Actually, while not definitive, IMO they appear to fall within 4.2.1 and possibly 4.2.6 and 4.2.8 of the RAA (section 4.2 defines the so-called picket fence.) So I believe we see these as becoming consensus policy as defined in section 4 of the RAA and would be binding on all registrars if Council approves with a supermajority and Board approves as well. Tim

-------- Original Message -------- Subject: Re: [council] Motion from the RrSG From: Alan Greenberg <alan.greenberg@mcgill.ca> Date: Tue, September 13, 2011 3:16 pm To: Tim Ruiz <tim@godaddy.com>,GNSO Council <council@gnso.icann.org>

Tim, I applaud this action on behalf of the RrSG, but do have questions regarding how the RrSG sees this being implemented.

The content does not seem to be within the picket fence and so no PDP is required. But the only means I am aware of for getting such rules into the RAA is for the Board to approve them and then they kick in on the next RAA renewal - up to 5 years away. On the last RAA change, ICANN had to offer financial rewards to Registrars to get them to sign onto the revised agreement (and last I heard there were still some that have not).

Do you envisage ICANN having to offer additional financial incentives in this case, (and still wait up to 5 years for all Registrars to be on board)? Or what else is proposed to actually get this implemented in a more timely manner?

Also, do you envisage that this is an obligation that registrars will be obliged to pass on to their resellers?

Alan

At 13/09/2011 02:51 PM, Tim Ruiz wrote:

...

The following motion (also attached as a doc file) is being made at the request of the RrSG. We feel the recommendations contained in it are requested and generally agreed as necessary by Law Enforcement Agencies (LEA), are supported by the GAC, and have not garnered any opposition from other SGs or Cs.

Tim