March 2008 - council - lists.icann.org

Fast Flux DNS
by Mike Rodenbaugh 11 Apr '08

11 Apr '08

Hello, I propose the following motion for Council consideration in our next meeting on March 7th, may I please have a 'second'? Thanks, Mike Rodenbaugh Whereas, "fast flux" DNS changes are increasingly being used to commit crime and frustrate law enforcement efforts to combat crime, with criminals rapidly modifying IP addresses and/or nameservers in effort to evade detection and shutdown of their criminal website; Whereas, the Security and Stability Advisory Committee has reported on this trend in its Advisory SAC 025, dated January 2008: http://www.icann.org/committees/security/sac025.pdf/ Whereas, the SSAC Advisory describes the technical aspects of fast flux hosting, explains how DNS is being exploited to abet criminal activities, discusses current and possible methods of mitigating this activity, and recommends that appropriate bodies consider policies that would make practical mitigation methods universally available to all registrants, ISPs, registrars and registries, Whereas, the GNSO is likely an appropriate party to consider such policies The GNSO Council RESOLVES: ICANN Staff shall prepare an Issues Report with respect to "fast flux" DNS changes, for deliberation by the GNSO Council. Specifically the Staff shall consider the SAC Advisory, and shall outline potential next steps for GNSO policy development designed to mitigate the current ability for criminals to exploit the DNS via "fast flux" IP or nameserver changes.

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corrected fast flux report
by Liz Gasster 31 Mar '08

31 Mar '08

All, I have corrected the fast flux issues report that I circulated last week to delete footnote 6 on page 11 and to correct the text of footnote 8. These corrections delete references to PIR that turn out to be inaccurate. These are the only changes that were made in this corrected version. The corrected document has been posted to the GNSO page, http://gnso.icann.org/issues/fast-flux-hosting/gnso-issues-report-fast-flux… . Thanks, Liz

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Information for the Face to Face discussion in LA
by Avri Doria 31 Mar '08

31 Mar '08

Dear Denise and Kurt, , I wanted to reiterate a request from our last meeting that was carried over from before the New Delhi meeting for copies of the implementation notes that the staff have been providing to the Board relating to the recommendation made by the council for new gTLDs. I understood that these notes would be made available once some confidential information contained in those reports had been redacted. It is especially important that the council members get these materials, plus any specific materials related to the meeting as soon as possible so that there may be time for council members to discuss within their constituencies whatever issues it is that the staff will be broaching with those in attendance. I have been given to understand that there are some issues that the staff needs to consult with the council on, but as this point have no idea what the questions are to be. Having a list of the issues to be discussed as soon as possible is also important in informing any other constituency members and community members who might be interested in attending these meetings as observers. Thank you Avri Doria

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Discussion Draft of Interim Report of IDNC WG for Public Comments
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 31 Mar '08

31 Mar '08

[To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] [To: ga[at]gnso.icann.org; announce[at]gnso.icann.org] [To: regional-liaisons[at]icann.org] Discussion Draft of Interim Report of IDNC WG for Public Comments Public comments open till 25 April 2008 (31 March 2008) The Draft Report is available here. http://ccnso.icann.org/workinggroups/idnc-proposed-methodology-31mar08.pdf This is a first Discussion Draft of the Interim Report of the IDNC Working Group (IDNC WG). It is published for comment and input from the ICANN community. This document has not been signed-off on by the IDNC Working Group whose members will continue to provide their own comments and input during this consultation period. The IDNC WG was charted by ICANN's Board to develop and report on feasible methods, if any, that would enable the introduction, in a timely manner and in a manner that ensures the continued security and stability of the Internet, of a limited number of non-contentious IDN ccTLDs, associated with the ISO 3166-1 two-letter codes (both the official code list of ISO 3166-1 and the list of reserved ISO 3166-1 code elements), while the overall IDN ccTLD policy is being developed. The scope of the IDNC WG is limited to developing feasible methods (for the introduction of a limited number of IDN ccTLDs) that do not pre-empt the policy outcomes of the IDN cc Policy Development Process (ccPDP) for which an Issue Report is currently being prepared. Under the IDNC WG charter, in considering feasible fast track methods, the IDNC WG must take into account and be guided by: The overarching requirement to preserve the security and stability of the DNS; Compliance with the IDNA protocols; Input and advice from the technical community in respect to the implementation of IDNs; Current practices for the delegation of ccTLDs. As indicated in the draft Initial Report the fast track approach requires two specific mechanisms which are addressed in this report: A mechanism for the selection of the IDN ccTLD string (See Section 3 of the report); and A mechanism to designate an IDN ccTLD manager (See Section 4 of the report). The purpose of this report is to inform and report to the community on the topics and issues as identified by the IDNC WG that need to be considered in developing each of the two mechanisms, and to seek input and comments on them. This report, and the comments received, will be used to structure and propose potential mechanisms in the next phase of the fast track (See Section 5 of the report for the Interim Report Schedule). As stated above, the outcome of the fast track cannot pre-empt the outcome of the ccPDP. All of the issues/topics raised regarding the fast track mechanisms also are being raised under the ccPDP. Thus, the solutions reached for the purposes of the fast track, out of necessity, have to be as limited as possible. Comments on this report are encouraged to be submitted by 25 April via email to idn-cctld-fast-track(a)icann.org. An archive of all comments received will be publicly posted at http://forum.icann.org/lists/idn-cctld-fast-track/. Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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RE: [gnso-dt-wg] FW: Summary of public comments on a draft GNSO Council resolution to curb domain tasting
by Rosette, Kristina 31 Mar '08

31 Mar '08

Jeff, I read the updated Registry Constituency Statement to mean that it already opposes the motion. Is that a correct interpretation? If so, then references to registry opposition in your comments below would seem to be moot. K ________________________________ From: owner-gnso-dt-wg(a)icann.org [mailto:owner-gnso-dt-wg@icann.org] On Behalf Of Neuman, Jeff Sent: Monday, March 31, 2008 4:34 PM To: Liz Gasster; gnso-dt-wg(a)icann.org Cc: Council GNSO Subject: RE: [gnso-dt-wg] FW: Summary of public comments on a draft GNSO Council resolution to curb domain tasting All, To start some discussion on these public comments on the recommendations in the Additional Analysis Section, I just wanted to give some of my thoughts: * Comments on "extraordinary circumstances" provision of the pending draft motion. Several comments voice concern that the language would provide a loophole and be unenforceable. ED, INTA, HL, Dell. INTA suggests adding an illustrative list of the types of circumstances that would be considered "extraordinary". Jeff Neuman - I disagree this is a loophole and believe that fears are overstated and I would recommend not addressing this in the motion as it will just result in delay. There is no way we will be able to develop an exhaustive list. This is why we have review periods built in....if there are problems, the review period will address them. * Concerns about the need for stepped up enforcement. DF, JW, CADNA Jeff Neuman - Not sure what to say here, except this is a comment for ICANN staff. Is there more insight into this? * There were specific recommendations to change certain provisions in the draft motion, as follows: * In the clause that states: "During any given month, an Applicable gTLD Operator may not offer any refund to a registrar for any domain names deleted during the AGP that exceed (i) 10% of that registrar's net new registrations in that month", change "may not" to "shall not". INTA, HL, Dell Jeff Neuman - This is the problem with comments being submitted by lawyers (and not contract attorneys) :-) Seriously, if the above language were in a contract ("may not"), there is no difference between that and "shall not". While the words "may" and "shall" have different meanings if used in contracts, "may not" and "shall not" have the same meaning. For example, stating Registry "may" offer a refund has a different meaning than "shall offer a refund," but "may not" and "shall not" are the same. Both are mandatory. Lets not over lawyer a GNSO motion. Remember, the GNSO is not responsible for crafting contract language, but rather just policies. That said, I would be happy to hear other thoughts on this. * Provide specific guidance as to the meaning of "regularly" in paragraph 1.b of the motion, regarding the frequency of circumstance that would not be considered extraordinary. INTA, Dell Jeff Neuman - Disagree with this comments for same reasons as the first comment on "extraordinary circumstances." This too would be over-lawyering and I believe would result in delay. Again, there is a review period to address this. * Require public disclosure of information that is required to be reported by applicable gTLD operators. INTA Jeff Neuman - I disagree with this comment. It should be disclosed to ICANN, but not to the public. For example, lets say a registrar's systems are hacked into and this results in a number of registrations that need to be deleted within the AGP. The number of registrations end up constituting more than 10% of their adds for a specific TLD. An exemption is granted by the Registry for the additional deletes. This potentially embarrassing information is no business for the pubic at large. It is up to ICANN to enforce these policies. The registries would oppose this and I am fairly confident the registrars would as well. * Establish time frames for implementation. INTA Jeff Neuman - The .com agreement states: "Registry Operator shall be afforded a reasonable period of time following notice of the establishment of a Consensus Policy or Temporary Specifications or Policies in which to comply with such policy or specification, taking into account any urgency involved." This is an issue for ICANN staff. The implementation of a Consensus Policy is not a matter of "policy", but rather contract and is outside of the "picket fence." Changing the motion to provide a time frame for implementation would likely garner opposition from the registries and would result in significant delay. Thanks. Jeffrey J. Neuman, Esq. Sr. Director, Law, Advanced Services & Business Development NeuStar, Inc. e-mail: Jeff.Neuman(a)Neustar.us <mailto:Jeff.Neuman@Neustar.us> ________________________________ From: owner-gnso-dt-wg(a)icann.org [mailto:owner-gnso-dt-wg@icann.org] On Behalf Of Liz Gasster Sent: Monday, March 31, 2008 3:12 PM To: gnso-dt-wg(a)icann.org Cc: Council GNSO Subject: [gnso-dt-wg] FW: Summary of public comments on a draft GNSO Council resolution to curb domain tasting Forwarded is staff's summary of the public comments received within the public comment period. It should be posted shortly to the public comments page for this topic. http://www.icann.org/public_comment/#domain-tasting Thanks, Liz ________________________________ From: Liz Gasster Sent: Monday, March 31, 2008 12:07 PM To: 'domain-tasting-motion(a)icann.org' Cc: 'GNSO.SECRETARIAT(a)GNSO.ICANN.ORG' Subject: Summary of public comments on a draft GNSO Council resolution to curb domain tasting Summary and analysis of public comments on a draft GNSO Council resolution to curb domain tasting Comment period: 7 March 2008 - 28 March 2008 Summary published: 31 March 2008 Prepared by: Liz Gasster, Senior Policy Counselor, ICANN staff Background: In spring 2007, the At Large Advisory Committee (ALAC), asked the GNSO Council to review the subject of "domain tasting". The term domain tasting refers to a case when someone registers a domain name and then tests to see if the name has sufficient traffic to provide more income than the annual registration fee (usually through pay-per-click advertising). If the address is deemed profitable, it is kept. If not, the current "add grace period" - where domains can be returned within five days without cost - is used to return the domain at no net cost to the registrant. There has been a significant increase in the number of domains registered and returned and some are concerned that the add-grace period represents a loophole that facilitates this conduct. In response to the ALAC's request, the GNSO Council requested that ICANN staff prepare an issues paper for review and discussion. The GNSO Council discussed the Issues Report <http://gnso.icann.org/issues/domain-tasting/gnso-domain-tasting-report- 14jun07.pdf> at ICANN's San Juan meeting in June 2007, and created a working group to gather more information. The working group published an Outcomes Report <http://gnso.icann.org/drafts/gnso-domain-tasting-adhoc-outcomes-report- final.pdf> in October 2007 which suggested three terms of reference for next steps, as follows: 1. Review and assess all the effects of domain tasting activities that have been identified. 2. Judge whether the overall effects justify measures to be taken to impede domain tasting. 3. If the answer to 2 is affirmative, then consider the potential impacts of various measures on the Constituencies, and recommend measures designed to impede domain tasting. As a result of both reports, the GNSO Council decided on 31 October 2007 to launch a formal policy development process (PDP) into domain tasting. An Initial Report <http://gnso.icann.org/issues/domain-tasting/gnso-initial-report-domain- tasting-07jan08.pdf> was produced for public comment, outlining the policy development process, possible actions to be taken to curb domain tasting including changes to the add grace period, and the impact of potential measures on the GNSO constituencies. Public comments have been incorporated into a draft Final Report, http://www.gnso.icann.org/drafts/draft-final-report-domain-tasting-08feb 08.pdf (posted 8 February), which has been supplied to the GNSO Council for its review and further action on the PDP. Following the launch of the PDP, a small drafting group of the GNSO Council drafted a motion that would restrict the applicability of the AGP to a maximum of 50 deletes per registrar per month or 10% of that registrar's net new monthly domain name registrations, whichever is greater. This proposal is the subject of this 21-day public comment period. The specific language of the draft motion is set forth in Attachment I. Also on 31 October, the GNSO voted to encourage ICANN staff to consider applying the annual fee to all registrations and staff is pursuing incorporating this change in the context of the upcoming budget proposal. Subsequently, on 29 January 2008, the ICANN Board recommended that ICANN charge the annual fee for all registrations. Though not specifically solicited at this time, many of the comments received also offered comments on this pending proposal. General comments: A total of 41 public comments were received during the public comment period. Of those, 15 were multiple postings by the same individuals reinforcing previous points (many of which were also email threads also posted to other lists). 22 of the 26 non-duplicative comments received agreed that steps should be taken to curb domain tasting. Four comments do not object to domain tasting. JE, GC, FVS, KT. One comment (KT) emphasized the importance of distinguishing between domain tasting and domain "kiting", referred to by that commenter as "the re-registration of a domain name by the same registrar when it is dropped..." The 22 remaining comments reflect a plurality of views on the best course of action that should be taken to reduce domain tasting. Viewpoints coalesced around three of the options that have been most widely discussed, as follows: 1. Nine comments support the pending draft motion to prohibit gTLD operators from offering any refund to a registrar for any domain names deleted during the AGP that exceed (i) 10% of that registrar's net new registrations in that month (defined as total new registrations less domains deleted during AGP), or (ii) fifty (50) domain names, whichever is greater. ED, Neustar, INTA, YAHOO, CADNA, HL, eBAY, PayPal, Dell. Several of these comments emphasize important improvements that are needed, these are described further below. Several of these comments suggest that they would prefer outright elimination of the add grace period (INTA, eBAY, perhaps others), but are supporting this option as an initial policy step to assess whether it would be effective in significantly curbing domain tasting, before pushing for tougher measures. 2. Seven comments support elimination of the add grace period entirely. PS, AN, CM, DF, JW, TLDA, JT. These comments have the view that other measures, such as the approach contained in the proposed motion, will not be effective in curbing domain tasting. These comments also take the view that the primary reason that registrars want to preserve the AGP, such as to address typographical errors and other registration mistakes, can be better addressed by implementing a "double opt-in" purchase verification system. These comments also cite the ability of registrars to employ other more effective means to substitute for reliance on the AGP, such as measures to detect fraud and other uses identified by registrars. One comment supports reducing the AGP to 24 hours. IDOA. 3. Four comments support the proposed change to the ICANN budget that would charge the $.20 fee for all registrations. PJ, JAW, ICA, USCIB. Two of these three comments raise concerns with other options and view the budget option as an essential first step. USCIB leaves open the possibility of supporting other options that might also be effective in its view. Two comments specifically object to the option of revising the budget. Neustar, CM In addition, two comments objected to the draft motion but did not voice support for any other options. JA, JH Additional analysis: In addition to commenting on the threshold questions discussed above, several comments raised important details that are noted below: * Comments on "extraordinary circumstances" provision of the pending draft motion. Several comments voice concern that the language would provide a loophole and be unenforceable. ED, INTA, HL, Dell. INTA suggests adding an illustrative list of the types of circumstances that would be considered "extraordinary". * Concerns about the need for stepped up enforcement. DF, JW, CADNA * There were specific recommendations to change certain provisions in the draft motion, as follows: * In the clause that states: "During any given month, an Applicable gTLD Operator may not offer any refund to a registrar for any domain names deleted during the AGP that exceed (i) 10% of that registrar's net new registrations in that month", change "may not" to "shall not". INTA, HL, Dell * Provide specific guidance as to the meaning of "regularly" in paragraph 1.b of the motion, regarding the frequency of circumstance that would not be considered extraordinary. INTA, Dell * Require public disclosure of information that is required to be reported by applicable gTLD operators. INTA * Establish time frames for implementation. INTA Next Steps: Staff will incorporate these comments, and any updated constituency statements received, into a final report by 4 April 2008. The GNSO Council will then review and consider these comments and the final report. The Council is scheduled to consider the matter further, including motions that may be drafted or updated prior to its scheduled 17 April meeting. Contributors, in order of first appearance (with abbreviation) and number of postings if more than one: Paul Scheufler (PS) Eduardo Diaz (ED) John Erickson (JE) Pamela Jones (PJ) Jeff Neuman for Neustar (Neustar) Jack Avilar (JA) - 2 submissions Anon "domain tasting" (AN) James Walker (JAW) Chris McElroy (CM) - 4 submissions Gilbert Cheung (GC) Dominik Filipp (DF) - 6 submissions Jeff Williams (JW) - 5 submissions Claudio DiGangi for the International Trademark Association (INTA) Karl Peters for TLDA (TLDA) - 2 submissions Freddy VanSant (FVS) J. Scott Evans for Yahoo (Yahoo) Karen Thompson (KT) Phil Corwin for the Internet Commerce Association (ICA) Jacob Hearst (JH) Joop Teernstra (JT) Philip Lodico for the Coalition Against Domain Name Abuse (CADNA) Cameron Smith for Herbalife (HL) Matt Hooker for the Internet Domain Owners Association (IDOA) Susan Kawaguchi for PayPal (PayPal) Susan Kawaguchi for eBay (eBay) Christopher Martin for USCIB (USCIB) - [sent to ICANN staff, should be posted] Attachment I - Resolution on domain tasting approved 6 March 2008 Whereas, the GNSO Council has discussed the Issues Report on Domain Tasting and the Final Outcomes Report of the ad hoc group on Domain Tasting; Whereas, the GNSO Council resolved on 31 October 2007 to launch a PDP on Domain Tasting; Whereas, the GNSO Council authorized on 17 January 2008 the formation of a small design team to develop a plan for the deliberations on the Domain Tasting PDP (the "Design Team"), the principal volunteers to which had been members of the Ad Hoc Group on Domain Tasting and were well-informed of both the Final Outcomes Report of the Ad Hoc Group on Domain Tasting and the GNSO Initial Report on Domain Tasting (collectively with the Issues Report, the "Reports on Domain Tasting"); Whereas, the GNSO Council has received the Draft Final Report on Domain Tasting; Whereas, PIR, the .org registry operator, has amended its Registry Agreement to charge an Excess Deletion Fee; and both NeuStar, the .biz registry operator, and Afilias, the .info registry operator, are seeking amendments to their respective Registry Agreements to modify the existing AGP; The GNSO Council recommends to the ICANN Board of Directors that: 1. The applicability of the Add Grace Period shall be restricted for any gTLD which has implemented an AGP ("Applicable gTLD Operator"). Specifically, for each Applicable gTLD Operator: a. During any given month, an Applicable gTLD Operator may not offer any refund to a registrar for any domain names deleted during the AGP that exceed (i) 10% of that registrar's net new registrations in that month (defined as total new registrations less domains deleted during AGP), or (ii) fifty (50) domain names, whichever is greater. b. A Registrar may seek an exemption from the application of such restriction in a specific month, upon the documented showing of extraordinary circumstances. For any Registrar requesting such an exemption, the Registrar must confirm in writing to the Registry Operator how, at the time the names were deleted, these extraordinary circumstances were not known, reasonably could not have been known, and were outside of the Registrar's control. Acceptance of any exemption will be at the sole reasonable discretion of the Registry Operator, however "extraordinary circumstances" which reoccur regularly will not be deemed extraordinary. c. In addition to all other reporting requirements to ICANN, each Applicable gTLD Operator shall identify each Registrar that has sought an exemption, along with a brief descriptive identification of the type of extraordinary circumstance and the action (if any) that was taken by the Applicable gTLD Operator. 2. Implementation and execution of these recommendations shall be monitored by the GNSO. Specifically; a. ICANN Staff shall analyze and report to the GNSO at six month intervals for two years after implementation, until such time as the GNSO resolves otherwise, with the goal of determining; i. How effectively and to what extent the policies have been implemented and followed by Registries and Registrars, and ii. Whether or not modifications to these policies should be considered by the GNSO as a result of the experiences gained during the implementation and monitoring stages, b. The purpose of these monitoring and reporting requirements are to allow the GNSO to determine when, if ever, these recommendations and any ensuing policy require additional clarification or attention based on the results of the reports prepared by ICANN Staff.

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FW: Summary of public comments on a draft GNSO Council resolution to curb domain tasting
by Liz Gasster 31 Mar '08

31 Mar '08

Forwarded is staff's summary of the public comments received within the public comment period. It should be posted shortly to the public comments page for this topic. http://www.icann.org/public_comment/#domain-tasting Thanks, Liz ________________________________ From: Liz Gasster Sent: Monday, March 31, 2008 12:07 PM To: 'domain-tasting-motion(a)icann.org' Cc: 'GNSO.SECRETARIAT(a)GNSO.ICANN.ORG' Subject: Summary of public comments on a draft GNSO Council resolution to curb domain tasting Summary and analysis of public comments on a draft GNSO Council resolution to curb domain tasting Comment period: 7 March 2008 - 28 March 2008 Summary published: 31 March 2008 Prepared by: Liz Gasster, Senior Policy Counselor, ICANN staff Background: In spring 2007, the At Large Advisory Committee (ALAC), asked the GNSO Council to review the subject of "domain tasting". The term domain tasting refers to a case when someone registers a domain name and then tests to see if the name has sufficient traffic to provide more income than the annual registration fee (usually through pay-per-click advertising). If the address is deemed profitable, it is kept. If not, the current "add grace period" - where domains can be returned within five days without cost - is used to return the domain at no net cost to the registrant. There has been a significant increase in the number of domains registered and returned and some are concerned that the add-grace period represents a loophole that facilitates this conduct. In response to the ALAC's request, the GNSO Council requested that ICANN staff prepare an issues paper for review and discussion. The GNSO Council discussed the Issues Report<http://gnso.icann.org/issues/domain-tasting/gnso-domain-tasting-report-14ju…> at ICANN's San Juan meeting in June 2007, and created a working group to gather more information. The working group published an Outcomes Report<http://gnso.icann.org/drafts/gnso-domain-tasting-adhoc-outcomes-report-fina…> in October 2007 which suggested three terms of reference for next steps, as follows: 1. Review and assess all the effects of domain tasting activities that have been identified. 2. Judge whether the overall effects justify measures to be taken to impede domain tasting. 3. If the answer to 2 is affirmative, then consider the potential impacts of various measures on the Constituencies, and recommend measures designed to impede domain tasting. As a result of both reports, the GNSO Council decided on 31 October 2007 to launch a formal policy development process (PDP) into domain tasting. An Initial Report<http://gnso.icann.org/issues/domain-tasting/gnso-initial-report-domain-tast…> was produced for public comment, outlining the policy development process, possible actions to be taken to curb domain tasting including changes to the add grace period, and the impact of potential measures on the GNSO constituencies. Public comments have been incorporated into a draft Final Report, http://www.gnso.icann.org/drafts/draft-final-report-domain-tasting-08feb08.… (posted 8 February), which has been supplied to the GNSO Council for its review and further action on the PDP. Following the launch of the PDP, a small drafting group of the GNSO Council drafted a motion that would restrict the applicability of the AGP to a maximum of 50 deletes per registrar per month or 10% of that registrar's net new monthly domain name registrations, whichever is greater. This proposal is the subject of this 21-day public comment period. The specific language of the draft motion is set forth in Attachment I. Also on 31 October, the GNSO voted to encourage ICANN staff to consider applying the annual fee to all registrations and staff is pursuing incorporating this change in the context of the upcoming budget proposal. Subsequently, on 29 January 2008, the ICANN Board recommended that ICANN charge the annual fee for all registrations. Though not specifically solicited at this time, many of the comments received also offered comments on this pending proposal. General comments: A total of 41 public comments were received during the public comment period. Of those, 15 were multiple postings by the same individuals reinforcing previous points (many of which were also email threads also posted to other lists). 22 of the 26 non-duplicative comments received agreed that steps should be taken to curb domain tasting. Four comments do not object to domain tasting. JE, GC, FVS, KT. One comment (KT) emphasized the importance of distinguishing between domain tasting and domain "kiting", referred to by that commenter as "the re-registration of a domain name by the same registrar when it is dropped..." The 22 remaining comments reflect a plurality of views on the best course of action that should be taken to reduce domain tasting. Viewpoints coalesced around three of the options that have been most widely discussed, as follows: 1. Nine comments support the pending draft motion to prohibit gTLD operators from offering any refund to a registrar for any domain names deleted during the AGP that exceed (i) 10% of that registrar's net new registrations in that month (defined as total new registrations less domains deleted during AGP), or (ii) fifty (50) domain names, whichever is greater. ED, Neustar, INTA, YAHOO, CADNA, HL, eBAY, PayPal, Dell. Several of these comments emphasize important improvements that are needed, these are described further below. Several of these comments suggest that they would prefer outright elimination of the add grace period (INTA, eBAY, perhaps others), but are supporting this option as an initial policy step to assess whether it would be effective in significantly curbing domain tasting, before pushing for tougher measures. 2. Seven comments support elimination of the add grace period entirely. PS, AN, CM, DF, JW, TLDA, JT. These comments have the view that other measures, such as the approach contained in the proposed motion, will not be effective in curbing domain tasting. These comments also take the view that the primary reason that registrars want to preserve the AGP, such as to address typographical errors and other registration mistakes, can be better addressed by implementing a "double opt-in" purchase verification system. These comments also cite the ability of registrars to employ other more effective means to substitute for reliance on the AGP, such as measures to detect fraud and other uses identified by registrars. One comment supports reducing the AGP to 24 hours. IDOA. 3. Four comments support the proposed change to the ICANN budget that would charge the $.20 fee for all registrations. PJ, JAW, ICA, USCIB. Two of these three comments raise concerns with other options and view the budget option as an essential first step. USCIB leaves open the possibility of supporting other options that might also be effective in its view. Two comments specifically object to the option of revising the budget. Neustar, CM In addition, two comments objected to the draft motion but did not voice support for any other options. JA, JH Additional analysis: In addition to commenting on the threshold questions discussed above, several comments raised important details that are noted below: * Comments on "extraordinary circumstances" provision of the pending draft motion. Several comments voice concern that the language would provide a loophole and be unenforceable. ED, INTA, HL, Dell. INTA suggests adding an illustrative list of the types of circumstances that would be considered "extraordinary". * Concerns about the need for stepped up enforcement. DF, JW, CADNA * There were specific recommendations to change certain provisions in the draft motion, as follows: * In the clause that states: "During any given month, an Applicable gTLD Operator may not offer any refund to a registrar for any domain names deleted during the AGP that exceed (i) 10% of that registrar's net new registrations in that month", change "may not" to "shall not". INTA, HL, Dell * Provide specific guidance as to the meaning of "regularly" in paragraph 1.b of the motion, regarding the frequency of circumstance that would not be considered extraordinary. INTA, Dell * Require public disclosure of information that is required to be reported by applicable gTLD operators. INTA * Establish time frames for implementation. INTA Next Steps: Staff will incorporate these comments, and any updated constituency statements received, into a final report by 4 April 2008. The GNSO Council will then review and consider these comments and the final report. The Council is scheduled to consider the matter further, including motions that may be drafted or updated prior to its scheduled 17 April meeting. Contributors, in order of first appearance (with abbreviation) and number of postings if more than one: Paul Scheufler (PS) Eduardo Diaz (ED) John Erickson (JE) Pamela Jones (PJ) Jeff Neuman for Neustar (Neustar) Jack Avilar (JA) - 2 submissions Anon "domain tasting" (AN) James Walker (JAW) Chris McElroy (CM) - 4 submissions Gilbert Cheung (GC) Dominik Filipp (DF) - 6 submissions Jeff Williams (JW) - 5 submissions Claudio DiGangi for the International Trademark Association (INTA) Karl Peters for TLDA (TLDA) - 2 submissions Freddy VanSant (FVS) J. Scott Evans for Yahoo (Yahoo) Karen Thompson (KT) Phil Corwin for the Internet Commerce Association (ICA) Jacob Hearst (JH) Joop Teernstra (JT) Philip Lodico for the Coalition Against Domain Name Abuse (CADNA) Cameron Smith for Herbalife (HL) Matt Hooker for the Internet Domain Owners Association (IDOA) Susan Kawaguchi for PayPal (PayPal) Susan Kawaguchi for eBay (eBay) Christopher Martin for USCIB (USCIB) - [sent to ICANN staff, should be posted] Attachment I - Resolution on domain tasting approved 6 March 2008 Whereas, the GNSO Council has discussed the Issues Report on Domain Tasting and the Final Outcomes Report of the ad hoc group on Domain Tasting; Whereas, the GNSO Council resolved on 31 October 2007 to launch a PDP on Domain Tasting; Whereas, the GNSO Council authorized on 17 January 2008 the formation of a small design team to develop a plan for the deliberations on the Domain Tasting PDP (the "Design Team"), the principal volunteers to which had been members of the Ad Hoc Group on Domain Tasting and were well-informed of both the Final Outcomes Report of the Ad Hoc Group on Domain Tasting and the GNSO Initial Report on Domain Tasting (collectively with the Issues Report, the "Reports on Domain Tasting"); Whereas, the GNSO Council has received the Draft Final Report on Domain Tasting; Whereas, PIR, the .org registry operator, has amended its Registry Agreement to charge an Excess Deletion Fee; and both NeuStar, the .biz registry operator, and Afilias, the .info registry operator, are seeking amendments to their respective Registry Agreements to modify the existing AGP; The GNSO Council recommends to the ICANN Board of Directors that: 1. The applicability of the Add Grace Period shall be restricted for any gTLD which has implemented an AGP ("Applicable gTLD Operator"). Specifically, for each Applicable gTLD Operator: a. During any given month, an Applicable gTLD Operator may not offer any refund to a registrar for any domain names deleted during the AGP that exceed (i) 10% of that registrar's net new registrations in that month (defined as total new registrations less domains deleted during AGP), or (ii) fifty (50) domain names, whichever is greater. b. A Registrar may seek an exemption from the application of such restriction in a specific month, upon the documented showing of extraordinary circumstances. For any Registrar requesting such an exemption, the Registrar must confirm in writing to the Registry Operator how, at the time the names were deleted, these extraordinary circumstances were not known, reasonably could not have been known, and were outside of the Registrar's control. Acceptance of any exemption will be at the sole reasonable discretion of the Registry Operator, however "extraordinary circumstances" which reoccur regularly will not be deemed extraordinary. c. In addition to all other reporting requirements to ICANN, each Applicable gTLD Operator shall identify each Registrar that has sought an exemption, along with a brief descriptive identification of the type of extraordinary circumstance and the action (if any) that was taken by the Applicable gTLD Operator. 2. Implementation and execution of these recommendations shall be monitored by the GNSO. Specifically; a. ICANN Staff shall analyze and report to the GNSO at six month intervals for two years after implementation, until such time as the GNSO resolves otherwise, with the goal of determining; i. How effectively and to what extent the policies have been implemented and followed by Registries and Registrars, and ii. Whether or not modifications to these policies should be considered by the GNSO as a result of the experiences gained during the implementation and monitoring stages, b. The purpose of these monitoring and reporting requirements are to allow the GNSO to determine when, if ever, these recommendations and any ensuing policy require additional clarification or attention based on the results of the reports prepared by ICANN Staff.

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GNSO Council resolutions passed on 27 March 2008
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 28 Mar '08

28 Mar '08

[To: council[at]gnso.icann.org] Dear Council Members, Ahead of the complete minutes, please find the motions that were passed by the GNSO Council at the teleconference on Thursday, 27 March, 2008. Kind regards, Glen ............................................................................... Motion 1 ========= The GNSO Council resolved to confirm the election results of Rita Rodin in ICANN Board seat number 14. The motion passed unanimously by voice vote. Motion 2 ========= Whereas: On 31 October 2007 the Council passed a motion to “. . . initiate the following sequential actions: 1) Council shall provide additional definition regarding the potential data gathering and study requirements 2) staff shall provide the Council with rough cost estimates for various components of data gathering and studies no later than February 15th, 2008; 3) the Council will decide what data gathering and studies would be pursued; and 4) staff will perform the resulting data gathering and studies and report the results back to the Council” (resolution 20071031-3) On 6 December 2007 the Council initiated the formation of a group of volunteers to develop a proposed “format to solicit what studies should be undertaken”. On 20 December 2007 the Council reviewed and discussed the WHOIS template developed by the group and approved it with one additional column under potential sources of data, asking proposers to comment on the challenges of sourcing that data. From 8 January through 15 February 2008 a public comment period was held soliciting suggestions from the community for specific topics of study on WHOIS that community stakeholders recommend be conducted. A report titled ‘Report on Public Suggestions on Further Studies of WHOIS’ and dated 25 February 2008 summarized the study suggestions and comments received during the public comment period (http://gnso.icann.org/issues/whois-privacy/whois-study-suggestion-report-25… ) Resolved to form a group of volunteers to: 1. Review and discuss the ‘Report on Public Suggestions on Further Studies of WHOIS’ 2. Develop a proposed list, if any, of recommended studies for which ICANN staff will be asked to provide cost estimates to the Council 3. Deliver the list of recommendations with supporting rationale not later than 24 April 2008. Passed Unanimously Motion 3 ========= Whereas Council members are from time to time disenfranchised from voting by the current ICANN by-laws, http://www.icann.org/general/bylaws.htm Council requests the Board to adopt the following change to the bylaws drafted by the ICANN general council's office to permit absentee voting in certain specific circumstances. Add to:ICANN Bylaws ARTICLE X: Section 3. 8 c. Absentee voting. Members that are absent from a meeting at the time of a vote on whether to initiate a PDP, forward a policy recommendation to the Board, or fill a position open for election may vote by absentee ballot. The GNSO Secretariat will provide reasonable means for transmitting and authenticating absentee ballots, which could include voting by telephone, e-mail, or web-based interface. Absentee ballots must be submitted within 72 hours after the start of the meeting in which a vote is initiated, except that in exceptional circumstances announced at the time of the vote the Chair may reduce this time to 24 hours or extend the time to 7 days. Passed Unanimously -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Jury Duty
by Gomes, Chuck 28 Mar '08

28 Mar '08

Please be aware that I was seated and sworn in yesterday as a juror for a trial that will last at least three weeks and maybe longer. That will limit my availability for conference calls to when I am not in court. The court is in session for the case only Monday through Thursday excluding State holidays and typically meets from 9 am to 4:30 pm PDT with about an hour and a half lunch break and other short breaks. I also expect lots of times when the jury will have to wait outside the courtroom, when I can use my Treo to catch up on calls and email. I plan to do my best to keep up on Council work by not only using free time in the courthouse but also early morning time, evening time, Fridays and weekends. Regarding our Council meetings, for any day except Friday, the following times will work best for me except in cases where I have other conflicting meetings: before 9 am PDT, 12:00-13:30 PDT, after 16:30 PDT. Chuck

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addendum to 25 Feb. report on WHOIS suggestions attached
by Liz Gasster 27 Mar '08

27 Mar '08

All, As requested on today's Council call, attached please find a list of the names of individuals who submitted suggestions for further studies of WHOIS. The study suggestion numbers correspond to the numbers assigned when each suggestion was posted (these can be found on the comment page: http://forum.icann.org/lists/whois-comments-2008/) and also correspond to the numbers referenced in staff's report of 25 February summarizing the comments. This report can be found at: http://gnso.icann.org/issues/whois-privacy/whois-study-suggestion-report-25…. Thanks, Liz Gasster

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GNSO Council teleconference MP3 recording 27 March 2008
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 27 Mar '08

27 Mar '08

[To: ga[at]gnso.icann.org; announce[at]gnso.icann.org [To: liaison6c[at]gnso.icann.org; council[at]gnso.icann.org] Please find the MP3 recording of the GNSO Council teleconference, held on March 27, 2008 at: http://audio.icann.org/gnso/gnso-teleconference-20080327.mp3 http://gnso.icann.org/calendar/#mar Happy listening! Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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