[council] FW: Council resolution 13 Jan 05

["Marilyn Cade" <marilynscade@xxxxxxxxxxx>]

Dear Colleagues

For those new, and some of us "old" councilors, there has been mention
before of an existing pending request for an Issues Report on a topic that I
believe is quite close to the one that Ross is proposing. A search of the
minutes refreshed my memory and turned up the following relevant
information/background [see below insert from minutes/with citation]. 

I suggest that those of us now exchanging views on this topic on the Council
list, consider whether this existing/pending Issues Report will fulfill the
need now being discussed, or if some fine tuning is needed to modify this
resolution and update it. We wouldn't want to do two issues reports on the
same topic and we should incorporate,  or make a conscious decision to still
have it pending, while we address the topic differently.  If that is the
will of Council. 

One thought about this resolution, as I reread it: in the second WHERAS, I
suspect that the word in the MP3 recording was "accreditation", not
"accredited", but that it was missed when this was proofed. :-) Yet, the
meaning is quite clear.

Ross, as the initial originator of the newest topic, can we build on this,
incorporate it, etc.? 

Marilyn Cade
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http://gnso.icann.org/meetings/minutes-gnso-13jan05.htm

Item 7: Contention for domain names at gtld registries
- motion to initiate an issues report

Draft resolution Whereas the high demand amongst registrars on behalf of 
their registrants to register specific domain names that become 
available for re-registration at the registry has lead to unforeseen 
strains on the ability of registries and registrars to manage their 
business efficiently, Whereas this affects the service level that 
registrars can provide to their customers and the meaning of ICANN 
accredited as it applies to registrars, Council resolves, to request the 
ICANN staff manager to write an issues report (as specified in annex A 
to the ICANN by-laws) on the "Problems caused by contention for domain 
names made available by a gTLD registry ", so that Council can 
subsequently decide if a policy development process would be appropriate.

Philip Sheppard spoke to the resolution which arose out of a discussion 
in Cape Town regarding the problem of of the volume of automated 
requests for expiring domain names from registrar to registry and 
requested further study through an issues report from the ICANN Staff 
Manager so that Council could then decide whether a policy development 
process should be initiated.

Ken Stubbs commented that the issues report should clarify the reason 
for the demand.


Barbara Roseman reported that the staff recognized that the issue would 
require effort from several ICNAN staff members with specific areas of 
expertise
Kurt Pritz commented that in order to respond to the resolution, ICANN 
would like to go back and look at the complaints received, and solicit 
input from the registries and registrars on the topic, then provide a 
briefing to the Council based on an analysis of various data bases to 
ascertain whether there should be an issues report.

Bruce Tonkin clarified that an Issues Report asked General Counsel to 
decide whether there were any policy issues but it did not go as far as 
saying what specific agreements and contractual issues were affected and 
proposed that there should be further clarification on contents and 
expectations of issues report in general.

Philip Sheppard, seconded by Maureen Cubberley proposed the amended 
draft resolution:

Whereas the high demand amongst registrars to register specific domain 
names that become available for re-registration at the registry has lead 
to unforeseen impact and strains on the registration infrastructure of 
gTLD registries and registrars.
Whereas this affects the service level that registrars can provide to 
their customers and the meaning of ICANN accredited as it applies to
registrars,


Council resolves, to request the ICANN staff manager to write an issues 
report (as specified in annex A to the ICANN by-laws) on the "Problems 
caused by contention for domain names made available by a gTLD registry 
", so that Council can subsequently decide if a policy development 
process would be appropriate

Bruce Tonkin called for a nominated vote.
19 votes in favour, 5 proxy votes in favour, 3 no votes. (Kiyoshi Tsuru 
and Alick Wilson with the proxy for Demi Getschko had dropped off the 
call and did not vote)

The motion carried.

Decision 4:
Whereas the high demand amongst registrars to register specific domain 
names that become available for re-registration at the registry has lead 
to unforeseen impact and strains on the registration infrastructure of 
gTLD registries and registrars.
Whereas this affects the service level that registrars can provide to 
their customers and the meaning of ICANN accredited as it applies to 
registrars,


Council resolves, to request the ICANN staff manager to write an issues 
report (as specified in annex A to the ICANN by-laws) on the "Problems 
caused by contention for domain names made available by a gTLD registry 
", so that Council can subsequently decide if a policy development 
process would be appropriate