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Who and How: The Application 10:15 – 11:15. Who and How: The Application. Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg Traurig Alexa Raad - Architelos Nick Wood - Valideus. The Questions. Moderator John Berryhill Panelists Alexa Raad Nick Wood
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Who and How:The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg Traurig Alexa Raad - Architelos Nick Wood - Valideus
The Questions Moderator John Berryhill Panelists Alexa Raad Nick Wood Paul McGrady
The Application Rules We’ve been told “The decision to review and consider an application to establish one or more gTLDs is entirely at ICANN’s discretion.” “Applicant acknowledges that any material misstatement or misrepresentation (or omission of material information) may cause ICANN and the evaluators to reject the application without a refund of any fees paid by Applicant”.
What the evaluators want Plan integration “How thorough are the answers? Are they well thought through and do they provide a sufficient basis for evaluation? Demonstration of the ability to operate & fund the registry Demonstration the technical plan will deliver on best practices & identification of DNS stability & security issues. Ensures plan integration, consistency and compatibility • Funding adequately covers technical requirements, • Funding covers costs, • Risks are identified and addressed”
About the questions Structure of questions Each question represents a minimum set of requirements • Tells you how to comply • Outlines provided for what a complete answer should include • Additional guidance for extra points Public facing questions: Qs 1-30a • Focused on who you are, registry service, and type of string Internal facing questions: Qs 30b-50 • Focused on operations and financial support
Applicant Information Q. 1 - 12a The applicant, address, legal form of the applicant, all directors, officers, partners, shareholders Mandatory eligibility criteria: • Fees paid on time • Proof of legal establishment
Question 11 Background screening Strong presumption of failing background screening process if any conviction of crimes listed in question 11e For both the entity applying and key individuals listed in the application “For example, a final and legally binding decision obtained by a national law enforcement or consumer protection authority finding that the applicant was engaged in fraudulent and deceptive commercial practices”
String Information Q. 13 – 17 The String in ASCII or IDN Q13 The character string Q14 – 17 IDNS if applicable Mandatory to supply: IDN tables for applied for language or script IDN tables for each language or script to be offered at 2nd level No variant scripts
Mission/Purpose of TLD Q. 18e Describe the mission & purpose of the registry Description of purpose of registry must be sufficiently detailed to enable comment For community-based, answer must be consistent with Q.20 Two economic benefit questions to assist in post-launch study • How will your proposed new gTLD benefit registrants, Internet users and others? • What operating rules will you adopt to eliminate or minimize social costs?
Community-based or Standard Q. 19 – 20 Community-based applications For applications where there are “unambiguous associations among the applicant, the community served, and the string” Community status cannot be changed Scoring in Community-evaluation based on this description Contention can be resolved via Settlement, Community-Priority Evaluation or Auction Post-delegation contractual obligations will reflect commitments to the specified community
Geographic Terms Q.21-22 Government endorsement required: Capital cities or if TLD is to be “used for purposes associated with a city name” (ISO 3166/1 list) Sub-national place names (ISO 3166-2 list) or UN region Documents of support or non-objection required from relevant governments or public authorities Process and policies for protection of geographic terms at second level required, incorporating GAC advice “An application for a country or territory name, as defined in the Applicant Guidebook, will not be approved”
Registry Services Q. 23 Describe processes for registration, renewal, assignment, modification, lapsing Security, Stability and registrant protection paramount Are any registry services unique to the TLD or requiring further analysis? If so, Registry Services Technical Evaluation Panel Every answer from now on must align with the Registry Services provided “Applicant may engage in only those registry services defined in the application, unless a new request is submitted to ICANN in accordance with the Registry Agreement”
Technical & Operational Questions Q. 24 – 44 All questions scored & published 30 points available: 22 points required to pass Answer exceeds, meets or fails to meet criteria Questions cover: System architecture, SRS Platform, security capabilities, problem handling, dedicated vs shared servers, DNS Network, whois, backup, disaster recovery, DNSSEC, IDNs, data escrow, billing & payments External facing processes open for public comment “In the event that an applicant chooses to outsource one or more parts of its registry operations, the applicant should still provide the full details of the technical arrangements.”
Abuse Prevention & RPM Q.28 – 29 Three points on offer Bonus points if Abuse Prevention core objective & for promoting whois accuracy Mandatory Sunrise, IP Claims, implementation of decisions under URS and UDRP Requirement for Abuse Point of Contact “Responsible for addressing matters requiring expedited attention and providing a timely response to abuse complaints concerning all names registered in the TLD through all registrars of record, including those involving a Reseller”.
Security Question 30: “Calls for security levels to be appropriate for the use and level of trust associated with the TLD” Specify commitments made to registrants concerning security levels Extra points awarded for an independent report stating effective security controls
Technical Overview Questions 31: Technical Overview of Proposed Registry Tells high-level story of the technical and operational aspects of the registry Description of outsourcing plans
Financial capability Q. 45 – 50 Funding must cover tech & op. requirements Mandatory provision of audited financial statements (balance sheet, income statement, statement of shareholders equity/partner capital, and cash flow statement) or unaudited statements if new Complete a Projections Template & describe rationale for assumptions. 8 points out of possible 11 must be secured by describing: • Costs which should be sufficient to maintain registry operations & provide registry services • Sources of funding & Revenue for Start-up & daily operation • Revenue model including all sources of funds
Critical registry operations Q. 50 Provide a cost estimate for funding critical registry operations on an annual basis. • DNS resolution for registered domain names • Operation of the Shared Registration System • Provision of Whois service • Registry data escrow deposits • Maintenance of a properly signed zone in accordance with DNSSEC requirements. Mandatory requirement for irrevocable Letter of Credit or deposit into an irrevocable cash escrow account sufficient to cover critical registry operations for three years
Last Words Module Six: Terms & Conditions “Applicant warrants that the statements and representations contained in the application are true and accurate and complete in all material respects, and that ICANN may rely on those statements and representations fully in evaluating this application.”
Thank YouAlexa Raad araad@architelos.comNick Wood nick.wood@valideus.comPaul McGrady mcgradyP@gtlaw.com John Berryhill john@johnberryhill.com