Thanks, Jeff. We hope to be able to provide a response by the end of the week, and if time is required, we could discuss in our call next week (11 September). Thank you Jared From: "Jeffrey J. Neuman" <jeff@jjnsolutions.com> Date: Tuesday, September 2, 2025 at 10:46 To: Jared Erwin <jared.erwin@icann.org>, "trachtenbergm@gtlaw.com" <trachtenbergm@gtlaw.com>, Next Round Policy Implementation <NextRound_PolicyImplementation@icann.org>, "subpro-irt@icann.org" <subpro-irt@icann.org> Subject: [Ext] Re: [SubPro-IRT] Re: REMINDER | SubPro IRT Meeting #157 | 2 September 2025, 18:00-20:00 UTC I was wondering why the RySG comments to the Ts and Cs were not included in the slides. When will those comments be discussed. For other members, here is what the RySG said to the Ts and Cs: 16) Is the language in draft Appendix 10: Terms and Conditions consistent with Board-approved recommendations, and are the concepts introduced therein consistent across the AGB? Please note that comments should be made on issues that have not been previously addressed via Public Comment or in discussions with the IRT. No If no, please explain The RySG notes that some of the changes proposed were not adopted in this final version of the Applicant Guidebook. The RySG is still concerned about clause 9 and the failure to adequately address “changes of control” of the Application. The language states only that the applicant may not resell, assign or transfer the application. It says nothing about the ownership of the Applicant changing. It is true that Clause 9 states that “Applicant agrees to promptly (and in any event within seven (7) days of becoming aware of any fact or circumstance giving rise to such obligation) notify ICANN in writing of any . . .material changes in any information, documents or written materials submitted in connection this Application that could adversely affect the results of the evaluation of this Application” [Emphasis Added]. However: 1. The Underlined portion represents a change in this new version and it creates ambiguity. What if, for example, an Applicant fails to report a change of control because in its view, a change of control would not “adversely affect” the results of the evaluation? It may impact the Application and/or the Applicant, but it may have no bearing on the evaluation results. 2. Earlier in the paragraph, the terms state that any material misrepresentation may cause ICANN to reject this application, but what is the ramification of the misstatement or misrepresentation is found out after the application passes evaluation or after a contract is signed? 3. In addition, the earlier statement about rejecting an application applies only to the original application and any misrepresentations or misstatements. It does not necessarily apply to the assignment of the application or the failure to update ICANN about material changes (including change of control). [Image removed by sender.] On 9/2/2025 1:43:41 PM, Jared Erwin <jared.erwin@icann.org> wrote: Hi all, We will be doing contention sets right after PICs/RVCs in the first part of the call. As for T&C, we are only covering the comments related to UA, which mirror others. The RySG ones will not be discussed today. Agenda: 1. Welcome and SOI Update 2. Module 6 / PICs/RVCs 3. Module 4: Contention Set Resolution 4. Module 7: General Information 5. Appendix 7: Conflict of Interest 6. Appendix 8: Code of Conduct and Conflict of Interest Guidelines for Service Providers 7. Appendix 10: Terms and Conditions 8. Upcoming IRT Meetings 9. AOB Thank you Jared From: trachtenbergm--- via SubPro-IRT <subpro-irt@icann.org> Reply-To: "trachtenbergm@gtlaw.com" <trachtenbergm@gtlaw.com> Date: Tuesday, September 2, 2025 at 10:42 To: "jeff@jjnsolutions.com" <jeff@jjnsolutions.com>, Next Round Policy Implementation <NextRound_PolicyImplementation@icann.org>, "subpro-irt@icann.org" <subpro-irt@icann.org> Subject: [SubPro-IRT] Re: REMINDER | SubPro IRT Meeting #157 | 2 September 2025, 18:00-20:00 UTC In that same vein, I have a standing call at 2pm CT which is the second half of the call and am hoping that we can get to contention sets during the first hour. Marc H. Trachtenberg Shareholder Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP 360 North Green Street | Suite 1300 | Chicago, IL 60607 T +1 312.456.1020 M +1 773.677.3305 trac@gtlaw.com<mailto:trachtenbergm@gtlaw.com> | www.gtlaw.com [gtlaw.com]<https://urldefense.com/v3/__http:/www.gtlaw.com/__;!!PtGJab4!5zq8hMA9zheU4Fx...> | View GT Biography [gtlaw.com]<https://urldefense.com/v3/__https:/www.gtlaw.com/en/professionals/t/trachten...> [Greenberg Traurig Logo] [Greenberg Traurig Logo] From: Jeffrey J. Neuman via SubPro-IRT <subpro-irt@icann.org> Sent: Tuesday, September 2, 2025 12:39 PM To: Next Round Policy Implementation <nextround_policyimplementation@icann.org>; subpro-irt@icann.org Subject: [SubPro-IRT] Re: REMINDER | SubPro IRT Meeting #157 | 2 September 2025, 18:00-20:00 UTC *EXTERNAL TO GT* All, Special request - Can we cover the Terms and Conditions in the first hour of the call. I have a weekly domain name law Twitter Space I co-host at 3:00pm East Coast US Time, so I will have to drop to do that. Many of the comments on Ts and Cs came from the registries, so I would like to be able to talk to those. Thank you. Sincerely, Jeff [cid:image003.png@01DC1BF7.2F76A910] On 9/2/2025 1:00:29 PM, Next Round Policy Implementation via SubPro-IRT <subpro-irt@icann.org<mailto:subpro-irt@icann.org>> wrote: Dear All, Meeting #157 of the SubPro IRT will be held in one hour on 2 September 2025 at 18:00-20:00 UTC [local time<https://urldefense.com/v3/__https:/tinyurl.com/nhj9ya9t__;!!DUT_TFPxUQ!EUeX6...>]. Planned topics: Registry Voluntary Commitments/Public Interest Commitments; Terms & Conditions; Conflict of Interest; Code of Conduct & Conflict of Interest Guidelines for Service Providers; General Information The final agenda can be consulted here<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/eYCO...>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://urldefense.com/v3/__https:/www.icann.org/resources/pages/expected-st...> and the ICANN Community Anti-Harassment Policy<https://urldefense.com/v3/__https:/www.icann.org/en/governance/documents/ica...>. 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=VUVsd0J0R...> 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. 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