Perhaps what "management of TLD" mean for ICANN needs to be clarified and I like to get it clear through example. Is ICANN said to be "managing TLD" in the 2 broad scenarios below: 1. That ICANN by its policy/procedure approves specific TLD to certain applicant 2. That ICANN require an already assigned TLD be used/operated in a specific way. It seem 1 is within scope and 2 is where the question mark is, but how does ICANN fulfill item1 without implementing/enforcing some form of item 2. Regards On 14 Jan 2016 12:00 a.m., "Andrew Sullivan" <ajs@anvilwalrusden.com> wrote:
On Wed, Jan 13, 2016 at 05:50:00PM -0500, Avri Doria wrote:
Are incumbent gTLDs included within the "certain parts of the DNS" that ICANN should manage?
Actually, my view is that ICANN shouldn't manage TLDs at all. It should manage delegations from the root zone. Some of those delegations came with (more or less elaborate) rules around what made the delegation acceptable, and I can see my way to agreeing that ICANN should also be in a position to enforce such rules on the grounds that they were the basis for the original delegation (setting aside whether they should have been). Some continations of an agreement around delegation have also come with rules about what ICANN wanted as a basis for not finding a new operator of the enclosed name space; again, on the basis of existing commercial agreements I think ICANN should be in a position to enforce such rules.
I note that this enforcement includes a duty to escrow the TLD's registration data (for some value thereof) in such a way that, if the operator of the TLD in question were to misbehave, ICANN would be in a position to undertake a forced redelegation. But note that merely moves the actual management of the TLD itself to some other operator, and does not actually make ICANN the manager of that subordinate namespace.
Best regards,
A
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