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RE: [council] Draft minutes from NC telecon, 16 Aug 2001, by Maca Jamin
I have two edits
On agenda item 6 &7
"C. Chicoine pointed out that ICANN's second advisory stated "ICANN's Domain
Name Supporting Organization has already been advised of the situation and
has begun to discuss possible measures for handling expiring names" and
queried Louis since she unaware of any such formal measures."
On agenda item 9
UDRP TF formation update
change "and will resolve by email on where there is more than one candidate"
to "and once she receives all bios, Milton and her will review and make
final selections, hopefully early next week."
Please check with Milton, but I do not remember Milton saying that
preliminary results would be ready by Montevideo. Rather, I propose the
last sentence simply state that Milton informed that they are running about
two weeks behind schedule if Milton agrees with this change.
-----Original Message-----
From: Elisabeth Porteneuve [mailto:Elisabeth.Porteneuve@cetp.ipsl.fr]
Sent: Friday, August 17, 2001 1:56 PM
To: council@dnso.org
Subject: [council] Draft minutes from NC telecon, 16 Aug 2001, by Maca
Jamin
These are minutes from yesterday call, drafted by Maca Jamin,
reviewed by Philip Sheppard, for the first round of comments.
Both formats: text and Word.
Elisabeth
--
ICANN/DNSO
DNSO Names Council Teleconference 16th August 2001 Minutes
Scribe version amended v.1.(17th August 2001)
Proposed agenda and related documents:
http://www.dnso.org/dnso/notes/20010816telecon-agenda.html
List of attendees:
Peter de Blanc ccTLD
Elisabeth Porteneuve ccTLD
Oscar Robles Garay ccTLD (left at 16:17, proxy to
E.Porteneuve then P. de Blanc).
Philip Sheppard Business
Marilyn Cade Business
Grant Forsyth Business
Greg Ruth ISPCP
Antonio Harris ISPCP
Tony Holmes ISPCP (absent apologies, proxy to
T. Harris)
Erica Roberts Registrars
Ken Stubbs Registrars
Paul Kane Registrars
Roger Cochetti gTLD
Richard Tindal gTLD
Cary Karp gTLD
Caroline Chicoine IP
Axel Aus der Muhlen IP
Guillermo Carey IP (left the meeting earlier,
proxy to C. Chicoine)
Milton Mueller NCDNH (left the meeting and
returned at 15:42)
Youn Jung Park NCDNH (joined the meeting later)
Vany Martinez NCDNH
Louis Touton ICANN staff
Maca Jamin Scribe
Quorum present at 15:05 (all times reported are CET, which is UTC +2:00
during the Summer in the Northern hemisphere)
Agenda item 0: NC Chair position
P. Kane took over chairmanship for this item.
Ph. Sheppard's first term as the NC Chair was from February to July 2001 and
NC had to consider this position again according to:
http://www.dnso.org/clubpublic/council/Arc04/msg00664.html
P. Kane moved the following motion, seconded by E. Porteneuve to re-elect
Ph. Sheppard:
Decision D1: "The NC resolves to re-elect Philip Sheppard as Chairman for a
further
term of six months starting from this meeting."
This motion was unanimously passed.
Ph. Sheppard chaired the rest of the teleconference.
Agenda item 1: Approval of the Agenda
Ph. Sheppard suggested adding the following items under AOB
ICANN Group on Evaluation Process of new TLDs
Recompense for B. Fausset's recording services
Including these changes the agenda was unanimously approved.
Agenda item 2: Approval of summary of 29 June 2001 meeting
http://2ww.dnso.org/dnso/notes/20010629.NCtelecon-minutes.html
P. Kane moved a motion to approve the summary of 29th June, seconded by K
Stubbs:
Decision D2: The Minutes of June 29th 2001 were approved by 20 votes in
favour, no votes against and one abstention (A.. Aus der Muhlen)
Agenda item 3: DNSO Election Timetable
Ph Sheppard opened a discussion by summarising different stages of this
election process:
- there are five candidates currently running for the ICANN Board
election. Four of them have got the necessary ten endorsements,
- endorsement period will end August 28th 2001,
- remaining question is deciding on a date of the election, taking
into account two important aspects:
o according to the Bylaws ICANN has to be notified of the result on
September 16th 2001
o the NC is having its next physical meeting in Montevideo in early
September
Ph. Sheppard proposed holding this election between August 29th and
September 1st.
E. Porteneuve stated the ccTLD constituency's willingness to take the
opportunity at the Montevideo meeting to meet with the candidates and
therefore expressed her opposition to hold election before Montevideo.
P de Blanc was supportive of E. Porteneuve's suggestion and added that
candidate running for such a position should be able to make this effort and
attend the Montevideo meeting.
M. Mueller left the meeting and gave his proxy to Ph.
Sheppard stating that in case of a vote he was in favour of holding the
election before the Montevideo meeting
M. Cade pointed out several aspects of the problem:
- Due to the robust schedule in Montevideo and important discussion
topics on the agenda, it is important each NC representative had enough time
to participate actively;
- All representatives would like to consult with their constituency
between the rounds, a rather time consuming task easier to perform from the
office,
- The election should be fair. Enabling candidates to express their
views through electronic means of communication gives them all equal chance
to talk to all parties, participate in teleconferences. Not all of them will
be able to make the Montevideo meeting,
- having had the election before Montevideo would give an
opportunity to the elected candidate to participate actively in issues with
the DNSO at Montevideo.
- E. Roberts stressed the practical difficulties related to travel
arrangements. She opposed the idea of having the election in Montevideo.
- K. Stubbs also expressed his concern about the timeline and
insisted that this situation could have been avoided, if we had made a more
careful planning beforehand.
Ph. Sheppard put forward the motion, seconded by E. Roberts
Decision D3: The NC will hold election of the ICANN Board
director prior to
the Montevideo meeting between 28th August and September 1st
2001.
First round of vote gave the following results:
Ten votes in favour (M. Cade, G. Forsyth, K Stubbs, M. Mueller, E. Roberts,
T. Harris, T. Holmes by proxy to T Harris, G. Ruth, V. Martinez, Ph.
Sheppard) ;
Nine votes against (C. Chicoine, A. aus der Muhlen, G. Carey, by proxy to C.
Chicoine, Y.J. Park, P. de Blanc, E. Porteneuve, R. Cochetti, R. Tindall, C.
Karp)
One abstention (O. Robles).
The vote failed.
At 15:48 Y.J. Park had joined the meeting, (she had been untill then a
listen only participant) and took part in the vote.
Due to the closeness of the result P. de Blanc requested to call the
question and take a motion again.
Ph. Sheppard asked that two opinions be expressed : one in favour and one
against.
P. de Blanc and M. Cade re-iterated their statements.
Second round result
Ph. Sheppard proceeded to the second round of the vote on the motion.
Decision D4: The NC will hold election of the ICANN Board
director prior to
the Montevideo meeting between 28th August and September 1st
2001
and the following result was obtained:
Nine votes in favour (M. Cade, G. Forsyth, K Stubbs, E. Roberts, T. Harris,
T. Holmes by proxy to T Harris, G. Ruth, C. Chicoine, Ph. Sheppard)
Eight votes against (Y.J Park, V. Martinez, P. de Blanc, E. Porteneuve, O.
Robles , R. Cochetti, R. Tindall, C. Karp)
Three abstentions (A. aus der Muhlen, G.Carey, by proxy to C Chicoine, M.
Mueller)
This motion failed.
L. Touton confirmed the imperative of providing final results to ICANN not
later than September 16th 2001, as requested by the Bylaws:
Section 9. SELECTION AND TERM
(b) Prior to October 1 of each year beginning in the year 2000, each
Supporting Organization entitled to select a Director (other than an
Original Director selected by the Supporting Organization under Section 2 of
this Article) shall (i) make its selection according to the procedures
specified by Article VI (including Articles VI-A, VI-B, and VI-C), and (ii)
give the Board and the Secretary of the Corporation at least fifteen days
written notice of that selection. The term of such a Director shall commence
on the October 1 after the Secretary's receipt of such written notice.
Any infringement to this would imply changes of the Bylaws and so
substantial delay.
The NC further discussed various possibilities and dates and it was commonly
agreed to take the opportunity of most NC members being in Montevideo and
start the election there.
P. de Blanc moved the motion
Decision D5: the Names Council will hold election of ICANN Board Director
according to the following calendar:
September 8th first round
September 10th second round
September 13th third round
September 14th fourth round, if necessary
September 15th NC teleconference will be organised to
affirm the result to be communicated to ICANN by September 16th midnight Los
Angeles time.
This motion was passed with 19 votes in favour, no votes against and one
abstention (M. Mueller)
Agenda item 4: Report from Budget/Search committees on secretariat services
provision
4.1 Search Committee report
E. Roberts summarised the Search Committee report (annex 1) and the process
of selecting candidates (eight proposals were received) for provision of
secretariat services to DNSO according to transparent evaluation criteria.
On its meeting on August 2nd Search committee:
Noted the report of the Interview Panel that:
All three short listed applicants could be expected to do a good job;
Lodger Inc is recommended for appointment subject to their agreement to
contract terms.
Noted that the Lodger Inc proposal involved the provision of Part A and B
services. Part A (Information and Technical Services Manager)to be provided
by Ms Glen Van Oudenhove de Saint Géry and Part B (ISP/web hosting, etc)
to be provided by AFNIC
· Noted that after the closure of the RFP four expressions of
interest had been received from members of the registrars constituency to
provide Part B services (ISP/hosting services) on a sponsorship basis (at a
potential saving to the DNSO of $20-30,000 pa);
· Agreed that expressions of interest for the supply of ISP/Hosting
services on a sponsored basis should be followed up and that, if
appropriate, the ISP/hosting services should be transitioned to a new
supplier at the conclusion of the proposed 12 month contract with Lodger
Inc.
Endorsed the recommendation of the Interview Committee that Lodger Inc be
appointed to provide Part A and Part B services subject to their agreement
to contract terms;
Agreed: that Chuck will prepare initial draft of key terms to be
incorporated into proposed contract by ICANN.
Y.J Park asked about the possibility of communicating the evaluation table.
E. Roberts restated that the whole evaluation process was led according to
widely distributed evaluation criteria.
As far as the contract is concerned, detail is yet to be determined . M.
Cade clarified that this contract will bring the usual guarantees on quality
of services, business performance and means for appeal if not provided.
Ph. Sheppard proposed the following decision
Decision D6: Accept recommendations stated in a Search Committee report as
to the recommended service suppliers and proceed with further work to
prepare a contract with the chosen candidate. (The NC will approve the terms
of the contract subsequently).
This motion passed with 19 votes in favour, one vote against (V. Martinez
against the recommendations) and one abstention (E. Porteneuve).
Ph. Sheppard thanked E. Roberts for a valuable work she has done.
4.2 Budget Committee Report
R. Cochetti reminded that the full report was sent to the members of the NC
prior to this meeting (see annex 2 ) and drew attention to the need for
approval of changes in cost lines within the DNSO Budget.
The original 2001 DNSO Budget is
Administrative $12,000
Telecommunications $18,100
Travel
$25,500
Web/Listserv Maintenance $30,000
Language Translations $10,000
Professional Services $12,000
Contingency $35,000
The proposed DNSO 2001 Budget is:
Admin (e.g. scribe services) $12,000
Telecom $18,100
Travel $10,000
Technical Services $70,000
Language Translations $5,000
Professional Services (e.g. audit, legal, etc.) $5,000
Contingency $22,500
There was no further request for funds required. In addition to date $8,000
had been raised by the fund-rising process, which will be matched, by
another $8,000 by VeriSign.
P. de Blanc moved the following motion seconded by K. Stubbs:
Decision D7: The NC adopts the Budget Committee Report and proposes revision
of the spending allocation accordingly to the Committee's recommendations.
This Motion passed with 19 votes in favour, no votes against and two
abstentions (M. Mueller, Y.J Park).
Agenda item 6 & 7 : Reported problems in TLD transfers & Reported problems
in lapsed TLDs renewals
Ph. Sheppard invited K. Stubbs to inform the Council on the subject and
actions required.
K. Stubbs mentioned a letter sent by Registrar Constituency to Stuart Lynn
(see annex 3) on existing transfer policy and the restrictions that appear
in these areas causing confusion and registrant's dissatisfaction.
G. Forsyth asked about the contractual aspects of the issue (see the BC
contribution sent by e-mail to the Names Council)
C. Chicoine questioned if the importance of the issue does not require
setting up of the group to adequately address it.
L. Touton stressed that this reflects typically a bottom-up approach :
subject launched by the constituency and spreading for larger input.
Ph. Sheppard suggested the registry-registrar dialogue be carried on and
brought up in Montevideo.
K. Stubbs informed that the Registrar Constituency will review a document
and does welcome input from other parties and promised on C. Chicoine's
request, to provide URL containing all useful information.
R. Tindall informed that Registry Constituency has a task force on a
subject.
The NC agreed to seek further briefing by Constituencies and further
discussion in Montevideo.
Agenda item 8: Montevideo agenda
Ph. Sheppard asked the Council to provide ideas to be put forward to the
Intake Committee for finalising the Montevideo Agenda. The topics should
enable putting forward DNSO views during the ICANN Public Forum Session and
enable plans for the future action.
M. Cade proposed discussion on the At-Large Study report.
M. Mueller suggested discussing ccSO . C. Chicoine thought the subject
needed to be dealt with separately.
Ph. Sheppard inquired about the ccTLD invitation to the NC to attend their
meeting in Montevideo and the conflicting time with other Constituencies'
meetings. To remedy this situation P. de Blanc invited the Council members
to mail him their time availability and he will try to make necessary
arrangements as ccTLDs are holding two-days meeting and would like to have
other constituencies position on the future of the ccs.
M. Cade suggested to group several topics under common topic on
re-structuring and reviewing process such as:
- At Large report
- Individuals Constituency
- cc SO
The above suggestions will be noted by the Intake Committee.
Agenda item 9: Updates on business plan task forces
UDRP TF formation update
C. Chicoine, informed that they have received nominees for all categories
and will resolve by e-mail on where there is more then one candidate. All
biographies should be sent by the end of this week. M. Mueller informed that
even though they are running two weeks behind schedule preliminary results
would be ready by Montevideo.
IDN TF formation update
Y.J. Park informed the Council that she has stepped down as a Chair of this
TF and that there is currently no activity due to a lack of leadership. Ph.
Sheppard proposed to contact by e-mail all TF members inviting them to elect
the Chair and proceed with their work
Dot org TF formation update
M. Mueller informed that the group is still in its initial stage and still
missing some members He had a chance to have some face-to face meetings with
the BC and IPC. There is some disagreement on a draft and the whole process
may take longer than planned and the report will most probably not be ready
for the Montevideo meeting but for November Annual Meeting.
Ph. Sheppard invited him to report at Montevideo on the areas of agreement.
WHO Is survey update
P. Kane informed that 2,800 responses to the WHOIs survey in different
languages had been received. Committee will meet in Montevideo to propose a
process to analyse results.
Review TF update
Ph. Sheppard informed that the TF would shortly be circulating a set of
guidelines for DNSO working groups, that the TF was evaluating use of
web-based for a by using one for the work of the TF. Work had started on
defining guidelines for new constituencies, evaluating auto-translations
and seeking a practical definition of consensus.
Agenda item 10: A.O.B.
10.1 ICANN TLD Evaluation Group
L. Touton informed the Council that this group comprises nine members: six
representatives coming from the DNSO, together with IETF, GAC and PSO
representatives. S. Lynn, ICANN CEO is chairman. Initial report is expected
for the Montevideo meeting. The purpose of this group is to design a process
for evaluating the new TLDs.
10.2 Recompense for B. Fausset's recording services.
K. Stubbs recalled that B. Fausset is now providing MPEG recordings of NC
teleconferences. He proposed that all costs incurred by this activity be
reimbursed to B. Fausset. Ph. Sheppard said that his understanding was that
the issue of voluntary services and recompense had already been referred to
the Budget Committee.
C. Chicoine raised the question on 'conflict of interests' and the NC role
concerning this. Ph. Sheppard said that disclosure was the key.
M. Cade agreed adding that the nature of ICANN is that people participating
are those with vested interests.
K. Stubbs inquired why there is no representative from the Registrar
Constituency on the ICANN new TLD Evaluation Group. Ph. Sheppard responded
that he has received no response from the Registrars Constituency even
though at least three requests had been sent.
Close
Ph. Sheppard closed the meeting and thanked R. Tindall and NeuStar for
sponsoring the call.
17:15 end of call.
Next NC meeting will be held on 8 September 2001, in Montevideo, Uruguay.
____________________________________________________________________________
______________
Annex 1
SEARCH COMMITTEE REPORT
1. Search Committee Task:
To undertake an objective selection process for an entity or entities to
provide DNSO Secretariat information and technical services on a contractual
basis. (Similar such services are currently being provided by Elisabeth
Porteneuve and AFNIC under legacy arrangements).
2. Search Committee Membership:
A sub-committee of the NC Budget Committee;
Members: Erica Roberts (Chair), Chuck Gomes, Vany Martinez, Elisabeth
Porteneuve. Phillip Shepard joined the committee at the beginning of the
evaluation process.
3. Consultant
The Domain Name Supporting Organisation of ICANN Search Committee engaged
Ian Peter and Associates Pty Ltd on 24 May 2001 to manage a Request for
Proposal process to engage a Information and Technical Services Manager and
optionally Internet Services Provision.
The task, as outlined in the agreement was to manage a request for proposal
process (RFP) for DNSO, including
Activation of the bid process
Preparation of documents
Preparation of evaluation criteria
Handling of information requests
Evaluation of submitted documents
Preparation of a short list
Final report to DNSO NC
Any recommendations for contractual conditions, further actions, etc arising
from the process.
A consultant (Ian Peter and Associates) was identified and appointed in late
May to manage the RFP selection and evaluation process.
4. Processes
The requirements of DNSO were primarily determined by the Search Committee
before the Consultant was engaged, as were the Selection Criteria for
successful applicants. These were refined and clarified by the Search
Committee with the Consultant, and a document outlining the RFP requirements
was posted on the DNSO web site on 5 June 2001. At the same time Chairs of
all DNSO constituencies were requested to inform their members and other
interested parties that the process was underway. It was also announced at
the Stockholm meeting of DNSO NC (June 3).
It was agreed before the process began that it was mandatory for respondents
to offer Section A, and that Section B was an option at this stage which
DNSO NC may or may not pursue.
At the close of the evaluation period (extended to 23 June 2001) eight
complete responses had been received.
Five of the eight respondents (Z,Y,W, V, and T) responded to Part A only.
Three respondents (S, R, and Q) responded to both sections.
6. Evaluation
First Round Evaluation: was conducted by the consultant and resulted in an
initial shortlist of five applicants..
Second Round Evaluation:
Conducted during a teleconference including the consultant and the Search
Committee
A shortlist of three applicants was agreed. :
Of the three applicants short listed, one offered Part A services, the other
two offered both Part A and Part B services.
The fees charged by all three were comparable for the services offered.
(Apology received from Vany providing late advice she was unable to attend
teleconf))
Third Round Evaluation:
Conducted by Interview Committee comprising Philip Shepard and Chuck Gomes.
(Elisabeth and Erica withdrew from the evaluation process on the ground of
potential conflict of interests.)
Proposals from shortlisted applicant were forwarded to the Interview
Committee.
Interview Committee reported that:
All three shortlisted applicants could be expected to do a good job;
Loger Inc recommended for appointment subject to their agreement to contract
terms.
Search Committee Meeting 2 Aug 2001.
Apology received from Vany providing late advice she was unable to attend
teleconf. Committee members present:
Noted the report of the Interview Panel that:
All three shortlisted applicants could be expected to do a good job;
Loger Inc is recommended for appointment subject to their agreement to
contract terms.
Noted that the Loger Inc proposal involved the provision of Part A and B
services and that these cannot be separated. Part A (Information and
Technical Services Manager)to be provided by Ms Glen Van Oudenhove de Saint
Géry and Part B (ISP/web hosting, etc) to be provided by AFNIC
· Noted that four expressions of interest had been received from
members of the registrars constituency to provide Part B services
(ISP/hosting services) on a sponsorship basis (at a potential saving to the
DNSO of $20-30,000 pa) after the closure of the RFP;
· Agreed that expressions of interest for the supply of ISP/Hosting
services on a sponsored basis should be followed up and that, if
appropriate, the ISP/hosting services should be transitioned to a new
supplier at the conclusion of the proposed 12 month contract with Loger Inc.
Endorsed the recommendation of the Interview Committee that Loger Inc be
appointed to provide Part A and Part B services subject to their agreement
to contract terms;
Agreed: that Chuck will prepare initial draft of key terms to be
incorporated into proposed contract.
In discussion following the last meeting of the Search Committee, Vany has
requested that it be noted that she does not support the recommendation of
the Interview Committee to appoint Lodger Inc.
Erica Roberts
Chair, Search Committee
30 May 2001
_____________________________________________________________________
Annex 2
REPORT OF THE NAMES COUNCIL BUDGET COMMITTEE 8 AUGUST 2001
The Names Council Budget Committee met twice since that last Council meeting
and addressed three important topics:
1) The status of dues payments by Constituencies pursuant to the new
procedures adopted by the Council for failures to pay; and
2) The status and outlook of the campaign to generate voluntary donations to
the DNSO; and
3) Revisions to the spending allocations under the DNSO's 2001 budget.
A brief report on each follows.
1. STATUS OF DUES PAYMENTS BY DNSO CONSTITUENCIES
In an effort to improve the payment of DNSO mandatory dues by
Constituencies, on the Committee's recommendation, the Council adopted the
following procedures earlier this year:
NC PROCEDURES FOR CONSTITUENCIES PAYMENT OF DUES
Regarding the procedures of the Budget Committee, the Committee decided that
its meetings should not be routinely open, but rather should be open to
members of the Committee and any member of the Names Council who would like
to observe. The Committee reached this conclusion because:
(1) it often discusses financiallysensitive information;
(2) members felt that the work of the Committee would benefit greatly by an
atmosphere in which innovative ideas could be floated;and most importantly,
(3) all of the Committee's reports to the Council and actions by the Council
are publicly accessible.
Regarding procedures to address the failure of DNSO Constituencies to pay
their assessed dues, the Committee discussed this matter during three
different meetings and in its January meeting agreed to propose to the
Council the following procedures:
From the date that invoices are mailed/e-mailed to representatives of
Constituencies, if payment is not received by the DNSO or its agent by:
** 30 days, the Constituency is sent a reminder letter and another invoice
** 60 days, the Constituency is sent a delinquency notice and the
delinquency notice is posted on the DNSO Website
** 90 days, the Constituency is sent a "show cause notice" (in which they
are asked to show cause as to why their voting rights in the Names Council
should not be suspended) and they are charged a 5% late payment fee to cover
the cost to the DNSO of the cost of money. The 5% penalty is added to that
Constituency's dues for the next (not the current) DNSO budget year.
** 120 days, the Constituency is sent a "final notice to pay" and charged an
additional 5% late payment fee, which is also due as a added payment for
their next year's DNSO dues
** 180 days, the voting rights, but not the right to participate, of that
Constituency's representatives to the Names Council are suspended until such
time as the DNSO or its agent receives all past due amounts including the
various applicable late payment fees.
On July 11th, ICANN management reported the following status of dues
payments by DNSO Constituencies for 2000 and 2001 (The DNSO operates on a
January-to-January, calendar year. So, 1st Call refers to 1999, 2nd Call to
2000, and 3rd Call to 2001):
Amounts in US$.
Receipts: 1stCall 2nd Call
3rd Call Total Recd
Business Constituency $5,000.00 $13,642.86
$0.00 $18,642.86
ccTLD Constituency $5,000.00 $1,292.59
$0.00 $6,292.59
gTLD Constituency $5,000.00 $13,642.86
$15,371.00 $34,013.86
IP Constituency $5,000.00 $13,642.86
$15,371.00 $34,013.86
ISP Constituency $5,000.00 $0.00
$0.00 $5,000.00
NCDNHC $5,000.00 $0.00
$50.00 $5,050.00
Registrars Constituency $5,000.00 $13,642.86
$16,857.14 $35,500.00
Total Paid $35,000.00 $55,864.03
$47,649.14 $138,513.17
Total Called For $35,000.00 $95,500.00 $107,597.00
Other Donations $9,050.00
Constituency Donations $138,513.17
Total Donations $147,563.17
Earned Interest & (Bank Charges) $1,487.46
Disbursements $(14,008.16)
Total Funds on Hand $135,042.47
In addition, ICANN management reported that invoices for all DNSO
Constituencies, except the Non-Commercial Constituency, had been sent out on
April 18, 2001. (The NCDNHC invoice is being sent out by ICANN management
this week.) According to this report, three Constituencies ( ccTLDs, ISPs,
and NC) have failed to pay their dues from 2001 and the same three
Constituencies, along with one more (Business Constituency) have failed to
pay their dues for 2001.Importantly, the Committee took note of the fact
that since the 2001 invoices were sent out on April 18th, the DNSO had
failed to send out to Constituencies 30, 60, or 90 day notices as provided
in the procedures (There was some confusion with ICANN management on this
matter, which resulted in the failure by the DNSO to act.) Under these
circumstances the Committee addressed two questions: (1) Did the Council
intend that arrearages resulting from Constituencies' failures to pay dues
that were invoiced during 2000 would trigger the new procedures (or do the
new procedures only apply to dues invoiced in 2001 and in later years? ).
On this question, the Committee concluded that the new procedures do not
apply to invoices prior to 2001; and (2) Does the failure by four
Constituencies to pay their 2001 dues trigger any of the actions envisioned
in the new plan, notwithstanding that the DNSO failed to provide the
follow-up notices that were contemplated under the plan. On this question,
the Committee concluded that since the DNSO had failed to provide 30, 60,
and 90 day notices as contemplated under the plan, then Constituencies that
were invoiced on April 18, 2001 should not be held liable under the terms of
the plan. Accordingly, the Committee decided to have the 30 day notices
sent out as soon as possible by ICANN management and recognized that the 60,
90, 120, and 180 day penalties would kick in over 30 day increments after
the 30 day notices were actually sent.
3. STATUS AND OUTLOOK OF THE CAMPAIGN TO GENERATE VOLUNTARY DONATIONS
TO THE DNSO
The Committee discussed the state of the current campaign to generate
voluntary donations to the DNSO. (These will be used by the DNSO to cover
the costs of providing professional support for the DNSO and such donations
will be matched by the VeriSign Registry on a dollar-for-dollar basis up to
$100K.) Unfortunately, no donations had been recorded as of July.
The Committee again encourages each Constituency to request that its members
donate funds to the DNSO to permit it to operate more professionally and
competently. (If each member organization of each Constituency would donate
to the DNSO one tenth of the amount of money that they spend on
travel/entertainment for ICANN meetings, then the Budget Committee's goal of
raising $60,000 --or $120,000 after the VeriSign Registry match-would
easily be met!!)
The Committee gratefully accepted four volunteers who stepped forward and
agreed to serve as DNSO fundraising chairs: One will focus on donations
from outside of the DNSO and three will focus on donations from members of
the Constituencies. Together, they make up a new fund-raising work group of
the Budget Committee.
4. REVISIONS TO THE SPENDING ALLOCATIONS UNDER THE DNSO'S 2001 BUDGET
The Committee re-examined the spending categories and allocations that were
approved by the Council for the DNSO's 2001 Expense Budget and recommends
several changes to the Council in light of changed circumstances. (Thus far
this year, the DNSO has spent around $37,000, mostly in charges from AFNIC
for the provision of technical management services) These proposed changes
DO NOT CHANGE THE TOTAL DNSO SPENDING and THEY DO NOT CHANGE THE AMOUNT OF
DUES. The proposed changes in the DNSO's 2001 budget would re-name one
spending category ("Web/Listserv Maintenance" would be re-named "Technical
Services") and they would re-allocate spending among the several categories
(Increase the amount for "Technical Services" and reduce the amounts for
"Contingency", "Travel","Language Services" and "Professional Services" ).
The original 2001 DNSO Budget is
Administrative $12,000
Telecommunications $18,100
Travel $25,500
Web/Listserv Maintenance $30,000
Language Translations $10,000
Professional Services $12,000
Contingency $35,000
The proposed DNSO 2001 Budget is:
Admin (e.g. scribe services) $12,000
Telecom $18,100
Travel $10,000
Technical Services $70,000
Language Translations $5,000
Professional Services (e.g. audit, legal, etc.) $5,000
Contingency $22,500
Essentially, these changes would re-allocate an additional $40,000 to
Technical Services, by reducing spending from these other four categories.
The lower spending in these four categories mainly reflects the fact that
the increase in professional support that was envisioned for the DNSO has
not occurred by mid-year while the increase in spending for Technical
Services reflects an under-estimate of the costs of this function.
________________________________________________________________________
Annex 3
Letter from Registrars Constituency to Stuart Lynn
August 16, 2001
Mr. Stuart Lynn
President and Chief Executive Officer
Internet Corporation for Assigned Names and Numbers
4676 Admiralty Way, Suite 330
Marina del Rey, CA
Dear Stuart;
The Registrar Constituency respectfully submits this letter to express its
concerns regarding recent correspondence that Mr. Roger Cochetti, Senior
Vice President of Policy at VeriSign, submitted to you. The Registrar
Constituency (Constituency) believes that these letters do not accurately
convey the underlying issues facing the constituency involving transfers.
Additionally, the approach that VeriSign is implementing attempts to
circumvent the bottom-up effort to develop consensus solutions to these
problems that the Constituency has been engaged in to date.
Existing Transfer Policy
The existing transfer process is documented in Exhibit B (Policy on Transfer
of Sponsorship of Registrations Between Registrars) of the ICANN
Registry/Registrar License and Agreement.
The key elements of this process are as follows:
For each instance where a domain name holder wants to change its Registrar
for an existing domain name (i.e., a domain name that appears in a
particular top-level domain zone file), the gaining Registrar shall:
Obtain express authorization from an individual who has the apparent
authority to legally bind the SLD holder (as reflected in the database of
the losing Registrar).
a) The form of the authorization is at the discretion of each gaining
Registrar.
b) The gaining Registrar shall retain a record of reliable evidence of the
authorization.
Request, by the transmission of a "transfer" command as specified in the
Registry Registrar Protocol, that the Registry database be changed to
reflect the new Registrar.
a) Transmission of a "transfer" command constitutes a representation on the
part of the gaining Registrar that:
(1) the requisite authorization has been obtained from the domain name
holder listed in the database of the losing Registrar, and
(2) the losing Registrar will be provided with a copy of the authorization
if and when requested.
In those instances when the Registrar of record denies the requested change
of Registrar, the Registrar of record shall notify the prospective gaining
Registrar that the request was denied and the reason for the denial.
Instances when the requested change of sponsoring Registrar may be denied
include, but are not limited to:
1) Situations described in the Domain Name Dispute Resolution Policy
2) A pending bankruptcy of the domain name Holder
3) Dispute over the identity of the domain name Holder
4) Request to transfer sponsorship occurs within the first 60 days after the
initial registration with the Registrar
In all cases, the losing Registrar shall respond to the e-mail notice
regarding the "transfer" request within five (5) days. Failure to respond
will result in a default "approval" of the "transfer."
Upon receipt of the "transfer" command from the gaining Registrar, the
Registry will transmit an e-mail notification to both Registrars.
The Registry shall complete the "transfer" if either:
1) the losing Registrar expressly "approves" the request, or
2) the Registry does not receive a response from the losing Registrar within
five (5) days.
When the Registry's database has been updated to reflect the change to the
gaining Registrar, the Registry will transmit an email notification to both
Registrars.
Problem
A small number of registrars, representing a very large portion of the total
market, have recently adopted procedures to require domain name registrants
to explicitly acknowledge to the losing registrar that the registrant has
authorized a transfer request. These changes are restricting the ability of
a gaining registrar to transfer the domain at the request of the registrant.
More specifically, the procedures employed by the small number of registrars
in question are as follows:
Following the email from the registry to a losing registrar seeking
confirmation of a domain name transfer initiated by the gaining registrar,
the losing registrars are contacting the domain name holder directly to seek
confirmation within the 5 day window set by the registry. If the domain
name holder DOES NOT RESPOND, the losing registrar is denying the transfer
on the grounds that there is a dispute over the identity of the domain name
holder. This is a deviation from the spirit of the existing policy (note
the registry assumes approval if the losing registrar does not respond
within 5 days, and so it would be reasonable if the losing registrar assumed
approval if the domain name holder does not respond within 5 days).
The emails sent by the registrars who are changing the procedures, are
generally confusing to the domain name holder (and in some cases in the
wrong language), and it is typical for the domain name holder not to
respond. The domain name holders assume that the transfer will go ahead as
they have explicitly approved that action to the gaining registrar, or the
domain name holder has simply not had time to read and respond to the email.
Registrar's Efforts to Date
This transfer issue first emerged on the Registrar Constituency's agenda at
the Stockholm meeting in June. Because of the significant impact that this
issue was having on most operational registrars, an emergency meeting was
called on Sunday to further discuss the issue.
During this meeting by a vote of 23 to 2, the registrars in attendance
expressed their strong desire to adopt a procedure that would automatically
acknowledge a transfer when a registrant failed to respond to a losing
registrars inquiry (autoACK). Although most registrars acknowledged an
ambiguity in the current language, it was believed that relying on the
status quo was the most prudent course of action until a more thorough
analysis of the problem could be undertaken. The registrars agreed to work
on solutions as a follow up to Stockholm.
Following the Stockholm meeting, there was a follow-up teleconference for
the benefit of those registrars that were unable to attend the Stockholm
meeting. This meeting further reinforced the consensus that had been forged
in Stockholm. In an attempt to resolve this matter internally, those
registrars advocating an autoNACK policy engaged in consultations among
themselves and with other registrars in an attempt to seek a compromise
position.
During these negotiations a straw poll was conducted among the Constituency
to further define the issues. This vote reaffirmed for the third time the
strong support within the Constituency for an autoACK policy. Although the
straw poll supported moving this issue forward to the Names Council for
discussion and suggested resolution, it was decided that those registrars
supporting the autoNACK policy would be given additional time to resolve
this matter
On June 29th, one of the registrars that had been advocating an autoNACK
policy, submitted to the Registrar list a proposed compromise. Although
there was some concern regarding the potential implementation of this
solution voiced by certain registrars, the attempt to proactively engage in
dialog with the Constituency was true to the ICANN bottom-up consensus
building effort.
On July 13th, Paul Kane, a Registrar Constituency Names Council
representative posted an email to the Constituency list inquiring about
VeriSign's much anticipated document so that the Constituency could engage
in further consensus building efforts. Regrettably, rather than responding
to this request from the Registrars, on July 16th, VeriSign instead
submitted its first letter directly to ICANN. Only after public inquiries
to the Constituency list did a VeriSign representative provide any further
explanation to the Registrars.
A Registrar meeting was held on July 23, 2001 to discuss the options.
The Constituency is concerned that VeriSign sought to go directly to ICANN
on this issue, ignoring the bottom-up consensus building efforts that had
been engaged in for several weeks. Moreover, there is an important issue
that Mr. Cochetti did not make clear in his July 16th letter, that is
significant.
During both Constituency meetings in Stockholm, Dan Halloran, ICANN
Registrar Liaison, stated that he was not aware of any complaints that ICANN
had received about domain name slamming. Mr. Halloran latter qualified this
statement in an email to the Registrar Constituency stating, that ICANN has
received reports of unauthorized transfers but that they were usually
associated with domain name "hijacking" (an issue that the Registrar
Constituency takes seriously and has addressed in the past). Additionally,
Mr. Halloran also indicated that he had been informed of one other registrar
that had raised concerns about transfers deceptively initiated by resellers
or registrars without the registrant's informed consent. The Registrar
Constituency has requested that ICANN provide the constituency with any and
all information they have on this subject, and looks forward to working with
ICANN staff in resolving this matter.
The Registrar Constituency would like to thank VeriSign for making public
its previously private survey on July 26th.
Clarification From ICANN
The Constituency universally agrees that protecting a registrant's'
interests is paramount; unfortunately there is a disagreement on how to best
achieve this end result. We are seeking clarification from ICANN: what are
our options in addressing this situation. If ICANN deems this to be a
policy change, we assume that it would require DNSO approval and that we
should bring it before the DNSO. If ICANN believes this to be a procedural
interpretation of existing ICANN Policy, we assume that the Constituency can
implement their preferred solution, without full DNSO review. In any case,
the Registrar Constituency would look to ICANN staff for support in
enforcement of any solution arrived at by the parties.
As time is of the essence, the Registrar Constituency would like to move
forward down one of the above two paths within the next couple of weeks. If
the Constituency does not receive guidance from ICANN on this issue during
this time, the Constituency will advise its Names Council representatives to
bring proposed solutions to this issue before the full Names Council for
consideration and action in Montevideo.
Conclusion
The Constituency is clearly concerned that certain registrars are employing
new and onerous transfer policies that create confusion and registrant
burdens and dissatisfaction. Further frustrating to the Constituency is that
this argument ignores the very fact that this radical departure from adopted
policy and procedure has created the very consumer confusion that they claim
to be protecting against. The Constituency eagerly awaits guidance from
ICANN on how to proceed in implementing its consensus-based solution, and,
if necessary, stands willing to participate with the other DNSO
constituencies in resolving this problem.
Best regards,
Michael Palage,
Registrar Constituency Chairperson
Cc: Louis Touton
ICANN DNSO Names Council
Rodger Cochetti
Information from:© DNSO Names Council
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