recording, Attendance & AC Chat for New gTLD Subsequent Procedures Sub Team – Track 2 – Legal/Regulatory Issues 06 October 2016
Dear All, Please find the attendance and recording of the call attached to this email and the AC Chat below for the New gTLD Subsequent Procedures Sub Team – Track 2 – Legal/Regulatory Issues held on Thursday, 06 October 2016 at 20:00 UTC. <http://audio.icann.org/gnso/gnso-new-gtld-subsequent-16may16-en.mp3> The recordings of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar<http://gnso.icann.org/en/group-activities/calendar#nov> ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-newgtld-wg-wt2 Wiki page: https://community.icann.org/x/FwSbAw Thank you. Kind regards, Terri ------------------------------- Adobe Connect chat transcript for 06 October 2016 Terri Agnew: Welcome to the New gTLD Subsequent Procedures Sub Team – Track 2 – Legal/Regulatory Issues call held onThursday, 06 October 2016 at 20:00 UTC. Terri Agnew: agenda wiki page: https://community.icann.org/x/Tw_4Aw Alexander Schubert: Hello everybody :-) Alexander Schubert: 5: Reserved names. 2nd level or top level? Michael Flemming: Hello Alex and welcome. Michael Flemming: Both Michael Flemming: In a sense Michael Flemming: We will save that fun for last today :) jeff neuman: Not everyone gets your humor :) Cheryl Langdon-Orr (CLO): Hi there Sorry I had to wrap up another call Cheryl Langdon-Orr (CLO): My morning is all back to back calls it seems Terri Agnew: Welcome Cheryl, still plenty of time left LOL Alexander Schubert: Well, if you're going to apply for a prepreviously ineligible string - it's not fun! jeff neuman: I can provide a background on this jeff neuman: 3 Steve Chan: As noted, T&Cs are available as Module 6 of the AGB, but also available on the web here: https://newgtlds.icann.org/en/applicants/agb/terms Jim Prendergast: I would also ask - did the community have input into the T&Cs or the ability to suggest changes to them? Seems like everyone was focused on modules 1-5. Im not sure anyone every commented on module 6. Rubens Kuhl: Jeff's audio is fading Rubens Kuhl: (at least for me) Berry Cobb: Another vector for the group to monitor/consider is the changes to RfR and eventual release of the updated IRP as a result of the CCWG Accountability work. It did not specifically touch upon what these mean for subsequent rounds/procedures, but it will be changing in the future. Rubens Kuhl: For me it seems it doesn't require a charter amendment in this case, but policy staff could enlight us on that... Berry Cobb: Request for Reconcideration. Berry Cobb: Yes Rubens Kuhl: What we could say at a policy level would be "Have T's&C's to reduce ICANN liability to the minimum level allowed by ICANN Bylaws, California law and US law". Rubens Kuhl: Reference material: AGB Module 6, RfRs from the 2012 round, IRPs from the 2012 round... Rubens Kuhl: + lawsuits from the 2012 round. jeff neuman: yes Rubens Kuhl: Two stress tests I suggest to T&C is the TAS issues that occurred, (1) freezing the application process (2) data leak... Rubens Kuhl: TAS was the application system used by applicants in the 2012-round Rubens Kuhl: https://docs.google.com/spreadsheets/d/1mA_hTUhLhJSsfcmoQwREtUqxykZ5KfJffzJA... Rubens Kuhl: https://docs.google.com/document/d/1k1HrFIjwzupuJqr33WmGmBUD45SQ5Cv1-vNP7ZRz... Phil Marano (Mayer Brown): Another suggested stress test for the T&Cs: The threatened termination of a new gTLD application by ICANN based on rationale not established within the AGB, i.e. failure to meet a newly established interim milestone. Rubens Kuhl: I would also add "Sponsored TLDs", which although being a twin brother of Community TLDs, have different regulatory framework. Raymond Zylstra - Neustar: Question - Is reviewing 'categories' part of this WT? Or is it just if a single agreement makes sense? Alexander Schubert 2: And there is applications fitting in 4 of these categories in the same time ...... Rubens Kuhl: Raymond, I believe it's WT1, and that we need to sequence our discussion on WT2 once the types discussion is settled. jeff neuman: Its the overall group, right Raymond Zylstra - Neustar: Another Consideration: 1 Size Fits All vs. 2 Sizes Fits All – Introducing version(s) of the Registry Agreement may just change the problem. Within categories of TLDs there will still be differing business models. Kristina Rosette (Amazon Registry): I have a clarifying question: Does "different base agreement" mean (a) a completely different base agreement for every category; (b) a standard base agreement with additional specifications that differ (like Specification 13); or (c) something else entirely? (If the answer is (c), please elaborate). Thanks. Kristina Rosette (Amazon Registry): Thanks. Rubens Kuhl: Note that we already have two different agreements at the 2012-round, and it's not based on specifications... it's the governmental and standard versions of the agreement. Rubens Kuhl: What Jeff is saying. Rubens Kuhl: Spec 9 - Code of Conduct (not applied for exclusive use TLDs and for Brand TLDs) Spec 12 - Community TLDs Spec 13-Brand TLDs. jeff neuman: Any participant of this WT Julie Hedlund: @Jeff: Not sure I captured your word correctly. Rubens Kuhl: Just to complicate Jeff's idea, there are Community Brand TLDs... ;-) Raymond Zylstra - Neustar: Question ‘What is the outcome of the ‘Scope of Work’? What is it that we working towards delivering?’ jeff neuman: Yes, scope of work is to make policy recommendations and to provide rationale for those recommendations Gg Levine (NABP): Wouldn't it be simpler to keep single base agreement and then fine-tune specs per catagory? Multiple specs might apply to applicants.. Doesn't make sense to have separate agreements. jeff neuman: Gg - Yes that could be one outcome jeff neuman: My goal is to take the abstract principle and make it more concrete Berry Cobb: I might suggest that you take a more targeted approach. Brands = Martin Sutton; Geos = RyO from a geo TLD; Community = RyOs that have gone through that. We know that these "categories" for lack of a better word exist today. Kristina Rosette (Amazon Registry): I would hope that the folks advocating for different agreements have a very good idea about what they do - and do not- want in a base agreement so it shouldn't take too long to articulate. Otherwise, we could be doing this for a long time jeff neuman: I agree with Kristina. These groups are not going to draft a new agreement now Berry Cobb: I'd also recommend that it be communicated that the default is a single agreement at this point and only looking for rationale on why the WT should consider different versions. Terri Agnew: Next New gTLD Subsequent Procedures Sub Team – Track 2 – Legal/Regulatory Issues will take place on Thursday, 20 October 2016 at 20:00 UTC. jeff neuman: I can reach out to Martin/Cecilia (from the BRG) and relay this conversation jeff neuman: Cool. Thanks! Good Call. Cheryl Langdon-Orr (CLO): Thanks everyone... Thanks Michael... Talk again soon ... bye for now Alexander Schubert 2: bye
participants (1)
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Terri Agnew