Implementation of Sub Pro Final Report Recommendation 36.4
Hi Karla, Susan and I will need to meet the Council deadline of May 5 to get the issue of implementation of Recommendation 36.4 on the agenda. Accordingly, we need your redline of this section in the existing Base Registry RA and explanation of the ICANN Org position on this language no later than* May 2* since we will need to provide a cover memo to Leadership. It may be best to copy the full IRT on your response, but we leave that to your discretion. Thank you, Anne and Susan Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com
Hi Anne, Confirming receipt. We’ll get you the information this week. Best, Karla From: Anne ICANN <anneicanngnso@gmail.com> Date: Friday, April 25, 2025 at 12:52 To: Karla Hakansson <karla.hakansson@icann.org> Cc: Susan Payne <susan.payne@comlaude.com>, Jared Erwin via SubPro-IRT <subpro-irt@icann.org> Subject: [Ext] Implementation of Sub Pro Final Report Recommendation 36.4 Hi Karla, Susan and I will need to meet the Council deadline of May 5 to get the issue of implementation of Recommendation 36.4 on the agenda. Accordingly, we need your redline of this section in the existing Base Registry RA and explanation of the ICANN Org position on this language no later than May 2 since we will need to provide a cover memo to Leadership. It may be best to copy the full IRT on your response, but we leave that to your discretion. Thank you, Anne and Susan Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>
Thank you Karla! Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Mon, Apr 28, 2025 at 6:17 AM Karla Hakansson <karla.hakansson@icann.org> wrote:
Hi Anne,
Confirming receipt. We’ll get you the information this week.
Best, Karla
*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Friday, April 25, 2025 at 12:52 *To: *Karla Hakansson <karla.hakansson@icann.org> *Cc: *Susan Payne <susan.payne@comlaude.com>, Jared Erwin via SubPro-IRT < subpro-irt@icann.org> *Subject: *[Ext] Implementation of Sub Pro Final Report Recommendation 36.4
Hi Karla,
Susan and I will need to meet the Council deadline of May 5 to get the issue of implementation of Recommendation 36.4 on the agenda. Accordingly, we need your redline of this section in the existing Base Registry RA and explanation of the ICANN Org position on this language no later than* May 2* since we will need to provide a cover memo to Leadership.
It may be best to copy the full IRT on your response, but we leave that to your discretion.
Thank you,
Anne and Susan
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
Hi Anne, Please find a document that includes both the proposed redlines to reflect Recommendation 36.4 reviewed with the SubPro IRT on 24 April and ICANN’s position on the proposed redlines. It would be helpful if you could share the information you are sharing with the GNSO Council. Thank you, Karla From: Karla Hakansson <karla.hakansson@icann.org> Date: Monday, April 28, 2025 at 07:17 To: Anne ICANN <anneicanngnso@gmail.com> Cc: Susan Payne <susan.payne@comlaude.com>, Jared Erwin via SubPro-IRT <subpro-irt@icann.org> Subject: Re: [Ext] Implementation of Sub Pro Final Report Recommendation 36.4 Hi Anne, Confirming receipt. We’ll get you the information this week. Best, Karla From: Anne ICANN <anneicanngnso@gmail.com> Date: Friday, April 25, 2025 at 12:52 To: Karla Hakansson <karla.hakansson@icann.org> Cc: Susan Payne <susan.payne@comlaude.com>, Jared Erwin via SubPro-IRT <subpro-irt@icann.org> Subject: [Ext] Implementation of Sub Pro Final Report Recommendation 36.4 Hi Karla, Susan and I will need to meet the Council deadline of May 5 to get the issue of implementation of Recommendation 36.4 on the agenda. Accordingly, we need your redline of this section in the existing Base Registry RA and explanation of the ICANN Org position on this language no later than May 2 since we will need to provide a cover memo to Leadership. It may be best to copy the full IRT on your response, but we leave that to your discretion. Thank you, Anne and Susan Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com>
Thanks Karla. It would be helpful as well if you could explain more specifically ICANN's reluctance to comply with the first "MUST" clause in Recommendation 36.4 adopted by the Board. That is pasted below. It seems odd, given ICANN's Mission in relation to Security and Stability, that the addition of this MUST provision would be causing so much trouble in the current IRT proceedings. *"ICANN must add a contractual provision stating that the registry operator will not engage infraudulent or deceptive practices."* An appropriate definition of "deceptive practices" should be readily available. For example, the .ORG Registry Agreement that is posted to ICANN's website contains the language below and specifies in Paragraph 4.3 (e) that ICANN can send a 30-day notice of termination based on a PICDRP determination. I believe someone remarked on the call that this Spec 11 Paragraph 3 language is standard. *Is it ICANN's position that the language below only covers what must be in a contract and that there is no actual requirement for the Registry Operator to prohibit deceptive practices? If so, isn't that directly counter to the Recommendation made by Sub Pro, confirmed by Council, and approved by the Board?* Your clarification would be appreciated. (Please forgive my lack of familiarity with Compliance enforcement practices under the RA.) Thank you, Anne SPECIFICATION 11 PUBLIC INTEREST COMMITMENTS .... 3. Registry Operator agrees to perform the following specific public interest commitments, which commitments shall be enforceable by ICANN and through the Public Interest Commitment Dispute Resolution Process established by ICANN (posted at http://www.icann.org/en/resources/registries/picdrp), which may be revised in immaterial respects by ICANN from time to time (the “PICDRP”). Registry Operator shall comply with the PICDRP. Registry Operator agrees to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement pursuan to Section 4.3(e) of the Agreement) following a determination by any PICDRP panel and to be bound by any such determination. a. Registry Operator will include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreements a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. b. Registry Operator will periodically conduct a technical analysis to assess whether domains in the TLD are being used to perpetrate security threats, such as pharming, phishing, malware, and botnets. Registry Operator will maintain statistical reports on the number of security threats identified and the actions taken as a result of the periodic security checks. Registry Operator will maintain these reports for the term of the Agreement unless a shorter period is required by law or approved by ICANN, and will provide them to ICANN upon request Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2026 anneicanngnso@gmail.com On Wed, Apr 30, 2025 at 9:58 AM Karla Hakansson <karla.hakansson@icann.org> wrote:
Hi Anne,
Please find a document that includes both the proposed redlines to reflect Recommendation 36.4 reviewed with the SubPro IRT on 24 April and ICANN’s position on the proposed redlines. It would be helpful if you could share the information you are sharing with the GNSO Council.
Thank you,
Karla
*From: *Karla Hakansson <karla.hakansson@icann.org> *Date: *Monday, April 28, 2025 at 07:17 *To: *Anne ICANN <anneicanngnso@gmail.com> *Cc: *Susan Payne <susan.payne@comlaude.com>, Jared Erwin via SubPro-IRT < subpro-irt@icann.org> *Subject: *Re: [Ext] Implementation of Sub Pro Final Report Recommendation 36.4
Hi Anne,
Confirming receipt. We’ll get you the information this week.
Best, Karla
*From: *Anne ICANN <anneicanngnso@gmail.com> *Date: *Friday, April 25, 2025 at 12:52 *To: *Karla Hakansson <karla.hakansson@icann.org> *Cc: *Susan Payne <susan.payne@comlaude.com>, Jared Erwin via SubPro-IRT < subpro-irt@icann.org> *Subject: *[Ext] Implementation of Sub Pro Final Report Recommendation 36.4
Hi Karla,
Susan and I will need to meet the Council deadline of May 5 to get the issue of implementation of Recommendation 36.4 on the agenda. Accordingly, we need your redline of this section in the existing Base Registry RA and explanation of the ICANN Org position on this language no later than* May 2* since we will need to provide a cover memo to Leadership.
It may be best to copy the full IRT on your response, but we leave that to your discretion.
Thank you,
Anne and Susan
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2026
anneicanngnso@gmail.com
participants (2)
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Anne ICANN -
Karla Hakansson