RE: [council] new gTLD recommendations from the GNSO related to the use of registrars

["Jonathan Robinson" <jrobinson@xxxxxxxxxxxx>]

Thanks Bruce.

-----Original Message-----
From: Bruce Tonkin [mailto:Bruce.Tonkin@xxxxxxxxxxxxxxxxxx] 
Sent: 02 April 2014 04:14
To: council@xxxxxxxxxxxxxx
Subject: [council] new gTLD recommendations from the GNSO related to the use
of registrars


Hello All,


For a little historical context to the recent request from the Board.  


The GNSO produced a final report on a set of recommendations for introducing
new gTLDs in August 2007:

http://gnso.icann.org/en/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm

The recommendations were approved by the Board in June 2008:

http://www.icann.org/en/groups/board/documents/resolutions-26jun08-en.htm#_T
oc76113171


Nearly 5 years ago :-)


The relevant recommendation with respect to the use of registrars is number
19:

        "Registries must use only ICANN accredited registrars in registering
domain names and may not discriminate among such accredited registrars."


The relevant discussion in the final report stated:

"Recommendation 19 Discussion -- Registries must use only ICANN accredited
registrars in registering domain names and may not discriminate among such
accredited registrars.

 i. This recommendation is supported by all GNSO Constituencies and Ms
Doria.

 ii. There is a long history associated with the separation of registry and
registrar operations for top-level domains. The structural separation of
VeriSign's registry operations from Network Solutions registrar operations
explains much of the ongoing policy to require the use of ICANN accredited
registrars.

 iii. In order to facilitate the stable and secure operation of the DNS, the
Committee agreed that it was prudent to continue the current requirement
that registry operators be obliged to use ICANN accredited registrars. 

 iv. ICANN's Registrar Accreditation Agreement has been in place since
2001[77]. Detailed information about the accreditation of registrars can be
found on the ICANN website[78]. The accreditation process is under active
discussion but the critical element of requiring the use of ICANN accredited
registrars remains constant.

 v. In its CIS, the RyC noted that "...the RyC has no problem with this
recommendation for larger gTLDs; the requirement to use accredited
registrars has worked well for them. But it has not always worked as well
for very small, specialized gTLDs. The possible impact on the latter is that
they can be at the mercy of registrars for whom there is no good business
reason to devote resources. In the New gTLD PDP, it was noted that this
requirement would be less of a problem if the impacted registry would become
a registrar for its own TLD, with appropriate controls in place. The RyC
agrees with this line of reasoning but current registry agreements forbid
registries from doing this. Dialog with the Registrars Constituency on this
topic was initiated and is ongoing, the goal being to mutually agree on
terms that could be presented for consideration and might provide a workable
solution."


Regards,
Bruce Tonkin