[ALAC] [At-Large] New Public Comment: Proposed Amendments to Base New gTLD Registry Agreement Follow Updates

Alan Greenberg alan.greenberg at mcgill.ca
Thu Jun 2 19:44:39 UTC 2016

At 02/06/2016 04:04 AM, Holly Raiche wrote:

>I have also had a quick look
>   Some of the redline text is about technical 
> matters and I do not have the expertise to 
> comment - so need another pair of eyes.  The 
> only questions I would otherwise raised are:
>In Cl 6.7, ICANN now can grant a fee waiver in 
>its absolute discretion - without having to say 
>why.  Do we think that is a problem?

It doesn't say they don't have to say why. It 
says it is at their sole discretion. It sounds 
like the waiver would be quid pro quo for 
something it gets in return ("Operator’s 
acceptance of the terms and conditions set forth 
in such waiver.") I have no specific information 
on when they might do this, but ICANN has used 
fee reductions as enticements to get registrars 
to move to new contracts, as an example.

>In CL 7.5- in the earlier version of the 
>contract, if there was a change of control that 
>was okay, it had to be to an entity that is 
>either wholly owned or directly connected to the 
>Registry.  That test has been loosened to a 
>wider test - again, is that a problem.

Doesn't sound like an issue that concerns me.The 
description of the changes is "Revision creates a 
new defined term, “Affiliated Assignee,” which 
has the effect of facilitating reorganizations by 
Registry Operator without triggering a consent 
right of ICANN. Revision also clarifies that the 
Affiliated Assignee’s assumption of the 
obligations under the Registry Agreement must be 
made in writing." I think it just acknowledges 
that corporate lawyers (and perhaps tax 
accountants) can be imaginative in how they change things.


>Again, I leave the technical changes to others, 
>but otherwise, don’t have comments
>On 2 Jun 2016, at 7:18 am, Cheryl Langdon-Orr 
><<mailto:langdonorr at gmail.com>langdonorr at gmail.com> wrote:
>>Hi all... I have also dine a *very quick once 
>>over*  and concur with Alans appraisal...  But 
>>note my particular pleasure at seeing the new 
>>language in 2.1.5 and more generally relating 
>>to IDN's and IANA Db Updates...  Others of 
>>course should as Alan suggested read and review as well...
>>On 2 Jun 2016 5:59 am, "Alan Greenberg" 
>><<mailto:alan.greenberg at mcgill.ca>alan.greenberg at mcgill.ca> wrote:
>>I did a quick read-through of the redline 
>>version of the contract and did not notice 
>>anything onerous, but it would be a good idea 
>>if one or more other people also reviewed it.
>>The redline version is at 
>>>From: ICANN At-Large Staff 
>>><<mailto:staff at atlarge.icann.org>staff at atlarge.icann.org>
>>>"<mailto:alac-announce at atlarge-lists.icann.org>alac-announce at atlarge-lists.icann.org"
>>><<mailto:alac-announce at atlarge-lists.icann.org>alac-announce at atlarge-lists.icann.org>, 
>>>"<mailto:at-large at atlarge-lists.icann.org>at-large at atlarge-lists.icann.org"
>>><<mailto:at-large at atlarge-lists.icann.org>at-large at atlarge-lists.icann.org>
>>>Date: Wed, 1 Jun 2016 17:55:59 +0000
>>>Subject: [At-Large] New Public Comment: 
>>>Proposed Amendments to Base New gTLD Registry Agreement Follow Updates
>>>Precedence: list
>>>Dear All,
>>>This is to let you know that the Public 
>>>Comment on the ‘Proposed Amendments to Base 
>>>New gTLD Registry Agreement Follow Updates' 
>>>has now gone live: 
>>>Public comment will end on 13 July 2016 23:59 
>>>UTC. During this period, anyone can submit 
>>>comment via 
>>><mailto:comments-proposed-amend-new-gtld-agreement-31may16 at icann.org>comments-proposed-amend-new-gtld-agreement-31may16 at icann.org. 
>>>As an advisory committee of ICANN, the ALAC 
>>>submits Statements on Public Comment and 
>>>advises on policy matters related to the 
>>>interest of Internet users worldwide. Not just 
>>>limited to the 15 ALAC members, members from 
>>>the wider At-Large community are welcome to 
>>>draft a Statement on behalf of the ALAC.
>>>If you are interested in drafting an ALAC 
>>>Statement on this Public Comment, kindly 
>>><mailto:staff at atlarge.icann.org>staff at atlarge.icann.org. 
>>>At-Large Staff will follow up and help you understand the procedure.
>>>Additionally, the wiki workspace for 
>>>developing a potential ALAC Statement is here: 
>>>All pertinent resources for this public comment can also be found there.
>>>Heidi Ullrich, Silvia Vivanco, Ariel Liang, 
>>>Gisella Gruber, Nathalie Peregrine, Terri Agnew and YeÅŸim Nazlar
>>>ICANN Policy Staff in support of the At-Large Community
>>>E-mail: <mailto:staff at atlarge.icann.org>staff at atlarge.icann.org
>>>Website: <https://atlarge.icann.org/>atlarge.icann.org
>>>Twitter: <https://twitter.com/ICANNAtLarge>@ 
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