[council] Domain Tasting Design Team Proposed GNSO Council Motion
All,
Attached and copied below is a proposed GNSO Council motion developed by
the domain tasting design team.
Some comments may be helpful.
1. The design team agreed unanimously during its first meeting that,
because of the work done to that point, it did not wish to propose
further work. Instead, the team believed that it was appropriate for
the Council to recommend a policy to the Board.
2. The general concept of the proposed motion -- to modify the AGP --
is the subject of unanimous agreement.
3. The bracketed language is language that was not the subject of
unanimous agreement. More specifically:
a. Two members of the team are not committed to the 10%
threshold and would prefer a lower percentage. I am one of them. I
calculated the six-month average of the AGP delete percentages (as
percentages of net adds (1 year)) in .com for GoDaddy, eNom, Inc.,
Tucows, Register.com, and Network Solutions. GoDaddy's average
percentage was less than 2%. As a result of that review, I have
questions as to why a 10% limit is appropriate if the largest registrar
in .com (by a factor of at least 2) has a less than 2% deletion rate. It
would be helpful to me if someone could provide on Saturday a general
explanation as to why the registrars smaller than GoDaddy had larger
percentages (some more than 5 times as high).
b. One member of the team wanted to (i) delete from the
resolution and the suggested language the references to excess deletes
being, barring exceptional circumstances, indicative of speculation in
domain registrations and (ii) move that language into a whereas clause.
4. It is the team's expectation that the motion will be discussed on
Saturday.
Kristina
-*-
Domain Tasting Design Team Motion
6 February 2008
Whereas, the GNSO Council has discussed the Issues Report on Domain
Tasting
<http://gnso.icann.org/issues/domain-tasting/gnso-domain-tasting-report-
14jun07.pdf> and has acknowledged the Final Outcomes Report of the ad
hoc group on Domain Tasting
<http://gnso.icann.org/drafts/gnso-domain-tasting-adhoc-outcomes-report-
final.pdf> ;
Whereas, the GNSO Council resolved on 31 October 2007 to launch a PDP on
Domain Tasting and to encourage staff to apply ICANN's fee collections
to names registered and subsequently de-registered during the AGP;
Whereas, the Board of Directors resolved on 23 January 2008 to encourage
ICANN's budgetary process to include fees for all domains added,
including domains added during the AGP, and encouraged community
discussion involved in developing the ICANN budget, subject to both
Board approval and registrar approval of this fee;
Whereas, the GNSO Council has received the Final Report on Domain
Tasting [final title tbd];
Whereas, the By-Laws require the GNSO Council Chair to call, within ten
(10) days of receipt of the Final Report, for a formal Council meeting
in which the Council will work towards achieving a Supermajority Vote to
present to the Board;
Whereas, the GNSO Council acknowledges both that some stakeholders have
advocated the elimination of the AGP as a means to combat the abuse of
it and that other stakeholders have advocated the retention of the AGP
as a means to pursue legitimate, non-abusive uses of it;
Whereas, the GNSO Council welcomes the Board of Directors' 23 January
2008 resolution pertaining to inclusion of fees for all domain names
added, and wishes to recommend to the Board of Directors a Consensus
Policy to address the abuses of the AGP and to maintain the availability
of the AGP for legitimate, non-abusive uses;
Whereas, PIR, the .org registry operator, has amended its Registry
Agreement to charge an Excess Deletion Fee; and both NeuStar, the .biz
registry operator, and Afilias, the .info registry operator, are seeking
amendments to their respective Registry Agreements to modify the
existing AGP;
Therefore, the GNSO Council resolves as follows:
1. To recommend to the Board of Directors that it adopt a Consensus
Policy to (i) restrict applicability of the AGP to a maximum of 50
deletes per registrar per month or [10%] of that registrar's net new
monthly domain name registrations, whichever is greater; [and (ii) deem
a registrar's deletes in excess of this maximum to be indicative of,
barring exceptional circumstances, speculative registrations;] while
(iii) not intending to prohibit a registry the flexibility of proposing
more restrictive excess deletion rules.
2. To suggest to the Board of Directors that the Consensus Policy may
be implemented by amending Section 3.1.1 to Appendix 7 of each Registry
Agreement to read as follows:
Delete: If a domain is deleted within the Add Grace Period, the
sponsoring Registrar at the time of the deletion is credited for the
amount of the registration; provided, however, at the end of the month
the Registry shall debit the Registrar's account for the full value of
the domain name registrations that exceeded the month's set threshhold
of 50 deletes per month or [10%] of that sponsoring Registrar's net new
monthly domain name registrations, whichever is greater ("Usual
Deletes"); and further provided, however, that the Registry Operator
shall have the right to propose more restrictive rules for deletes in
excess of Usual Deletes during the Add Grace Period. [Deletes in excess
of Usual Deletes are, barring exceptional circumstances, indicative of
speculative registrations.] The domain is deleted from the Registry
database and is immediately available for registration by any Registrar.
See Section 3.2 for a description of overlapping grace period
exceptions.
<<DT Design team proposed GNSO Council tasting motion - SCRUBBED on
02-06-08 21_53.DOC>>
Attachment:
DT Design team proposed GNSO Council tasting motion - SCRUBBED on 02-06-08 21_53.DOC |