[NCSG-Discuss] Fwd: [liaison6c] Revised New gTLD Registry Agreement Including Additional Public Interest Commitments Specification

[Robin Gross]

Begin forwarded message:

> From: Glen de Saint Géry <Glen at icann.org>
> Date: February 6, 2013 2:17:59 PM PST
> To: liaison6c <liaison6c at gnso.icann.org>
> Subject: [liaison6c] Revised New gTLD Registry Agreement Including  
> Additional Public Interest Commitments Specification
>
>
> Revised New gTLD Registry Agreement Including Additional Public  
> Interest Commitments Specification
>
> Comment/Reply Periods (*)
> Important Information Links
> Comment Open:
> 5 February 2013
> Comment Close:
> 26 February 2013
> Close Time (UTC):
> 23:59
> Public Comment Announcement
> Reply Open:
> 27 February 2013
> To Submit Your Comments (Forum)
> Reply Close:
> 20 March 2013
> View Comments Submitted
> Close Time (UTC):
> 23:59
> Report of Public Comments
> Brief Overview
> Originating Organization:
> ICANN
> Categories/Tags:
> Top-Level Domains
> Purpose (Brief):
> To receive community feedback on the revised New gTLD Registry  
> Agreement that includes certain updates and changes, including a  
> Public Interest Commitments Specification
> Current Status:
> The current draft of the New gTLD Registry Agreement was published  
> in June 2012 as part of the New gTLD Applicant Guidebook: Base  
> Agreement & Specifications [PDF, 917 KB]. The New gTLD Registry  
> Agreement requires various updates and changes, including the  
> addition of the Public Interest Commitments Specification.
> Next Steps:
> ICANN staff will consider public comments on the revised New gTLD  
> Registry Agreement and recommend any additional necessary changes  
> to the Board for approval.
> Staff Contact:
> Daniel Halloran
> Email:
> daniel.halloran at icann.org
> Detailed Information
> Section I: Description, Explanation, and Purpose
> The New gTLD Registry Agreement is the contractual document between  
> successful New gTLD Applicants and ICANN, and will govern the  
> rights and obligations of new gTLD registry operators.
>
> ICANN proposes to revise the New gTLD Registry Agreement in  
> connection with developments since the last posting of the  
> Applicant Guidebook in June 2012 and a general review of the  
> contractual needs of the new gTLD program. Among the proposed  
> changes, ICANN has added the Public Interest Commitments  
> Specification.
>
> The Public Interest Commitments Specification will require  
> operators of new gTLDs to use only registrars that are party to the  
> 2013 Registrar Accreditation Agreement (which is under  
> negotiation). The Public Interest Commitments Specification is also  
> a mechanism to allow registry operators to commit to certain  
> statements made by the registry operator in its application for the  
> gTLD, as well as to specify additional public interest commitments,  
> in either case transforming such commitments into binding  
> contractual obligations that may be enforced by ICANN through a new  
> dispute resolution mechanism that will be available to any party  
> harmed by a registry operator's failure to comply with such public  
> interest commitments.
>
> Concurrent with this public comment period on the proposed  
> revisions to the agreement, ICANN will also ask each applicant to  
> submit a TLD-specific Public Interest Commitments Specification.  
> ICANN will communicate directly with applicants regarding the  
> details of submitting Public Interest Commitments Specification.  
> ICANN expects to request applicants to submit their Public Interest  
> Commitments Specifications by 5 March 2013, and ICANN plans to have  
> them all posted for public review by 6 March 2013.
>
> The proposed revised New gTLD Registry Agreement is now open for  
> public comment.
>
> Section II: Background
> The new generic Top-Level Domain (New gTLD) Program was developed  
> to increase competition and choice by introducing new gTLDs into  
> the Internet's addressing system. The Applicant Guidebook (AGB) was  
> produced to define the program and provide instructions on the  
> application process. Within the AGB, Module 5 contains the draft  
> New gTLD Registry Agreement. This is the document that will be  
> entered into by successful applicants and ICANN before proceeding  
> to the next phase of delegation and will contain the rights and  
> obligations of each New gTLD registry operator. The current version  
> of the New gTLD Registry Agreement, published as part of the AGB in  
> June 2012, requires certain updates and changes before it can be  
> finalized for use by successful applicants.
>
> Each new gTLD application includes business plans and statements of  
> intent regarding applicant plans for operation of the proposed new  
> gTLD registry. For example, some applicants stated in their  
> applications that they intend to implement registration  
> restrictions or heightened rights protection mechanisms above those  
> required in the current draft of the New gTLD Registry Agreement.  
> Outside of community-based applications, there are no mechanisms  
> for requiring these plans and objectives to be incorporated into  
> the New gTLD Registry Agreement. The GAC's Toronto Communiqué  
> provided advice to the Board of Directors of ICANN that "it is  
> necessary for all of these statements of commitment and objectives  
> to be transformed into binding contractual commitments, subject to  
> compliance oversight by ICANN." In response to the GAC, the New  
> gTLD Program Committee of the Board has approved a public comment  
> period on a proposed Public Interest Commitments Specification as a  
> mechanism to transform application statements into binding  
> contractual commitments, as well as to give applicants the  
> opportunity to voluntarily submit to heightened public interest  
> commitments. The Public Interest Commitments Specification has been  
> incorporated into the revised New gTLD Registry Agreement as  
> Specification 11 and is being submitted for public comments along  
> with various other updates and changes to the New gTLD Registry  
> Agreement more specifically described in the Summary of Changes,  
> available below.
>
> Section III: Document and Resource Links
> Revised gTLD Registry Agreement with Public Interest Commitments  
> Specification 2013-02-05 - clean [PDF, 886 KB]
> Revised gTLD Registry Agreement with Public Interest Commitments  
> Specification 2013-02-05 - red-lined [PDF, 787 KB]
> Summary of Changes 2013-02-05 [PDF, 445 KB]
> Draft gTLD Registry Agreement 2012-06-04 version: Base Agreement &  
> Specifications [PDF, 917 KB]
> ICANN Website for New Generic Top-Level Domains Applicant  
> Guidebook:http://newgtlds.icann.org/en/applicants/agb
> Section IV: Additional Information
> None
>
> (*) Comments submitted after the posted Close Date/Time are not  
> guaranteed to be considered in any final summary, analysis,  
> reporting, or decision-making that takes place once this period lapses
>
>
> Glen de Saint Géry
> GNSO Secretariat
> gnso.secretariat at gnso.icann.org
> http://gnso.icann.org
>




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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