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[nc-transfer] RE: Draft resolution
No matter who the ultimate
enforcer is, ICANN or Registries, the following Agreements will need to be
modified as well in at least the following ways:
1) Removal of Transfer
language from ICANN/Registry Agreement
2) Removal of Transfer
language from Registry/Registrar Agreements
3) Addition of
enforcement language in Registry/Registrar Agreements
4) Addition of
report/enforcement in the Registrar Accreditation Agreements
Because it involves all 3
agreements, I drafted the language I did.
With respect to your
questions:
1) I believe we should
remain silent on which contracts, because that is the job for the lawyers to
figure out (including the Registries/Registrars and ICANN).
2) See 1
above
3) With respect to your
language on Monitoring, I would just remove the words "contract enforcement" and
just keep in the words review of the transfers policy. I do not
believe that we can dictate how a party enforces its
agreement.
Jeff et
al
I would prefer, at this
stage, to stick to the wording that I "drafted" on the call,
namely:
2. The ICANN Board should direct the ICANN staff to implement the policy through contract amendments to the
[ICANN Accredited Registrar] [Registry-Registrar] contract(s) to give
effect to the recommendations in the IRDX report
I think there is a desire, as
expressed through the email discussions, that we (ultimately the NC) be
explicit as to how we "direct" the staff regarding which contract the
transfers policy is enacted through - so as to address concerns over ICANN's
involvement.
Jeff's amendment is silent on
which contract - but can also be read to mean the ICANN Registrar
Accreditation contract, as this is the only contract (that I have been made
aware of) in which ICANN is a party.
Does the TF
think:
A) we need to be explicit
as to the contract in which the policy is enacted?
B) that, if yes to A), then is
there a preference to the contract?
C) that Jeff's wording can only
be read as the ICANN Registrar Accreditation contract - as this is the only
contract in which ICANN is a party to?
Wording suggestion for
additional point in the resolution which will hopefully provide a single
recommendation to address 3,4,5 as noted in my draft and also is wide enough
for the staff to develop the specific wording in conjunction with the
Registrars.
3. Implementation should
include the Registrars and ICANN staff together developing a regular audited
Registrar self reporting of their performance in actioning transfer requests
and the resultant outcomes. This reporting to be public and monitored by ICANN
for the purpose of contract enforcement and review of the transfers
policy.
Hope that is clear, I look
forward to fellow TF members comments
Grant Forsyth
[Grant
Forsyth] -----Original Message----- From:
Neuman, Jeff [mailto:Jeff.Neuman@neustar.us] Sent: Thursday, 03
October, 2002 06:29 To: 'nc-transfer@dnso.org' Subject:
[nc-transfer] How about this for Resolution No. 2
The NC Resolve s that the ICANN Board should direct the ICANN
staff to conduct negotiations toward appropriate revisions to
agreements between ICANN and the gTLD
Registries and gTLD Registrars as appropriate to implement
the recommendations in the IRDX
report.
Jeffrey J. Neuman,
Esq. Director, Law & Policy NeuStar, Inc.
Loudoun Tech
Center 46000 Center Oak Plaza
Building
X Sterling, VA 20166
p: (571)
434-5772 f: (571) 434-5735
e-mail: Jeff.Neuman@Neustar.us
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