- Category: Board
- Topic: Reconsideration Requests
- Board meeting date: 2 June 2003
- Resolution number: 03.78, 03.79, 03.80
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/prelim-report-02jun03.htm
- Status: Completed
Summary
Board adopts the following recommendations of the Reconsideration Committee: that the Board take no action on RC 02-5, and that the Board revise Resolution 02.100 to give the staff flexibility to negotiate the .com and .net registry agreements with VeriSign in accordance the policies outlined in Recommendation RC 02-6.
Text
RESOLVED [03.78] that the Reconsideration Committee's Recommendation RC 02-5 is adopted for the reasons stated in that recommendation.
Whereas, in resolution 02.100 the Board authorized the President and General Counsel to conduct negotiations on behalf of ICANN toward appropriate revisions to the .com and .net registry agreements between ICANN and VeriSign to provide for the offering of a wait-listing service (WLS) as proposed by VeriSign, with various additional conditions;
Whereas, in request for reconsideration RC 02-6 VeriSign requested reconsideration of some of those conditions;
Whereas, the Reconsideration Committee has recommended that Condition c be revised, but that the Board take no other action on reconsideration request RC 02-6;
RESOLVED [03.79] that the Reconsideration Committee's Recommendation RC 02-6 is adopted for the reasons stated in that recommendation; and
FURTHER RESOLVED [03.80] that resolution 02.100 is hereby revised so that the President and General Counsel are authorized to conduct negotiations on behalf of ICANN toward appropriate revisions to the .com and .net registry agreements between ICANN and VeriSign to provide for the offering of a WLS as proposed by VeriSign, with the following additional conditions:
(a) Subscriptions under the WLS in the .com and .net top-level domains shall not be taken by VeriSign Global Registry Services until at least six months have elapsed after implementation of the Redemption Grace Period for all deleted names in those top-level domains;
(b) No preference in connection with, or exclusion from, WLS shall be given because of any registrar-level reservation service;
(c) To avoid an incumbent registrar acquiring a preference in obtaining a WLS subscription through advance knowledge of or control over the deletion of a domain-name registration, there shall be appropriate limitations on that registrar's ability to obtain a WLS subscription on any domain name that it is concurrently sponsoring in the registry;
(d) With regard to transparency of information regarding WLS subscriptions, there shall be an effective mechanism for actively notifying the current domain-name holder upon the placing of a WLS subscription on the name, without revealing the identity of the party holding the WLS subscription;
(e) The WLS shall be offered for a trial period of twelve months, with subscriptions offered for a one-year term so that they last no longer than one year past the end of the trial period; and
(f) There shall be a data-gathering and evaluation program, to be specified in the negotiated revisions to the agreements, that includes mechanisms for analyzing whether the WLS harms the legitimate interests of consumers or others.
Implementation Actions
- Conduct negotiations on behalf of ICANN toward revisions to the .com and .net registry agreements between ICANN and VeriSign to provide for the offering of a WLS.
- Responsible entity: President and General Counsel.
- Due date: None specified
- Completion date: January 2004
Other Related Resolutions
- Board Resolution 02.100, adopted 23 August 2002, authorizing the President and General Counsel to conduct negotiations on behalf of ICANN toward appropriate revisions to the .com and .net registry agreements between ICANN and VeriSign.
- Board Resolution 04.19, adopted 6 March 2004, approving the results of negotiations with VeriSign concerning its WLS proposal and authorizing the President and General Counsel to seek U.S. Department of Commerce approval to amend the VeriSign registry agreements to permit the offering of WLS.
- Other resolutions TBD.
Additional Information
- ICANN's Reconsideration Policy, set forth in Article IV, §2 of the ICANN Bylaws, is available at: http://www.icann.org/en/general/bylaws.htm#IV.
- Request 02-5 for Reconsideration filed by Dotster, Inc. on 12 Septemeber 2002 is available at: http://www.icann.org/en/committees/reconsideration/dotster-request-12sep02.htm.
- Letter from Kevin E. Brannon to Paul Twomey (9 April 2003) (inquring about status of Request 02-5).
- Message from Louis Touton to Kevin E. Brannon (6 May 2003) (giving status report on Request 02-5).
- Request 02-6 for Reconsideration filed by VeriSign on 16 October 2002 is available at: http://www.icann.org/en/committees/reconsideration/verisign-request-16oct02.htm.
- Letter from Kevin E. Brannon to Stuart Lynn and Louis Touton Regarding VeriSign Request for Reconsideration (30 October 2002).
- Message to Philip L. Sbarbaro Regarding Handling of 16 October 2002 Letter Under Reconsideration Policy (3 November 2002).
- Message to Kevin E. Brannon Regarding Dotster's 30 October 2002 Letter (3 November 2002).
- Letter from Kevin E. Brannon to Paul Twomey (9 April 2003) (inquring about status of Request 02-6).
- Message from Louis Touton to Kevin E. Brannon (6 May 2003) (giving status report on Request 02-6).
- On 26 January 2004, ICANN's General Counsel wrote to VeriSign to document the conclusion of negotiations concerning the conditions on VeriSign's proposed offering of WLS; available at: http://www.icann.org/correspondence/jeffrey-to-lewis-26jan04.pdf.
- The resolution does not address funding for the items identified therein.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.
