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[nc-transfer] RE: Draft resolution

No matter who the ultimate enforcer is, ICANN or Registries, the following Agreements will need to be modified as well in at least the following ways:
1)  Removal of Transfer language from ICANN/Registry Agreement
2)  Removal of Transfer language from Registry/Registrar Agreements
3)  Addition of enforcement language in Registry/Registrar Agreements
4)  Addition of report/enforcement in the Registrar Accreditation Agreements
Because it involves all 3 agreements, I drafted the language I did.
With respect to your questions:
1)  I believe we should remain silent on which contracts, because that is the job for the lawyers to figure out (including the Registries/Registrars and ICANN).
2)  See 1 above
3)  With respect to your language on Monitoring, I would just remove the words "contract enforcement" and just keep in the words review of the transfers policy.  I do not believe that we can dictate how a party enforces its agreement.
-----Original Message-----
From: Grant Forsyth [mailto:Grant.Forsyth@team.telstraclear.co.nz]
Sent: Wednesday, October 02, 2002 6:54 PM
To: 'Neuman, Jeff'; 'nc-transfer@dnso.org'
Subject: Draft resolution

Jeff et al
I would prefer, at this stage, to stick to the wording that I "drafted" on the call, namely:

2. The ICANN Board should direct the ICANN staff to implement the policy through contract amendments to the [ICANN Accredited Registrar] [Registry-Registrar] contract(s) to give effect to the recommendations in the IRDX report

I think there is a desire, as expressed through the email discussions, that we (ultimately the NC) be explicit as to how we "direct" the staff regarding which contract the transfers policy is enacted through - so as to address concerns over ICANN's involvement.

Jeff's amendment is silent on which contract - but can also be read to mean the ICANN Registrar Accreditation contract, as this is the only contract (that I have been made aware of) in which ICANN is a party.

Does the TF think:

A)  we need to be explicit as to the contract in which the policy is enacted?

B) that, if yes to A), then is there a preference to the contract?

C) that Jeff's wording can only be read as the ICANN Registrar Accreditation contract - as this is the only contract in which ICANN is a party to?


Wording suggestion for additional point in the resolution which will hopefully provide a single recommendation to address 3,4,5 as noted in my draft and also is wide enough for the staff to develop the specific wording in conjunction with the Registrars.

3. Implementation should include the Registrars and ICANN staff together developing a regular audited Registrar self reporting of their performance in actioning transfer requests and the resultant outcomes. This reporting to be public and monitored by ICANN for the purpose of contract enforcement and review of the transfers policy.

Hope that is clear, I look forward to fellow TF members comments

Grant Forsyth

[Grant Forsyth]  -----Original Message-----
From: Neuman, Jeff [mailto:Jeff.Neuman@neustar.us]
Sent: Thursday, 03 October, 2002 06:29
To: 'nc-transfer@dnso.org'
Subject: [nc-transfer] How about this for Resolution No. 2

The NC Resolves that the ICANN Board should direct the ICANN staff to conduct negotiations toward appropriate revisions to agreements between ICANN and the gTLD Registries and gTLD Registrars as appropriate to implement the recommendations in the IRDX report.

Jeffrey J. Neuman, Esq.
Director, Law & Policy
NeuStar, Inc.
Loudoun Tech Center
46000 Center Oak Plaza
Building X
Sterling, VA 20166
p: (571) 434-5772
f:  (571) 434-5735
e-mail: Jeff.Neuman@Neustar.us


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