Thanks Lars (and Jamie)

In order that the IRT can properly review this, please would you provide the whole of what is now proposed as section 4.3(f).  The language for (iii) needs to be seen in context with the rest of the clause.  Based on the text Karla shared in her note as the then latest proposal on 4.3(f) (reproduced below) I’m struggling to see how (iii) is supposed to fit:

 

ICANN may, upon notice to Registry Operator, terminate this Agreement if (i) ICANN receives a complaint, or ICANN otherwise becomes aware, that Registry Operator is engaging in fraudulent or deceptive business practices in provision of Registry Services under this Agreement for the TLD; and (ii) such fraudulent or deceptive business practices have resulted in an adverse action or decision and a failure to remediate finding against the Registry Operator by a relevant governmental consumer protection authority or authorities with jurisdiction over the matter, or Registry Operator is the subject of a determination that ICANN reasonably deems as the substantive equivalent of any of the foregoing; provided that, if ICANN receives a complaint related to the foregoing, all available relevant documentation from such adverse action or decision and a failure to remediate finding must be included as part of the complaint.

 

Is the proposed text for 4.3(f)(iii) meant to replace some or all of this (and so is not in fact (iii)), or is it an additional subclause, following on from (ii), and in which case is this “and” or “or” (either of which seem to lack coherence).

 

As you know, we have a Council meeting at 0500UTC Thursday, where Anne and I have referred this matter.

 

 

Dear all,

Please, find below a message from Jamie Hedlund, SVP Contractual Compliance and U.S. Government Engagement

Best wishes. Lars

 

 

Dear IRT,

 

Attached please find a revised org proposal for implementation of SubPro Recommendation 36.4. I am sharing this revised proposal as Karla is out this week. As you will see, the proposal would:

 

• add a PIC to RA Spec. 11, Section 3 to prohibit a registry operator from engaging in fraudulent or deceptive business practices in performing any Critical Function under this Agreement. By narrowly defining the scope of registry conduct subject to a PIC, it limits the extent to which ICANN org would be placed in the role of enforcing substantive areas of law that are outside ICANN’s mission and bylaws. 
• amend RA Section 4.3(f) to allow ICANN to terminate an agreement if a registry operator is determined by a court of competent jurisdiction or by an arbitrator to have committed fraud or deceptive practices in the provision of Registry Services under this Agreement for the TLD, or is the subject of a judicial or arbitral determination that ICANN reasonably deems as the substantive equivalent.

 

We look forward to discussing this proposal at the next IRT meeting following Karla’s return from vacation. Thank you.

 

Best,

Jamie Hedlund