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Non-Commercial User Constituency <[log in to unmask]>
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From:
"Carlos A. Afonso" <[log in to unmask]>
Date:
Tue, 27 Oct 2009 01:11:50 -0200
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Reply-To:
"Carlos A. Afonso" <[log in to unmask]>
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These are my scant notes on what I see are serious issues in the current 
  Draft Application Guidebook version, besides the trademark ones. I 
just talked about these in our meeting here in Seoul.

According to the DAG, failing to comply with deadlines has no 
consequences for Icann, only for the applicant. UDRP in the delegation 
process will be outsourced only, at additional cost. Not only $$$, but 
window of opportunity and other costs should be taken into account in 
accruing responsibilities for delays.

String contention: what exactly is "community priority (comparative) 
evaluation"? What are the precise criteria for deciding on auction of 
this evaluation to resolve string contention?

Regarding the TLD Application System (TAS), the DAG v.3 says "ICANN will 
take commercially reasonable steps to protect all applicant data 
submitted from unauthorized access, but cannot warrant against the 
malicious acts of third parties who may, through system corruption or 
other means, gain unauthorized access to such data." E.g, what would be 
the refund policy (besides other penalties) if data violation occurs and 
Icann is found responsible? The way this is formulated in DAG v.3, Icann 
takes very little (if any) responsbility for eventual misuse of 
applicants' data.

What is precisely a "clearly delineated community"?

Pre-delegation technical tests: the DAG v.3 says "Following execution of 
a registry agreement, the prospective registry operator must complete 
technical setup and show satisfactory performance on a set of technical 
tests before delegation of the gTLD into the root zone may be 
initiated." What are these tests? Icann relegates dispute resolution to 
third parties (UDR service providers). Are these technical tests also 
delegated? What are the qualifications/certifications for the group in 
charge of these tests and concluding reports?

Etc etc etc...

--c.a.

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