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Board directs negotiations with gTLD Registrars to begin immediately, resolves that the subject of the negotiations should include law enforcement and GNSO working group recommendations, and directs the Board to create an Issue Report to undertake a GNSO policy development process.
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Whereas the GNSO Council resolved on 4 March 2009 to support Registrar Accreditation Agreements (RAA) amendments as documented in http://gnso.icann.org/drafts/current-list-proposed-raa-amendments-16dec08.pdfWiki Markup
Whereas the Council provided a report from that working group that prioritized recommendations for RAA amendment topics.
Whereas law enforcement representatives have met on several occasions to develop and deliver recommendations for Registrar Accreditation Agreement amendment topics and those recommendations have been endorsed by ICANN's Governmental Advisory Committee.
Whereas the GNSO has extensively debated the process for developing and approving amendments to the RAA.
Whereas continuing to evolve the RAA is an important element in a program to protect registrants and safeguard the stability of a single interoperable Internet.
Whereas the gTLD registrars and ICANN are entering into negotiations to consider existing recommendations and deliver a proposed set of meaningful amendments in the global public interest with the twin goals of registrant protection and stability in mind.
Resolved (2011.10.28.31), the ICANN Board directs negotiations to commence immediately, resulting in proposed amendments to be provided for consideration at ICANN's meeting in Costa Rica in March 2012.
Resolved, (2011.10.28.32), the subject of the negotiations should include law enforcement and GNSO working group recommendations as well as other topics that would advance the twin goals of registrant protection and DNS stability.
Resolved (2011.10.28.33), the Board also requests the creation of an Issue Report to undertake a GNSO policy development process (PDP) as quickly as possible to address remaining items suited for a PDP.
Implementation Actions
- Commence negotiations with gTLD registrars.
- Responsible entity: Staff, Registrars
- Due date: Immediately
- Completion: November 2011
- Provide proposed amendments for consideration
- Responsible entity: Staff, Registrars
- Due date: March 2012
- Completion: Ongoing
- Create Issue Report to undertake GNSO PDP.
- Responsible entity: Policy staff
- Due date: None provided
- Completion: 12 December 2011
Rationale
The Board wishes to convey its sense of urgency on this issue. Law enforcement agencies and a GNSO working group have developed a list of specific recommendations for amending the RAA to provide greater protections for registrants and reduce abuses. Yet no action has been taken on these recommendations. The Board requires action. Direct negotiations between the contracted parties is seen as a way to rapidly develop a set of amendments for consideration.
For the benefit of the ICANN community, the Board is also requesting an issues report to explore the Policy alternatives for developing and making binding changes to the RAA. The Board also recognizes and accepts the GAC Communiqué statement that the ICANN Board to take the necessary steps to ensure that ICANN's multi-stakeholder process effectively addresses these GAC-endorsed proposals as a matter of extreme urgency.
This resolution will have no fiscal impact, nor will it have any impact on the security, stability and resiliency of the domain name system.
Other Related Resolutions
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- The Issue Report on RAA Amendments is available at http://www.icann.org/en/news/public-comment/raa-amendments-prelim-issue-report-12dec11-en.htm.
- The progress on the RAA negotiations can be found at http://www.icann.org/en/news/announcements/announcement-02dec11-en.htm
- A status report on the negotiations is available at http://www.icann.org/en/news/announcements/announcement-01mar12-en.htm
. - The resolution does not address funding for the items identified therein.
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