September 2025 - SubPro-IRT

IRT Call 15 May
by Lars Hoffmann Nov. 4, 2025

Nov. 4, 2025

Dear IRT members, For tomorrow’s call we have two topics: Fees and Terms and Conditions. Regarding fees, attached you will find the analysis that ICANN org has undertaken on the different conditional evaluations and the fees that this is resulting in. For those evaluations that are expected to be carried out by vendors, ICANN org plans to include an estimate (CPE and Name Collision High Risk String Mitigation Plan Evaluation) or a ‘will not exceed’ amount (Geographic Names Evaluation) so that applicants can prepare accordingly, but ICANN org will only charge actual costs incurred. You can also find the updated Application Fees section with new updates in the table on page 4-6. Note that other updates were reviewed by the IRT previously. The redline IRT language can be found here: https://docs.google.com/document/d/1kUixs9Ln2qnBYCPi3yCIALiI7v47fYiGaB2rvvU… On Terms and Conditions, we are still thinking through some of the feedback we received last week and so there is no updated redline for tomorrow’s call. But we will discuss the issues raised with the goal to move the conversation forward. I am also noting that next week Thursday (22 May) we will have an IRT call on the Base Registry Agreement, and, subject to tomorrow’s discussion, I anticipate we will revisit Terms and Conditions then, too. With that, I am looking forward to tomorrow’s call. Best. Lars

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Non-Compliance of Terms and Conditions
by Lars Hoffmann Oct. 9, 2025

Oct. 9, 2025

Dear IRT members, One of the outstanding items concerns the potential consequences for applicants who may have violated theProgram’s Terms and Conditions, but whose non-compliance only surfaces after the execution of their Registry Agreement (see recording from 11 September<https://icann.zoom.us/rec/play/S3R1UARejmkFusjStbwNWPU3M2lNGZUkcj93k1uQqrIQ…>). Those who spoke out agreed that ICANN should retain the ability to sanction registry operators in such circumstances, including the possibility of termination of the Registry Agreement. The latest draft<https://itp.cdn.icann.org/en/files/policy-development/clean-draft-next-roun…> notes in Section 1.3(a) that the Registry Operator represents and warrants that “all material information provided and statements made in the registry TLD application, and statements made in writing during the negotiation of this Agreement, were true and correct in all material respects at the time made […]”. The RA subsequently establishes that if such information was false or materially misleading, this would constitute a breach of warranty. Section 4.3 of the Registry Agreement sets out ICANN’s remedies in the event of such a breach, which expressly include the right to terminate the Registry Agreement, in addition to other contractual sanctions. We believe this comprehensively addresses the concerns raised by the group. Best. Lars

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Post call | SubPro IRT Meeting #159b | 30 September 2025
by Next Round Policy Implementation Sept. 30, 2025

Sept. 30, 2025

Dear All, The recordings for Meeting #159b of the SubPro IRT held on Thursday, 30 September 2025 are published on the meeting wiki page<https://icann-community.atlassian.net/wiki/x/AQAmH>. These include: * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) * Attendance * Deck For additional information, you may consult the mailing list archives<https://mm.icann.org/pipermail/subpro-irt/> and the main wiki page<https://community.icann.org/x/pQM5Dg>. Best regards, Renate

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REMINDER | SubPro IRT Meeting #159b | 30 September 2025, 13:00-14:00 UTC
by Next Round Policy Implementation Sept. 30, 2025

Sept. 30, 2025

Dear All, Meeting #159b of the SubPro IRT will be held in one hour on 30 September 2025 at 13:00-14:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/2wnukhau__;!!PtGJab4!_a_TwXH…>]. Planned topics: Outreach & Engagement The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/AQA…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://www.icann.org/en/governance/documents/icann-community-anti-harassme…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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REMINDER | SubPro IRT Meeting #159b | 30 September 2025, 13:00-14:00 UTC
by Next Round Policy Implementation Sept. 29, 2025

Sept. 29, 2025

Dear All, Meeting #159b of the SubPro IRT will be held on 30 September 2025 at 13:00-14:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/2wnukhau__;!!PtGJab4!_a_TwXH…>]. Planned topics: Outreach & Engagement The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/AQA…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://www.icann.org/en/governance/documents/icann-community-anti-harassme…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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Next Round RA: Public Comment #2
by Karla Hakansson Sept. 27, 2025

Sept. 27, 2025

Hello SubPro IRT members, Please find the attached CLEAN and REDLINED versions of the proposed Next Round Base Registry Agreement (Next Round RA) that will be posted for the second Public Comment. For your reference, we have attached the incremental redline that shows changes as compared to the version of the Next Round RA posted in the first public comment and a cumulative redline that shows changes as compared to the revised Base gTLD RA (approved by the ICANN Board 21 January 2024). * Draft Next Round RA - Public Comment Version September 2025 (Clean) * Draft Next Round RA - Public Comment Version September 2025 (Incremental Redline) * Draft Next Round RA - Public Comment Version September 2025 (Cumulative Redline) We are excited about this next milestone for the Next Round RA and appreciate the SubPro IRT’s ongoing guidance in making this happen. Best Regards, Karla

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Objection and Appeal Procedures
by Elisa Busetto Sept. 26, 2025

Sept. 26, 2025

Hello IRT, This is just a heads up that we are still making updates to the Objection and Appeal Procedures during our workshop in LA based on feedback from the DRSPs and will only be able to share an updated draft tomorrow morning Pacific time. We will provide an overview of the changes tomorrow and of course give you a few days to review the documents. Please note that the updates are mostly procedural. Thanks for your patience! Best, Elisa

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Post call | SubPro IRT Meeting #159e | 25 September 2025
by Next Round Policy Implementation Sept. 26, 2025

Sept. 26, 2025

Dear All, The recordings for Meeting #159e of the SubPro IRT held on Thursday, 25 September 2025 are published on the meeting wiki page<https://icann-community.atlassian.net/wiki/x/CwADHQ>. These include: * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) * Attendance * Deck For additional information, you may consult the mailing list archives<https://mm.icann.org/pipermail/subpro-irt/> and the main wiki page<https://community.icann.org/x/pQM5Dg>. Best regards, Renate

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REMINDER | SubPro IRT Meeting #159e | 25 September 2025, 21:00-22:00 UTC
by Next Round Policy Implementation Sept. 25, 2025

Sept. 25, 2025

Dear All, Meeting #159e of the SubPro IRT will be held in one hour on 25 September 2025 at 21:00-22:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/39ys934c__;!!PtGJab4!7JgQwbc…>]. The final agenda can be consulted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/CwA…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en> and the ICANN Community Anti-Harassment Policy<https://www.icann.org/en/governance/documents/icann-community-anti-harassme…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/97063459905?pwd=VUVsd0J0…> Meeting ID: 970 6345 9905 Passcode: DQ#0L.9x5e Zoom Audio only: One tap mobile +13462487799,,97063459905#,,,,*5806401747# US (Houston) +16699006833,,97063459905#,,,,*5806401747# US (San Jose) Meeting ID: 970 6345 9905 Passcode: 5806401747 Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate SubPro IRT Meeting #159e When: Thursday, 25 September 2025 at 23:00 to Friday, 26 September 2025 at 00:00. Location: https://icann.zoom.us/j/97063459905?pwd=VUVsd0J0RnNtRXkyNXJFZW9vdTEzZz09

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Re: [Ext] Re: Terms and Conditions
by Renate De Wulf Sept. 25, 2025

Sept. 25, 2025

Apologies noted. Best, Renate From: trachtenbergm--- via SubPro-IRT <subpro-irt(a)icann.org> Reply-To: "trachtenbergm(a)gtlaw.com" <trachtenbergm(a)gtlaw.com> Date: Wednesday, 24 September 2025 at 18:46 To: Lars Hoffmann <lars.hoffmann(a)icann.org>, "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: [SubPro-IRT] Re: [Ext] Re: Terms and Conditions I also cannot attend Thursday as I will be on a flight Best regards, Marc H. Trachtenberg Shareholder Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP Aspen Chicago 411 E. Main Street 360 North Green Street Suite 207 | Aspen, CO 81611 Suite 1300 | Chicago, IL 60607 T +1 970.300.5313 T +1 312.456.1020 M +1 773.677.3305 M +1 773.677.3305 trac(a)gtlaw.com<mailto:trachtenbergm@gtlaw.com> | www.gtlaw.com<http://www.gtlaw.com/> | View GT Biography <https://www.gtlaw.com/en/professionals/t/trachtenberg-marc-h> [Image removed by sender. Greenberg Traurig Logo] [Image removed by sender. Greenberg Traurig Logo] ________________________________ From: Lars Hoffmann <lars.hoffmann(a)icann.org> Sent: Wednesday, September 24, 2025 9:02:24 AM To: Trachtenberg, Marc H. (Shld-Chi-IP-Tech) <trachtenbergm(a)gtlaw.com>; subpro-irt(a)icann.org <subpro-irt(a)icann.org> Subject: Re: [Ext] Re: Terms and Conditions Thanks, Marc. I took another look at the issue of the application question. And the wording is also the issue of the Board resolution in response to the .web IRP. I shared that information on list on 15 May 2025 – pasted below for ease of access. Based on this, I do not believe we can make changes to this language. Unfortunately, I will not be able to attend Thursday’s call – or at least not be able to present as I will be boarding a flight at the time of the call. Best wishes. Lars From: Lars Hoffmann <lars.hoffmann(a)icann.org<mailto:lars.hoffmann@icann.org>> Date: Thursday, 15 May 2025 at 07:55 To: Next Round Policy Implementation via SubPro-IRT <subpro-irt(a)icann.org<mailto:subpro-irt@icann.org>> Subject: Terms and Conditions Dear IRT members, For today’s call, we do not have a redline but we had more internal discussions and I wanted to provide this – lengthy – note before the call, giving you the opportunity to digest and hopefully inform a constructive discussion. First, thank you again for the discussion last week and the messages on the mailing list. As we work through the language in the Terms & Conditions to address the questions raised about assignments and changes of control in light of the Board’s direction to ICANN org in the 30 April 2023 resolution addressing the .WEB IRP (https://www.icann.org/en/board-activities-and-meetings/materials/approved-r…<https://urldefense.com/v3/__https:/www.icann.org/en/board-activities-and-me…>). We thought it would be helpful first to lay out the specific directions given in the noted resolution by the Board to ICANN org to consider when developing the Applicant Guidebook for the Next Round, and second, to identify how these directions have been or are being addressed in the implementation of the Program. Board Directions to ICANN Org from 30 April 2023 Resolution on .WEB IRP Below are some relevant sections of the resolution and rationale where the Board directed ICANN org to undertake specific actions for the Next Round in light of the .WEB IRP: Excepts from Board Resolution 2023.04.30.12<https://urldefense.com/v3/__http:/023.04.30.12__;!!DUT_TFPxUQ!CTQPg3vGQb7UJ…> – 2023.04.30.14<https://urldefense.com/v3/__http:/023.04.30.14__;!!DUT_TFPxUQ!CTQPg3vGQb7UJ…>: * Resolved (2023.04.30.13<https://urldefense.com/v3/__http:/023.04.30.13__;!!DUT_TFPxUQ!CTQPg3vGQb7UJ…>), the Board hereby notes the questions raised regarding certain conduct by both NDC and Altanovo and directs the Interim President and CEO, or her designee(s), to carefully consider the issues raised by the parties and the Panel in the .WEB IRP with regard to agreements similar to the DAA and communications prior to an ICANN auction when developing the Guidebook and auction rules for the next round of the New gTLD Program in order to provide greater clarity to applicants regarding the transparency and notification requirements throughout the application and auction processes. Excepts from Rationale to Board Resolution 2023.04.30.12<https://urldefense.com/v3/__http:/023.04.30.12__;!!DUT_TFPxUQ!CTQPg3vGQb7UJ…> – 2023.04.30.14<https://urldefense.com/v3/__http:/023.04.30.14__;!!DUT_TFPxUQ!CTQPg3vGQb7UJ…>: * The Board, however, does note the claims asserted regarding NDC's non-disclosure of its arrangement with Verisign and regarding Altanovo's communications prior to the ICANN auction and, thus, has directed ICANN organization to carefully consider such issues when developing the Guidebook and the auction rules for the next round of the New gTLD Program. It would be beneficial to both the applicants and the application process as a whole to provide greater clarity in the next iteration of the Guidebook and auction rules regarding the transparency and notification requirements throughout the application and auction processes, in particular with regard to proposed registry agreement assignments and/or arrangements similar to the DAA as well as communications during the Blackout Period. * More specifically, the BAMC and the Board found that the DAA does not violate Paragraph 10 of the Guidebook, including the last sentence, which states that "Applicant may not resell, assign, or transfer any of applicant's rights or obligations in connection with the Application." NDC remains the applicant of its .WEB application because NDC did not sell or transfer the application. While NDC has agreed that the DAA grants Verisign various rights with respect to how NDC proceeds, including with respect to [Redacted-Confidential Information], NDC did not resell, assign, or transfer its rights or obligations with regard to the .WEB application itself, and retained the right to communicate with ICANN and to provide information "[Redacted-Confidential Information]." In the event NDC negotiates with and enters into a Registry Agreement with ICANN for .WEB, NDC would become the Registry Operator for .WEB. Only after NDC secures a Registry Agreement (if it does) can NDC then submit a request to ICANN to have the agreement assigned to Verisign. * Finally, the Board acknowledges and agrees with the BAMC's recommendation regarding the importance of greater clarity regarding the transparency and notification requirements in the application and auction processes. The Board recognizes that numerous new gTLD Registry Agreements have been assigned and the Applicant Guidebook applicable to the 2012 round of the New gTLD Program does not address the myriad of circumstances under which such assignments might occur, and when such agreements may be entered into. In this respect, the Board has determined that it is prudent to take that into consideration when developing the guidelines, rules and procedures for the next round of the New gTLD Program. Thus, the Board is directing ICANN org to carefully consider the issues raised by the parties and the Panel in the .WEB IRP with regard to agreements similar to the DAA and communications prior to an ICANN auction when developing the Guidebook and auction rules for the next round of the New gTLD Program in order to provide greater clarity to applicants regarding the transparency and notification requirements throughout the application and auction processes. ICANN Org Implementation Approach to Address Board’s 30 April 2023 Resolution on .WEB IRP As directed by the Board, to provide greater clarity to applicants regarding the transparency and notification requirements throughout the application and auction processes, ICANN org looked at the Next Round Program holistically and proposed the following approach: 1. Updated Program Terms & Conditions a. Section 1: We updated the language on changes to an application that must be reported to ICANN to provide additional clarity, including timeframes. We continue to review this section to also see whether it is possible to map changes required to be reported to ICANN to specific application questions. b. Section 9: As we discussed on prior calls, we updated the assignment language in the Terms & Conditions to make clear that an applicant cannot assign its application as a whole. We understand the questions/concerns about distinguishing between assignments and changes of control, and note that we’ve proposed to address changes of control as further explained below in #2. There was some discussion on the email list and during the previous call about the 2012 AGB including a right for applicants to assign an application with ICANN’s express written consent, but this was not a feature of the Program in 2012. The 2012 Terms & Conditions also had an anti-assignment clause, and the AGB made it clear that if applicants attempted to resolve contention privately, it should be done in a way that does not materially affect the remaining application. (See 2012 AGB Section 4.1.3) 2. Updated Application Questions to require additional disclosures of persons/entities having some level of control over the applicant or an application. As part of the discussion with the IRT, there were questions raised about a scenario where a person or entity may be in “control” of an applicant and the applicant would never have to disclose this fact, and this could deprive ICANN/the public/other applicants information that might be relevant for filing an objection, the GAC giving the Board advice, and ICANN conducting background screening, for example. We think these concerns have been addressed through the changes we made to the application questions, specifically the new question/disclosure that would be required by Application Question 104. The question provides additional information and transparency. The current version of the question reads, “Disclose any entities or persons, including any entities or persons providing Financing (if any), that exercise or have the ability to exercise (or will exercise or will have the ability to exercise) direct or indirect control over the operations, management, or policies of Applicant or any of its affiliates, whether by ownership interest, contractual rights or otherwise.” In light of the discussions about changes of control, we are proposing a further update to Question 104 so that it would say, “Disclose any entities or persons, including any entities or persons providing Financing (if any), that exercise or have the ability to exercise (or will exercise or will have the ability to exercise) direct or indirect decision-making or management over the operations or policies (i) concerning the Application, or (ii) of the Applicant or any of its affiliates relating to this Application, whether by ownership interest, contractual rights or otherwise.” Note: if answer to application question change (after submission), applicants are required to submit an ACR. 3. Updates to Auction Process In the noted Board direction, there’s direction to also look at the auction process for additional transparency opportunities. The current draft of the AGB notes that the auction rules will be finalized once we’ve gone through the process of securing a vendor. While we don’t have the specific rules/changes yet, it is very much on our project plan that we will need to look at this issue when it comes time to work with the relevant vendor on developing the auction rules and any related procedures or agreements. Overall, we believe the above approach addresses the directions given to ICANN org to address Board Resolution 2023.04.30.12<https://urldefense.com/v3/__http:/023.04.30.12__;!!DUT_TFPxUQ!CTQPg3vGQb7UJ…> – 2023.04.30.14<https://urldefense.com/v3/__http:/023.04.30.14__;!!DUT_TFPxUQ!CTQPg3vGQb7UJ…>. For today, I will review this note on the call and invite initial feedback. Our suggestion is that we move this to public comment where community members, including the IRT can provide further comments. Many thanks and best wishes, Lars From: "trachtenbergm(a)gtlaw.com" <trachtenbergm(a)gtlaw.com> Date: Friday, 19 September 2025 at 07:19 To: Lars Hoffmann <lars.hoffmann(a)icann.org>, "subpro-irt(a)icann.org" <subpro-irt(a)icann.org> Subject: RE: [Ext] Re: Terms and Conditions Thanks Lars. I would just point out that community input is just that – input. It is up to the SubPro to make the recommendation. There is plenty of input from community comments that Org and/or the IRT chose not to implement. Marc H. Trachtenberg Shareholder Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP Aspen Chicago 411 E. Main Street 360 North Green Street Suite 207 | Aspen, CO 81611 Suite 1300 | Chicago, IL 60607 T +1 970.300.5313 T +1 312.456.1020 M +1 773.677.3305 M +1 773.677.3305 trac(a)gtlaw.com<mailto:trachtenbergm@gtlaw.com> | www.gtlaw.com [gtlaw.com]<https://urldefense.com/v3/__http:/www.gtlaw.com/__;!!PtGJab4!_DwsiU7DwgIBBr…> | View GT Biography [gtlaw.com]<https://urldefense.com/v3/__https:/www.gtlaw.com/en/professionals/t/trachte…> [Greenberg Traurig Logo] [Greenberg Traurig Logo] From: Lars Hoffmann <lars.hoffmann(a)icann.org> Sent: Friday, September 19, 2025 9:15 AM To: Trachtenberg, Marc H. (Shld-Chi-IP-Tech) <trachtenbergm(a)gtlaw.com>; subpro-irt(a)icann.org Subject: Re: [Ext] Re: Terms and Conditions Thank you, Marc. I appreciate the point you make – no doubt about it. From a staff perspective, we try to be responsive to the input we receive during IRT calls as well as during public comments. While I am happy to look at this again next week Thursday, I want to emphasize that the update was not org-driven but based on community input including input from public comment. Thank you and best wishes Lars From: "trachtenbergm(a)gtlaw.com<mailto:trachtenbergm@gtlaw.com>" <trachtenbergm(a)gtlaw.com<mailto:trachtenbergm@gtlaw.com>> Date: Friday, 19 September 2025 at 15:02 To: Lars Hoffmann <lars.hoffmann(a)icann.org<mailto:lars.hoffmann@icann.org>>, "subpro-irt(a)icann.org<mailto:subpro-irt@icann.org>" <subpro-irt(a)icann.org<mailto:subpro-irt@icann.org>> Subject: [Ext] Re: Terms and Conditions Lars, There is simply too much going on in this IRT and way too many calls for everyone to attend everything and catch everything. Accordingly, if we catch something later, like when discussed again on an IRT call, we should be able to adjust it if it will make for a better next round. Best regards, Marc H. Trachtenberg Shareholder Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP Aspen Chicago 411 E. Main Street 360 North Green Street Suite 207 | Aspen, CO 81611 Suite 1300 | Chicago, IL 60607 T +1 970.300.5313 T +1 312.456.1020 M +1 773.677.3305 M +1 773.677.3305 trac(a)gtlaw.com<mailto:trachtenbergm@gtlaw.com> | www.gtlaw.com [gtlaw.com]<https://urldefense.com/v3/__http:/www.gtlaw.com/__;!!PtGJab4!4btHTY7SBwaPtx…> | View GT Biography [gtlaw.com]<https://urldefense.com/v3/__https:/www.gtlaw.com/en/professionals/t/trachte…> ________________________________ From: Lars Hoffmann via SubPro-IRT <subpro-irt(a)icann.org<mailto:subpro-irt@icann.org>> Sent: Friday, September 19, 2025 1:17:06 AM To: Next Round Policy Implementation via SubPro-IRT <subpro-irt(a)icann.org<mailto:subpro-irt@icann.org>> Subject: [SubPro-IRT] Terms and Conditions *EXTERNAL TO GT* Dear SubPro IRT members, There were two issues with regard to the T&Cs that came up during last week’s (12 Sept) IRT call that we touched on yesterday, so I just wanted to close that loop. Issue 1: Discloser Requirements During last week’s call, we discussed the public comment on the Terms and Conditions. Marc and Mike stated that the enhanced disclosure requirements in Q108 went too far. As I noted on last night’s call, we expanded these requirements based on community input during the fourth public comment. The wording that went out for public comment from May to July<https://urldefense.com/v3/__https:/itp.cdn.icann.org/en/files/policy-develo…> (see p.248) is the same as we have it now (current language<https://urldefense.com/v3/__https:/docs.google.com/document/d/17w1jJcPfSR0-…>; note the numbering changed from 109 to 108). The requirements were broadened based on community feedback in the fourth comment period in response to concerns about a change of control of an application taking place unnoticed. As there was no input on these questions in the latest public comment, we will keep this as is. For completion please also see the language in the Terms and Conditions that has been updated to reflect the requirement to inform ICANN if any changes occur that may impact the evaluation outcome of an application. This was shared on a slide last week, but we now have the redline<https://urldefense.com/v3/__https:/docs.google.com/document/d/1-H-j-QOFt7HH…> – this change also required a small addition to the Change Request Section- see here<https://urldefense.com/v3/__https:/docs.google.com/document/d/1HWZHBlj91hPl…>. Issue 2: ICANN’s ability to sanction applicants that are found to have not complied with the disclosure requirements The IRT was aligned – I do not recall any dissent – that ICANN should have the ability to terminate a Registry Agreement should a (then) registry operator be found to have broken the disclosure requirements during their past application evaluation process. We will continue to look at this issue including how/where to include it, including what is already covered under the RA. Many thanks and best wishes, Lars ________________________________ If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster(a)gtlaw.com<mailto:postmaster@gtlaw.com>, and do not use or disseminate the information.

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