Renewal of .INFO Registry Agreement

Why the Board is addressing the issue now?

The current .INFO Registry Agreement expires on 31 August 2013. The proposed renewal agreement was posted for public comment between 3 June 2013 and 15 July 2013. The Board is being asked to approve the renewal registry agreement prior to the expiration of the current agreement.

What is the proposal being considered?

The changes to the .INFO Registry Agreement and the Appendices fall within several broad categories: (1) changes to promote consistency across registries; (2) changes to include similar provisions from the New gTLD Registry Agreement approved by the New gTLD Program Committee of the ICANN Board, (3) changes to update the agreement to reflect changes that have occurred since the current .INFO Registry Agreement was signed (including updating references, technical changes and other updates); and (4) changes to allow Afilias to better serve the Internet community (including to allow Afilias to more quickly address certain imminent threats to the security and stability of the TLD or the Internet).

Which stakeholders or others were consulted?

ICANN conducted a public comment period on the proposed renewal .INFO Registry Agreement from 3 June 2013 through 15 July 2013, following which time the comments were summarized and analyzed.

What concerns or issues were raised by the community?

Two members of the community participated in the public comment period. Members in the community raised comments regarding dispute resolution mechanisms, access to registry services and change in control.

There was a specific community concern raised, and subsequent letters provided to the Board, regarding the inclusion of a requirement for the Uniform Rapid Suspension (URS) to be included in the renewed agreement, as well as requiring the Registry Operator to use only Registrars contracted under the 2013 RAA.  In taking this decision, the Board considered the concern that extending the requirement to use the URS to existing gTLDs (which currently is only a requirement for Registry Operators approved through the the New gTLD Program) would possibly be a matter for policy development.  In addition, requiring the imposition of the URS today to millions of domain names may be premature given the implementation schedule for the URS processes.  With regard to the use of Registrars, the renewal agreement includes a term for transition to the exclusive use of Registrars contracted under the 2013 RAA, if certain conditions occur, including if Registrars representing two-thirds of the registrations in the TLD sign the 2013 RAA.  In addition, the Board considered the concerns that requiring this long-operating Registry Operator to immediately transition to the use of Registrars contracted under the 2013 RAA could place the Registry Operator at a disadvantage to other existing gTLD operators that do not have this requirement nor a transitional clause written into their registry agreements.  These issues were also considered with the Registry Operator as part of the development of the renewal agreement.

What significant materials did the Board review?

The Board reviewed the proposed .INFO Renewal Registry Agreement and its Appendices <http://www.icann.org/en/news/public-comment/info-renewal-03jun13-en.htm>

The Board also reviewed the summary and analysis of public comments.

What factors the Board found to be significant?

The Board carefully considered the public comments and Staff recommendation with respect to those comments. The Board considered ICANN’s contractual obligations with respect to the current .INFO Registry Agreement in reaching this decision, specifically that the agreement must be renewed absent certain uncured breaches by the registry operator and that certain terms of the renewal are required to conform to existing comparable gTLD registry agreements.

Are there positive or negative community impacts?

As part of the renewal process, ICANN conducted a review of Afilias’s recent performance under the current .INFO Registry Agreement. The compliance review covered areas including: Timeliness and Content of Monthly Reports; Add Grace Period Limits Policy; Bulk Zone File Requirements; and Payment of Required Fees. Afilias was found to have substantially met its contractual requirements (see http://www.icann.org/en/news/public-comment/info-renewal-03jun13-en.htm).  Evidence indicates that the community can expect such good performance to continue.

Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

There is no significant fiscal impact expected if ICANN approves the proposed renewal .INFO Registry Agreement. The provisions regarding registry-level fees and pricing constraints are for the most part consistent with the New gTLD Registry Agreement and the current comparable gTLDs.

Are there any security, stability or resiliency issues relating to the DNS?

There are no expected security, stability, or resiliency issues related to the DNS if ICANN approves the proposed renewal .INFO Registry Agreement. The proposed renewal Registry Agreement in fact includes terms intended to allow for swifter action in the event of certain threats to the security or stability of the DNS.

This is an Organizational Administrative Function for which ICANN received public comment.