests before delegation of the gTLD into the root zone may be
> initiated." What are these tests? Icann relegates dispute resolution to
> third parties (UDR service providers). Are these technical tests also
> delegated? What are the qualifications/certifications for the group in
> charge of these tests and concluding reports?
>
> Etc etc etc...
>
> --c.a.

--
Dr. Konstantinos Komaitis,
Lecturer in Law,
GigaNet Membership Chair,
University of Strathclyde,
The Lord Hope Building,
141 St. James Road,
Glasgow, G4 0LT,
UK
tel: +44 (0)141 548 4306
email: k.komaitis at strath.ac.uk