10 November, 2010

ICANN Board Retreat Resolution

A single resolution has emerged from the ICANN Board retreat on the topic of cross-ownership:

Resolved, (2010.11.05.02), the Board directs the CEO to include the following principles relating to registry-registrar cross-ownership in the forthcoming version of the Applicant Guidebook.

  1. ICANN will not restrict cross-ownership between registries and registrars. Registry operators are defined as the registry operator and all other relevant parties relating to the registry services.
  2. Registry agreements will include requirements and restrictions on any inappropriate or abusive conduct arising out of registry-registrar cross ownership, including without limitations provisions protecting against:
    1. misuse of data; or
    2. violations of a registry code of conduct;
  3. These provisions may be enhanced by additional enforcement mechanisms such as the use of self-auditing requirements, and the use of graduated sanctions up to and including contractual termination and punitive damages.
  4. ICANN will permit existing registry operators to transition to the new form of registry agreement, except that additional conditions may be necessary and appropriate to address particular circumstances of established registries.
  5. ICANN will have the ability to refer issues to relevant competition authorities.
  6. ICANN will have the ability to address possible abuses that may arise out of registry-registrar cross-ownership through the consensus policy process.
Further details are available here.

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