[ga] Contracts

["babybows.com" <webmaster@babybows.com>]

The registrar community is actively reviewing the language in the new
contracts.   If the GA has concerns as well, now is the time to be bring
them forth.   I have previously raised a concern over the sanctions program,
and for a need for the DNSO to be involved in the revision of sanctions if
it becomes necessary to reign in an abusive registry.  Below is one post of
many that reflects the concerns of registrars, and alludes to abusive
Registry practices that may be just over the horizon:
http://www.dnso.org/clubpublic/registrars/Arc01/msg00536.html



I dug out the original application for .biz that the ICANN board approved.
It can be found at http://www.icann.org/tlds/biz4/BIZ_TOC.html    The
section regarding registrars is posted below.

I would suggest that Neulevel may not be following their proposal.  I think
from the information below, it is clear that Neulevel wishes to be a
"neutral third-party provider" and that "Domain-name holders will deal with
the registry through registrars. The registry will avoid direct
relationships with domain name holders in order to ensure its continued
neutrality.".

I think it is fairly clear that this statement is NOT being practiced.
Neulevel has instituted 2 services (the trademark signup and the
registry-lock)  that do not go through a registrar, but in fact, users can
go directly to Neulevel for.

I think ICANN needs to take a hard look at the original proposal that was
submitted to them and approved by the board.  These proposed contracts seem
to be in contravention of that proposal.

I, for one, am against allowing a registry to deal directly with our clients
on any level.
---------------------------------------------------------------

I.4 registrars (RFP Section E4)

JVTeam will operate the registry as a neutral third-party provider.
Consistent with neutrality requirements, however, JVTeam will follow
existing policy models for registry-registrar relations. This approach will
ensure that the Internet Community perceives JVTeam as a trusted, unbiased
provider of core Internet DNS functionality while providing the registry and
registrar industries with consistent, well-known, and stable business models
for operation and use of the new TLD.

Among the most important aspects of the JVTeam neutrality policy will be the
registry's relationship with registrars. As noted above, the registry
controls a vital input in the DNS industry - the names themselves. As a
result, any favoritism or unfair treatment, perceived or real, of one
registrar over another may harm significantly competition in the DNS
industry. Therefore, JVTeam has taken strong steps to ensure that registrars
are presented with a level playing field with respect to the provisioning of
registry services.

In order to ensure a level playing field, a truly neutral registry operator,
and the continued open, stable and technically consistent operation of the
Internet, JVTeam proposes largely to follow the existing guidelines for
registry/registrar relations established by ICANN for the .com, .net, and
.org registries. This approach will ensure that the industry model will be
well established and familiar to registries, registrars and consumers. Such
stability and consistency in the models used for the introduction of new
TLDs will prove highly beneficial to a successful "proof of concept" because
ICANN will have relevant reference points in existing TLDs.

Will domain name holders deal through registrars, directly with the registry
operator, or some combination of the two?

Domain-name holders will deal with the registry through registrars. The
registry will avoid direct relationships with domain name holders in order
to ensure its continued neutrality. A neutral third-party operator such as
JVTeam must not be perceived as competing with its customers (i.e., the
registrars in this case) and therefore JVTeam will not deal directly on a
customer-provider basis with the domain name holder. Moreover, this approach
preserves established DNS business models and will increase DNS competition
at the registrar level.

What are the respective roles, functions, and responsibilities for the
registry operator and registrars?

As the registry operator, JVTeam will be responsible for the provision of
high-quality, efficient and neutral TLD registry services including
registration and Whois services and database management services. The
registrars will be responsible for domain name holder registrations,
customer relations, and additional services.

JVTeam's strict adherence to the registry Code of Conduct discussed above
will ensure that no registrar is treated unfairly vis-à-vis JVTeam services
and that no registrar or group of registrars will be able to unduly
influence JVTeam's operations and services. Under this model, the registrars
will be responsible for all consumer/end-user relations and the registry
will be responsible for the fair, efficient, and high-quality technical
operation of the registry itself. Thus the registry maintains unquestioned
neutrality and can implement, so long as technically feasible, any registrar
policy adopted by ICANN for the benefit of the Internet community.

Unlike the existing registry, however, JVTeam proposes to operate a "fat"
registry. This "fat" registry will centralize the databases normally
associated with the registry but typically operated separately by each
registrar. The decentralized approach is inefficient, requiring significant
duplication of efforts and resources. JVTeam intends to eliminate such
duplications and, using the associated economies of scale, reduce the costs
of DNS services to the registrars.





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