2008-04-30 - .PRO Proposed Contract Amendments

Kurt Pritz advised that this is a request for a change to the .PRO registry agreement from the registry operator. The restricted TLD was intended to serve a limited number of certified professionals: medical, law, accounting, and engineering professions, and noted the issues that have been faced by the registry, that did not purport to meet with the purpose of the original proposal. The TLD has had limited success to date, with registrations in the low thousands. In an attempt to invigorate the business .PRO has proposed three changes to registry agreements: the number of professions allowed to be increased by nine (in addition to the existing four) plus additional professions licensed by governmental boards; increase the ability to make registrations at the second level; and add a Terms of Use to the registry agreement.

Pritz noted that the purpose of the proposed amendment is to improve the business model: it adds the potential of more registrants. The Terms of Use clause is intended to improve the integrity of registrations: requires registrars to follow the terms by amendment to the RAA that require professional registration be used only for the purpose intended; and requiring registrants to follow the purpose by affirmatively stating, each year, that the registration is being used appropriately.

Pritz noted that .PRO has struggled as a registry and is seeking to reinvigorate the registry and that staff supports the efforts to make it successful while maintaining appropriate restrictions.

Harald Alvestrand asked if there is anything in this that would make the improper registrations goes away, make the operation that was getting around the restriction stop. Kurt Pritz advised that the Terms of Use clause is intended to address this. Staff has met with .PRO on many occasions and insisted that the behavior that enabled registrants to work around the restrictions should cease. Registrants will be required to state annually that they are using the registration for the professional purpose as intended. The registrar is required to play a role in ensuring the intended use.

The Chair inquired about the proposed procedures and Kurt Pritz advised that the registrant is still required to be licensed, and must annually confirm their profession.

Steve Goldstein reflected that under the new gTLD policy that is under consideration, that ICANN may get more of these types of questions and advised against ICANN policing these restrictions. Goldstein advised that we must make sure to avoid these loopholes when this is implemented. The Chair noted that there is quite a lot of work going into the implementation program and that these issues are being actively discussed.

Bruce Tonkin asked what we are going to do with respect of existing restricted or sponsored TLDs when new gTLDs are introduced with different agreements, and whether we intend to change their existing contract terms or restrictions going forward? The Chair noted that it will be difficult to monitor the old ones in the same way that we do now, when a couple of hundred new ones will be coming online.

Rajasekhar Ramaraj moved and Steve Goldstein seconded the following resolution:

Whereas, RegistryPro reached out to ICANN in May 2007, about its proposed plan to develop the .PRO TLD by broadening registration restrictions, implementing verification procedures designed to preserve the spirit of the intent of the registry, and to reduce the size of its Advisory Board.

Whereas, RegistryPro consulted with its Advisory Board, the registrar community and ICANN about proposed changes to the Registry Agreement.

Whereas, ICANN and RegistryPro worked in partnership during the period May 2007 through March 2008, regarding the proposed changes to Appendices L and F of the Registry Agreement.

Whereas, on 14 March 2008, ICANN posted for public comment (see, http://www.icann.org/announcements/announcement-14mar08.htm) RegistryPro's proposal contract amendments to their Registry Agreement and an overwhelming majority of the comments expressed support for the proposed contract amendments.

It is hereby resolved (__.2008) that the proposed changes to the .PRO Registry Agreement are approved, and the President and General Counsel are authorized to take such actions as appropriate to implement the amendments.