FW: [REGYCON] FW: [REGYCON] FW: [council] ICANN Synthesis on Single-Character Names at the Second-Level

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

In anticipation of our planned discussion of the single-character
second-level names issue on 27 March, I am forwarding the following
email that raises a fundamental question on that issue.  It seems to me
that it would be good for us to understand whether or not additional
policy development work is need on this issue.
 
Chuck

________________________________

From: GNSO Registry Constituency Planning [mailto:REGYCON-L@NIC.MUSEUM]
On Behalf Of Neuman, Jeff
Sent: Wednesday, March 19, 2008 10:19 AM
To: REGYCON-L@NIC.MUSEUM
Subject: [REGYCON] FW: [REGYCON] FW: [council] ICANN Synthesis on
Single-Character Names at the Second-Level



All,

 

Here is the note I sent on 2/27 that has not been answered.  I have sent
a reminder to ICANN's GC office several times since then to get an
answer.

 

Please feel free to post.

 

Jeffrey J. Neuman, Esq. 
Sr. Director, Law, Advanced Services  & 

Business Development 

NeuStar, Inc. 
e-mail: Jeff.Neuman@xxxxxxxxxx <mailto:Jeff.Neuman@xxxxxxxxxx>  

________________________________

From: Neuman, Jeff 
Sent: Wednesday, February 27, 2008 9:17 PM
To: 'GNSO Registry Constituency Planning'; 'Patrick Jones'; 'Craig
Schwartz'
Cc: halloran@xxxxxxxxx; John Jeffrey
Subject: RE: [REGYCON] FW: [council] ICANN Synthesis on Single-Character
Names at the Second-Level

 

I am cc'ing Patrick, Craig, Dan and John on this so I can repeat the
same questions I have now asked twice to ICANN staff and Board members.
I even note that Craig took notes at the constituency meeting in Dehli
to follow up on these questions.

 

I would like the following answered:

 

Does ICANN believe that they can force gTLD Registries to allocate
single letter domain names in the first place through a Consensus
Policy?  I note the following statement in the report: "ICANN has
received many inquiries from third parties seeking to register
single-character domain names, has advised these parties that the names
are reserved, and informed these parties that the reservation can be
removed through a bottom-up process. 

 

- On what basis did ICANN make these statements? 

 

I do not believe that ICANN (or the community) can force these
reservations to be removed without registry consent even if there is a
Consensus Policy.  If ICANN feels differently, please explain the
rationale of your statement.

 

Let me expand on why I believe ICANN cannot force the allocation of
single letter domains.  The following is from the .biz agreement (also
in .com, .net, .info and others) which states that Consensus policies
may not 

 

"3.1 (b)(v)(I)  alter services that have been implemented pursuant to
Section 3.1(d) of this Agreement (unless justified by compelling and
just cause based on Security and Stability."

 

3.1(d) is the section talking about Registry Operations.  It includes
the following:

 

"3.1 (d)(i)(A)  Registry Operator shall reserve, and not register any
TLD strings (i) appearing on the list of reserved TLD strings attached
as Appendix 6 hereto or (ii) located at
http://data.iana.org/TLD/tlds-alpha-by-domain.txt for initial (i.e.,
other than renewal) registration at the second level within the TLD."

So, it states that a consensus policy may not modify the reserved names
list "Unless justified by compelling and just cause based on security
and stability."  ICANN - Where is the compelling security
justification??

Thanks.

 

Jeffrey J. Neuman, Esq. 
Sr. Director, Law, Advanced Services  & 

Business Development 

NeuStar, Inc. 
e-mail: Jeff.Neuman@xxxxxxxxxx <mailto:Jeff.Neuman@xxxxxxxxxx>  

________________________________

From: GNSO Registry Constituency Planning [mailto:REGYCON-L@NIC.MUSEUM]
On Behalf Of Gomes, Chuck
Sent: Wednesday, February 27, 2008 8:14 PM
To: REGYCON-L@NIC.MUSEUM
Subject: [REGYCON] FW: [council] ICANN Synthesis on Single-Character
Names at the Second-Level

 

I haven't had a chance to read this yet but thought I would forward it
right away.

 

Chuck

 

________________________________

From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx]
On Behalf Of Patrick Jones
Sent: Wednesday, February 27, 2008 7:22 PM
To: council@xxxxxxxxxxxxxx
Subject: [council] ICANN Synthesis on Single-Character Names at the
Second-Level

Prior to the Delhi meeting I advised the Council that staff was
preparing a paper on single-character domain names at the second-level.
The attached ICANN Synthesis on Single-Character Domain Names at the
Second-Level is being sent to the Council for information and
discussion. Staff is working on engagement of a qualified entity or
entities to assist with additional process development for various
auction needs. Further information will be provided to the community and
the Council. 

 

In the meantime, could you place this paper on the schedule near the end
of the Council meeting for discussion on 6 March?

 

Regards,

 

Patrick

 

Patrick L. Jones

Registry Liaison Manager &

Coordinator, ICANN Nominating Committee

Internet Corporation for Assigned Names and Numbers

4676 Admiralty Way, Suite 330

Marina del Rey, CA 90292

Tel: +1 310 301 3861

Fax: +1 310 823 8649

patrick.jones@xxxxxxxxx