For purposes of the discussion, I have attached a chart that sets out Registry Agreement Specification1 and Registrar Accreditation Agreement Specification 4, which describes what falls within the permissible scope of "Consensus Policy.” These specifications essentially articulate the scope of ICANN’s authority to unilaterally impose obligations on registries and registrars so long as those obligations (1) relate to a specified set of issues and (2) are developed through a bottom up process the demonstrates the proposal is supported by consensus. The document is summarized below:

1.2.1. issues for which uniform or coordinated resolution is reasonably necessary to facilitate interoperability, security and/or stability of the Internet, Registrar Services, Registry Services, or the Domain Name System ("DNS");

1.2.2. functional and performance specifications for the provision of Registrar [and Registry] Services;

1.2.3. registrar policies reasonably necessary to implement Consensus Policies relating to a gTLD registry;

1.2.4. resolution of disputes regarding the registration of domain names (as opposed to the use of such domain names, [REGISTRARS: but including where such policies take into account use of the domain names)]; or

1.2.5. restrictions on cross-ownership of registry operators and registrars or Resellers and regulations and restrictions with respect to registrar and registry operations and the use of registry and registrar data in the event that a registry operator and a registrar or Reseller are affiliated.

The policy goes on to say that these issues include, without limitation:

principles for allocation of registered names in a TLD (e.g., first-come/first-served, timely renewal, holding period after expiration);

prohibitions on warehousing of or speculation in domain names by registries or registrars;

reservation of registered names in a TLD that may not be registered initially or that may not be renewed due to reasons reasonably related to (i) avoidance of confusion among or misleading of users, (ii) intellectual property, or (iii) the technical management of the DNS or the Internet (e.g., establishment of reservations of names from registration);

maintenance of and access to accurate and up-to-date information concerning Registered Names and name servers;

procedures to avoid disruptions of domain name registrations due to suspension or termination of operations by a registry operator or a registrar, including procedures for allocation of responsibility among continuing registrars of the Registered Names sponsored in a TLD by a registrar losing accreditation; and

the transfer of registration data upon a change in registrar sponsoring one or more Registered Names.