[council] RE: [gnso-vi-feb10] Board Resolution 2010.11.05.20

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

I agree that there is nothing else this WG should do, and it should be
disbanded.  Curious to know if there are any different views in the WG or on
Council.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1 (415) 738-8087
http://rodenbaugh.com 


-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
On Behalf Of Avri Doria
Sent: Wednesday, November 10, 2010 6:40 AM
To: Gnso-vi-feb10@xxxxxxxxx
Subject: [gnso-vi-feb10] Board Resolution 2010.11.05.20


Hi,

On seing this resolution by the Board, I am not sure what more the VI WG
could do.  The Board  seem to have chosen from the VI WG smorgasbord quite
well.  And someday, if we see abuses, the GNSO can open a new PDP.

a.

http://www.icann.org/en/minutes/resolutions-05nov10-en.htm

Resolved, (2010.11.05.02), the Board directs the CEO to include the
following principles relating to registry-registrar cross-ownership in the
forthcoming version of the Applicant Guidebook.

        . ICANN will not restrict cross-ownership between registries and
registrars. Registry operators are defined as the registry operator and all
other relevant parties relating to the registry services.

        . Registry agreements will include requirements and restrictions on
any inappropriate or abusive conduct arising out of registry-registrar cross
ownership, including without limitations provisions protecting against:

                . misuse of data; or

                . violations of a registry code of conduct;

        . These provisions may be enhanced by additional enforcement
mechanisms such as the use of self-auditing requirements, and the use of
graduated sanctions up to and including contractual termination and punitive
damages.

        . ICANN will permit existing registry operators to transition to the
new form of registry agreement, except that additional conditions may be
necessary and appropriate to address particular circumstances of established
registries.

        . ICANN will have the ability to refer issues to relevant
competition authorities.

        . ICANN will have the ability to address possible abuses that may
arise out of registry-registrar cross-ownership through the consensus policy
process.