Guidebook Fails to Enumerate Graduated Sanctions

Even though ICANN's recently adopted Cross-Ownership Resolution calls for "the use of graduated sanctions up to and including contractual termination and punitive damages", no list of graduated sanctions appears in the proposed new Applicant Guidebook.

In fact the only reference to registry operator sanctions is found in the context of "operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations)" -- yet these operational sanctions are not enumerated either.

This is a far cry from what both the Board and the community expected.  In earlier contracts it was stipulated that: 

"Sanctions of up to US$10,000 for each violation may be assessed for each minor violation found and sanctions of up to US$100,000 for each violation may be assessed for each major violation found. The amount of the financial sanction shall be proportionate to the violation and other relevant facts."

It sure looks like ICANN Staff is working overtime to protect the registry interest.  It's rather hard to imagine that this failure to enumerate a graduated sanctions program could be a mere oversight.