who and how: the application 10:15 – 11:15. who and how: the application moderator john berryhill...

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Who and How: The Application 10:15 – 11:15

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Page 1: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Who and How:The Application

10:15 – 11:15

Page 2: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Who and How:The Application

Moderator John Berryhill – John Berryhill LLC

PanelistsPaul McGrady - Greenberg Traurig

Alexa Raad - ArchitelosNick Wood - Valideus

Page 3: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

The Questions

Moderator

John BerryhillPanelistsAlexa RaadNick Wood

Paul McGrady

Page 4: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

The Application RulesWe’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”.

Page 5: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

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”

Page 6: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

About the questionsStructure 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

Page 7: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

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

Page 8: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Question 11Background 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”

Page 9: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

String InformationQ. 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

Page 10: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Mission/Purpose of TLDQ. 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?

Page 11: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Community-based or StandardQ. 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

Page 12: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Geographic TermsQ.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”

Page 13: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Registry ServicesQ. 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”

Page 14: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Technical & Operational QuestionsQ. 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.”

Page 15: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Abuse Prevention & RPMQ.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”.

Page 16: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

SecurityQuestion 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

Page 17: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Technical OverviewQuestions 31: Technical Overview of Proposed

Registry

Tells high-level story of the technical and operational aspects of the registry

Description of outsourcing plans

Page 18: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Financial capabilityQ. 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

Page 19: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Critical registry operationsQ. 50 Provide a cost estimate for funding critical

registry operations on an annual basis.

1. DNS resolution for registered domain names

2. Operation of the Shared Registration System

3. Provision of Whois service

4. Registry data escrow deposits

5. 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

Page 20: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Last WordsModule 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.”

Page 21: Who and How: The Application 10:15 – 11:15. Who and How: The Application Moderator John Berryhill – John Berryhill LLC Panelists Paul McGrady - Greenberg

Thank You

Alexa Raad [email protected] Wood [email protected] McGrady [email protected] John Berryhill [email protected]