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

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

You are correct that "disproportionate deletes" has not been defined in
either the proposed biz/info/org agreements or the executed .net or
proposed .com agreements.  

That said, if and when a proposal is submitted on how to deal with this
issue through the new gTLD Registry Services process, that question must
be addressed.  I do not have a definition for you at this time, but I
confess that we have not yet developed our proposal.

As to your question of whether a delete grace period is necessary, I
will leave that to the ICANN Community to decide through the ICANN
Policy Development Process.  I see both sides of the issue and agree
that in some instances the period is being used for purposes other than
for which it was established.  However, unless and until this legacy
requirement changes through the policy development process, we are
obligated to offer the delete grace period.  


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

NeuStar, Inc. 



-----Original Message-----
From: kidsearch [mailto:kidsearch@xxxxxxxxxxxxx] 
Sent: Wednesday, August 02, 2006 4:41 PM
To: Neuman, Jeff; ga@xxxxxxxxxxxxxx
Subject: Re: [ga] FW: Fee for disproportionate deletes in proposed .biz
contract

still doesn't define " disproportionate deletes' or why there is any
need at
all for a grace period that can be abused and is obviously being abused
ata
much higher rate than it is benefitting users.

----- Original Message ----- 
From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
To: <ga@xxxxxxxxxxxxxx>
Sent: Wednesday, August 02, 2006 4:01 PM
Subject: [ga] FW: Fee for disproportionate deletes in proposed .biz
contract


> 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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