RE: [registrars] ICANN Bylaws

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello Jon,

> Attached is a redline of changes to two sections of the ICANN Bylaws
that Network 
> Solutions is pursuing with the ICANN Board to address the breach of
trust 
> surrounding the .net contract approval process.  Any support would be
appreciated.
 
I support the proposed changes.
 
In addition you may want to add some language that requires ICANN to
explain the reasons for changes to standard form agreements such as the
Registrars Accreditation Agreement (RAA), and the ICANN registry
agreements.   Changes to these standard agreements affects many
contracts into the future.
 
What has happened recently is that the standard registry agreement that
has been signed by new operators (e.g .jobs, .travel) as well as .net,
has been changed.   Most of us did not realize that the agreements being
signed by the new sponsored gtld operators had changed from the
agreements previously signed by operators such as .museum, .biz etc.   I
believe that the proposed sponsored agreements had been posted, but none
of us (that I know of) knew of the significant changes.  I would have
assumed that they would have signed the same standard agreement as .biz,
.museum etc, with some appendices that were customised for the
particular TLD.
 
 
e.g replace:
"1. With respect to any policies or contracts that are being considered
by the Board for adoption or approval that substantially affect the
operation of the Internet or third parties, including the imposition of
any fees or charges, ICANN shall:

a. provide public notice on the Website explaining what policies or
contracts are being considered for adoption or approval and why, at
least twenty-one days (and if practical, earlier) prior to any action by
the Board; "

With
"1. With respect to any policies or contracts that are being considered
by the Board for adoption or approval that substantially affect the
operation of the Internet or third parties, including the imposition of
any fees or charges, ICANN shall:

a. provide public notice on the Website explaining what policies or
contracts are being considered for adoption or approval and why
(including an explanation of the reasons for any changes to the standard
terms of contracts such as registry or registrar agreements), at least
twenty-one days (and if practical, earlier) prior to any action by the
Board; "

I have added the text "(including an explanation of the reasons for any
changes to the standard terms of contracts such as registry or registrar
agreements)".


Regards,
Bruce Tonkin