Re: [council] Needs clarification about Agreement between Verisign and ICANN regarding .ORG Divesture

[Louis Touton <touton@icann.org>]

Hi, Vany--

In response to your follow-up questions:

The URL of the .org Registry Agreement is
<http://www.icann.org/tlds/agreements/verisign/registry-agmt-org-25may01.htm>. 
You can find links to ICANN's various agreements on
<http://www.icann.org/general/agreements.htm>.

I believe that the text you quoted earlier is an explanation of the
provisions of the (then proposed) revised ICANN-VeriSign registry
agreements.

As you assumed, I treated the two questions you asked earlier as
separate.

I hope this helps,

Louis Touton



-------- Original Message --------
Subject: Re: [Re: [council] Needs clarification about Agreement between
Verisign and  ICANN regarding .ORG Divesture]
Date: Fri, 4 Jan 2002 18:40:57 -0800 (PST)
From: Vany Martinez <vany_martinez@yahoo.com>
Reply-To: ceo@vany.org
To: Louis Touton <touton@icann.org>, council@dnso.org

Hi Louis:

Thank you for your clarification!!! 

Please, can you provide me the URL for the document
you are citing as contractual implementation of .ORG?

The only texts I was able to find regarding this issue
was the initial cited text of the Proposed Agreements
between Verisign and ICANN that ICANN resolved to
adopt as it is.  Please clarify me if the text I cited
you in my previous e-mail is just a guideline to
express the spirit about the goals of .ORG divesture
as is described in such text, that both ICANN and
Verisign envisioned?  

Just for a clarification regarding one of your
answers:

The question about model to be used (Restricted,
Sponsored, etc), didn't have relationship with the
question about financial requirements. 

Thank you again for all the information you can
provide me.

Best Regards
Vany

--- Louis Touton <touton@icann.org> wrote:
> Vany,
> 
> The contractual implementation of the .org turn-over is in Subsections
> 5.1.4 and 5.1.5 of the .org Registry Agreement:
> 
>    5.1.4 No later than 90 days prior to the Expiration Date, Registry
>    Operator will pay to ICANN or ICANN's designee the sum of US $5 
>    million, to be used by ICANN in it sole discretion to establish an 
>    endowment to be used to fund future operating costs of the non-
>    profit entity designated by ICANN as successor operator of the .org 
>    registry. Registry Operator agrees that such funds, once paid to 
>    ICANN, will become the property of ICANN and/or ICANN's designee, 
>    and that Registry Operator will have no ownership or other rights 
>    or interests in such funds or in the manner in which they are used 
>    or disbursed.
> 
>    5.1.5 Registry Operator further agrees that it will make available 
>    to the party designated by ICANN as successor operator of the .org 
>    registry the use of global resolution and distribution facilities, 
>    at no charge until 31 December 2003, and thereafter at a price to 
>    be determined, for so long as Registry Operator is also the 
>    operator of the .com registry.
> 
> ("Registry Operator" refers to VeriSign in the above.)
> 
> In answer to your specific questions:
> 
>   1. Under the agreement, the .org TLD need not be either sponsored or
> restricted in order for the US$5,000,000 to be used.  The money is
> payable to ICANN for use "to fund future operating costs of the
> non-profit entity designated by ICANN as successor operator of the .org
> registry."  So long as these requirements are met, the endowment can be
> used for the stated purpose whether the .org TLD is sponsored or
> unsponsored, or to whether it is restricted or unrestricted.
> 
>   2.  The agreement does not require any particular level of financial
> resources that must be required by ICANN.  The level of resources to be
> shown is to be decided in the ICANN policy process.
> 
> I hope this helps.
> 
> Best regards,
> 
> Louis Touton
> 
> -------- Original Message --------
> Subject: [council] Needs clarification about
> Agreement between Verisign
> and ICANN regarding .ORG Divesture
> Date: Fri, 4 Jan 2002 17:24:08 -0800 (PST)
> From: Vany Martinez <vany_martinez@yahoo.com>
> Reply-To: ceo@vany.org
> To: council@dnso.org, touton@icann.org,
> RCochetti@verisign.com
> 
> Hi Louis, Roger and all:
> 
> I am sure that everybody knows very well the texts of the actual
> Agreements between Verisign and ICANN.
> 
> However, I would like a clarification regarding the part describing .ORG
> Divesture (section D, number 2):
> 
> "2. The .org Registry Agreement would adopt the form of the registry
> agreements that will be entered into by the new global TLD registry
> operators. The term of the .org Registry Agreement would be shortened by
> almost one year to 31 December 2002, at which time VeriSign would
> permanently relinquish its right to operate the .org registry, and an
> appropriate sponsoring organization representing non-commercial
> organizations would be sought (through some procedure yet to be
> determined) to assume the operation of the registry. In addition,
> VeriSign would establish an endowment of $5 million for the purpose of
> funding the reasonable operating expenses of a global registry for the
> specific use of non-profit organizations, and would make global
> resolution resources available to the operator of the .org registry for
> no charge for one year and on terms to be determined thereafter, for so
> long as it operates the .com registry. The net result of this would be a
> .org registry returned, after some appropriate transition period, to its
> originally intended function as a registry operated by and for
> non-profit organizations."
> 
> The questions regarding this paragraph are:
> 
> 1.  Does all this paragraph means that the agreements requires
> obligatorily that .ORG be "SPONSORED" ("appropiate sponsoring
> organization representing non-commercial organizations...") and also
> that be "RESTRICTED" ("for the specific use of non-profit
> organizations", "Registry operated by and for non-profit
> organizations")? Please, explain why.
> 
> 2.  Would the applicants for being the global registry for .ORG need to
> demonstrate some financial resources, although Verisign would stablish
> and endowment of $5 million for the purpose of funding reasonable
> operating expenses and would make some other technical resources
> available for one year to no cost to whoever be selected sponsor
> organization?  
> 
> Thank you in advance for all the information you can provide me.
> 
> Best Regards
> Vany
>    
> 
> -- 
> Nilda Vany Martinez Grajales, BSEE
> Information Technology Specialist
> Sustainable Development Networking Programme/Panama
> Member of the ICANN's DNSO Non-Commercial
> Constituency
> Tel: (507) 317-0169
> http://www.sdnp.org.pa
> e-mail:  vany@sdnp.org.pa
> 
> Are you a Non-Commercial organization and have a
> domain name?
> Join the ICANN's DNSO Non-Commercial Constituency,
> ncdnhc.icann-ncc.org
> 
> __________________________________________________