[ga] FW: Fee for disproportionate deletes in proposed .biz contract

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

FYI, this was not previously posted to the list although Danny
referenced it in a previous post.



-----Original Message-----
From: Neuman, Jeff 
Sent: Wednesday, August 02, 2006 11:34 AM
To: 'Danny Younger'
Cc: jnevett@xxxxxxxxxxxxxxxxxxxx; ga@xxxxxxxxxxxxxx; vint@xxxxxxxxxx;
Neuman, Jeff; 'John Jeffrey'
Subject: RE: Fee for disproportionate deletes in proposed .biz contract

Danny,

I appreciate your question, but you may be making assumptions at this
point that are not based in fact.  There is a reference to
disproportionate deletes in both our Functional Specs (Appendix 7) and
in the Registry Registrar Agreement (Appendix 8)
(http://www.icann.org/tlds/agreements/biz/registry-agmt-app-28jul06.pdf)
, but there is no intent to charge any fees without going through
ICANN's new process for registry services.

In addition, I will note for the record, that this provision appears in
the already executed .net agreement and the ICANN-approved .com
agreement. More specifically, they state:

"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, that Registry Operator
shall have the right to charge Registrars a fee as set forth in its
Registry-Registrar Agreement for disproportionate deletes during the Add
Grace Period."  http://www.icann.org/tlds/agreements/net/appendix7.html
and
http://www.icann.org/topics/vrsn-settlement/revised-appendix7-clean-29ja
n06.pdf

Hope that help explain things.  Feel free to let me know if you have any
other questions.

 

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

NeuStar, Inc. 


-----Original Message-----
From: Danny Younger [mailto:dannyyounger@xxxxxxxxx] 
Sent: Wednesday, August 02, 2006 11:08 AM
To: Neuman, Jeff
Cc: jnevett@xxxxxxxxxxxxxxxxxxxx; ga@xxxxxxxxxxxxxx; vint@xxxxxxxxxx
Subject: Fee for disproportionate deletes in proposed .biz contract

Dear Jeff,

The proposed .biz contract includes on page 80 the
following statement:  "Fee for disproportionate
deletes during Add Grace Period."  

The amount of the fee is not stated nor is there a
definition provided of that which constitutes
"disproportionate".  Can we talk about this?

While I appreciate the proactive measures that you are
taking to deal with the "domain tasting" epidemic, I
remain of the belief that domain name policy issues
are best dealt with on the basis of a community
consensus-development process so that potentially
impacted parties may protect their right to a fair
hearing.  By enacting fees for disproportionate
deletes you will be impacting certain businesses and
registrars that have engaged in the domain tasting
practice.  While I abhor this particular practice, I
am of the view that the rights of these parties must
nonetheless be respected.  

I would appreciate your thoughts on the matter.

Best regards,
Danny Younger

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