Begin forwarded message: > From: Glen de Saint Géry <[log in to unmask]> > Date: February 6, 2013 2:17:59 PM PST > To: liaison6c <[log in to unmask]> > Subject: [liaison6c] Revised New gTLD Registry Agreement Including > Additional Public Interest Commitments Specification > > > Revised New gTLD Registry Agreement Including Additional Public > Interest Commitments Specification > > Comment/Reply Periods (*) > Important Information Links > Comment Open: > 5 February 2013 > Comment Close: > 26 February 2013 > Close Time (UTC): > 23:59 > Public Comment Announcement > Reply Open: > 27 February 2013 > To Submit Your Comments (Forum) > Reply Close: > 20 March 2013 > View Comments Submitted > Close Time (UTC): > 23:59 > Report of Public Comments > Brief Overview > Originating Organization: > ICANN > Categories/Tags: > Top-Level Domains > Purpose (Brief): > To receive community feedback on the revised New gTLD Registry > Agreement that includes certain updates and changes, including a > Public Interest Commitments Specification > Current Status: > The current draft of the New gTLD Registry Agreement was published > in June 2012 as part of the New gTLD Applicant Guidebook: Base > Agreement & Specifications [PDF, 917 KB]. The New gTLD Registry > Agreement requires various updates and changes, including the > addition of the Public Interest Commitments Specification. > Next Steps: > ICANN staff will consider public comments on the revised New gTLD > Registry Agreement and recommend any additional necessary changes > to the Board for approval. > Staff Contact: > Daniel Halloran > Email: > [log in to unmask] > Detailed Information > Section I: Description, Explanation, and Purpose > The New gTLD Registry Agreement is the contractual document between > successful New gTLD Applicants and ICANN, and will govern the > rights and obligations of new gTLD registry operators. > > ICANN proposes to revise the New gTLD Registry Agreement in > connection with developments since the last posting of the > Applicant Guidebook in June 2012 and a general review of the > contractual needs of the new gTLD program. Among the proposed > changes, ICANN has added the Public Interest Commitments > Specification. > > The Public Interest Commitments Specification will require > operators of new gTLDs to use only registrars that are party to the > 2013 Registrar Accreditation Agreement (which is under > negotiation). The Public Interest Commitments Specification is also > a mechanism to allow registry operators to commit to certain > statements made by the registry operator in its application for the > gTLD, as well as to specify additional public interest commitments, > in either case transforming such commitments into binding > contractual obligations that may be enforced by ICANN through a new > dispute resolution mechanism that will be available to any party > harmed by a registry operator's failure to comply with such public > interest commitments. > > Concurrent with this public comment period on the proposed > revisions to the agreement, ICANN will also ask each applicant to > submit a TLD-specific Public Interest Commitments Specification. > ICANN will communicate directly with applicants regarding the > details of submitting Public Interest Commitments Specification. > ICANN expects to request applicants to submit their Public Interest > Commitments Specifications by 5 March 2013, and ICANN plans to have > them all posted for public review by 6 March 2013. > > The proposed revised New gTLD Registry Agreement is now open for > public comment. > > Section II: Background > The new generic Top-Level Domain (New gTLD) Program was developed > to increase competition and choice by introducing new gTLDs into > the Internet's addressing system. The Applicant Guidebook (AGB) was > produced to define the program and provide instructions on the > application process. Within the AGB, Module 5 contains the draft > New gTLD Registry Agreement. This is the document that will be > entered into by successful applicants and ICANN before proceeding > to the next phase of delegation and will contain the rights and > obligations of each New gTLD registry operator. The current version > of the New gTLD Registry Agreement, published as part of the AGB in > June 2012, requires certain updates and changes before it can be > finalized for use by successful applicants. > > Each new gTLD application includes business plans and statements of > intent regarding applicant plans for operation of the proposed new > gTLD registry. For example, some applicants stated in their > applications that they intend to implement registration > restrictions or heightened rights protection mechanisms above those > required in the current draft of the New gTLD Registry Agreement. > Outside of community-based applications, there are no mechanisms > for requiring these plans and objectives to be incorporated into > the New gTLD Registry Agreement. The GAC's Toronto Communiqué > provided advice to the Board of Directors of ICANN that "it is > necessary for all of these statements of commitment and objectives > to be transformed into binding contractual commitments, subject to > compliance oversight by ICANN." In response to the GAC, the New > gTLD Program Committee of the Board has approved a public comment > period on a proposed Public Interest Commitments Specification as a > mechanism to transform application statements into binding > contractual commitments, as well as to give applicants the > opportunity to voluntarily submit to heightened public interest > commitments. The Public Interest Commitments Specification has been > incorporated into the revised New gTLD Registry Agreement as > Specification 11 and is being submitted for public comments along > with various other updates and changes to the New gTLD Registry > Agreement more specifically described in the Summary of Changes, > available below. > > Section III: Document and Resource Links > Revised gTLD Registry Agreement with Public Interest Commitments > Specification 2013-02-05 - clean [PDF, 886 KB] > Revised gTLD Registry Agreement with Public Interest Commitments > Specification 2013-02-05 - red-lined [PDF, 787 KB] > Summary of Changes 2013-02-05 [PDF, 445 KB] > Draft gTLD Registry Agreement 2012-06-04 version: Base Agreement & > Specifications [PDF, 917 KB] > ICANN Website for New Generic Top-Level Domains Applicant > Guidebook:http://newgtlds.icann.org/en/applicants/agb > Section IV: Additional Information > None > > (*) Comments submitted after the posted Close Date/Time are not > guaranteed to be considered in any final summary, analysis, > reporting, or decision-making that takes place once this period lapses > > > Glen de Saint Géry > GNSO Secretariat > [log in to unmask] > http://gnso.icann.org > IP JUSTICE Robin Gross, Executive Director 1192 Haight Street, San Francisco, CA 94117 USA p: +1-415-553-6261 f: +1-415-462-6451 w: http://www.ipjustice.org e: [log in to unmask]