|
Kristina and all, At the last GNSO Council meeting, during the discussion on
the issues report on registration abuse provisions, Kristina Rosette asked
whether Afilias was required to use the Registry Services Evaluation Process
(RSEP) to implement their anti-abuse policy or whether Afilias could have
implemented it unilaterally. Following is staff’s response to that
question: Afilias contacted ICANN about their proposed anti-abuse
policy and following a review of the RSEP and their Registry Agreement, ICANN
staff determined that the proposed anti-abuse policy did not require a
modification to the Registry-Registrar Agreement (RRA) which is part of the
Registry Agreement. It should be noted, however, that the RSEP is required for
all registry services as defined in the Registry Agreement. It is also
worth noting that Afilias implemented their Abusive Use Policy pursuant to
section 3.5.2 of their Registry-Registrar Agreement <http://www.icann.org/en/tlds/agreements/info/appendix-08-08dec06.htm>,
which allows Afilias to require registrars to comply with: "operational
standards, policies, procedures, and practices for the Registry TLD established
from time to time by Afilias in a non-arbitrary manner and applicable to all
registrars, including affiliates of Afilias, and consistent with ICANN's
standards, policies, procedures, and practices and Afilias’ Registry
Agreement with ICANN." Please let us know if you have further questions. Thanks, Liz |