Re: [council] A way forward on the Specification 13 question

[Avri Doria <avri@xxxxxxx>]

Hi,

Apologies, but I find myself still confused by Volker's ammendment as it
still allows for:

> 1.    Registry Operator is exempt from complying with the requirements
> of Specification 9 to the Agreement, notwithstanding the provisions
> of Section 6 of Specification 9.
> 

What does this exemption entail?

avri


On 08-May-14 10:17, Avri Doria wrote:
> 
> 
> Thank you
> 
> On 08-May-14 09:51, Volker Greimann wrote:
>> 
>> Hi Avri,
>> 
>> as no policy exception would be required if both the amendment and
>> the motion pass, there would not be a need for a temporary spec. I
>> would be very cautious about allowing an exemption on a temporary 
>> basis as such temporary solutions have a tendency to solidify.
>> 
>> Best,
>> 
>> Volker
>> 
>> 
>> Am 08.05.2014 15:41, schrieb Avri Doria:
>>> Hi,
>>> 
>>> Would your amendments make Spec 13 a temporary measure to be 
>>> eliminated/modified if the PDP recommended it?  On first reading
>>> I did not think so.   I think that might also be an important
>>> consideration.
>>> 
>>> avri
>>> 
>>> On 08-May-14 09:13, Volker Greimann wrote:
>>>> Having reflected on the policy implications of the proposed
>>>> motion, I would like to propose to  amend the resolved clauses
>>>> of the motion to read as follows:
>>>> 
>>>> ----- 1.  that the */proposed /*right to only use up to three
>>>> exclusive registrars, as contained in Specification 13 is
>>>> inconsistent with Recommendation 19 as (i) the language of this
>>>> recommendation of the final report of the GNSO does not
>>>> stipulate any exceptions from the requirements to treat
>>>> registrars in a non-discriminatory fashion and (ii) the GNSO
>>>> new gTLDs Committee discussed potential exceptions at the time,
>>>> but did not include them in its recommendations, which is why
>>>> the lack of an exception cannot be seen as an unintended
>>>> omission, but a deliberate policy statement;
>>>> 
>>>> 2.  that the Council does not object to the implementation of 
>>>> Specification 13 /*subject to the removal of the clause
>>>> allowing a Registry */*/Operator to designate up to three
>>>> exclusive Registrars. /*
>>>> 
>>>> 3. that the Council requests the ICANN Board to implement
>>>> appropriate safeguards for /*this and */future new gTLD
>>>> application rounds to ensure that Recommendation 19 is not
>>>> eroded and that any rights granted to .BRAND TLDs cannot be
>>>> used for scenarios other than those specifically covered by
>>>> Specification 13;
>>>> 
>>>> 4. that the Council reserves the right to initiate a policy 
>>>> development process, potentially resulting in Consensus Policy
>>>> affecting both existing and future TLDs, */to assess whether
>>>> /**/exceptions to Recommendation 19 /**/*/or any subsequent
>>>> provisions /*should be allowable in this circumstance, and
>>>> under what criteria future requests would be considered. /*
>>>> 
>>>> -----
>>>> 
>>>> Changed/added language is marked in bold-cursive for easier
>>>> reference.
>>>> 
>>>> The amendments take into consideration the various concerns
>>>> voiced by many individuals including myself on the council list
>>>> in the past weeks. The amended motion would clarify the policy
>>>> position of the council while at the same time creating a way
>>>> forward for the community to find a practical solution. It
>>>> avoids the hollowing-out of policy recommendations at the
>>>> request of any one interest but offers a constructive path to
>>>> address any concerns with the existing policy recommendation.
>>>> 
>>>> Best regards,
>>>> 
>>>> Volker Greimann
>>>> 
>>>> 
>>>> 
>>>> Am 07.05.2014 17:21, schrieb Bret Fausett:
>>>>> I see that the motion does not yet have a second, so I would
>>>>> like to second the motion for tomorrow’s meeting.
>>>>> 
>>>>> -- Bret Fausett, Esq. • General Counsel, Uniregistry, Inc. 
>>>>> 12025 Waterfront Drive, Suite 200 • Playa Vista, CA
>>>>> 90094-2536 310-496-5755 (T) • 310-985-1351 (M) •
>>>>> bret@xxxxxxxxxxxxxxx <mailto:bret@xxxxxxxxxxxxxxx> — — — — —
>>>>> 
>>>>> 
>> 
>> 
>> 
> 
>