> On 23/09/2016, at 10:18 AM, John R Levine <jo...@taugh.com> wrote:
>> <<This policy implementation improperly conflates the Consistent Labeling 
>> and Display
>> (CL&D) Policy with ICANN’s request for registry operators to implement a new
>> standard for registration data display.
>> In addition, ICANN’s request to implement the new standard includes a 
>> requirement to
>> adopt a staff-developed operational profile and an additional requirement 
>> that registry
>> operators update their reporting to ICANN;
>> neither of these requirements are permitted by ICANN’s agreements with
>> affected registry operators.
> I'm looking at the new TLD registry agreement.  Could you point out the part 
> where it says they can't do that?

OK, I’ll spell it out - the claim being made, and apparently upheld by ICANN, 
is that ICANN staff improperly added staff decisions onto a policy achieved 
under community consensus in order to get the board to approve those decisions. 

Whether or not ICANN has the power to make these decisions is irrelevant - the 
issue is the inappropriate mechanism by which they were made, which a) is not 
consensus driven as all ICANN policies should be unless there’s a very good 
reason for the board to override that; and b) was not explicit in telling the 
board that so that they could make an informed decision.


Jay Daley
Chief Executive
desk: +64 4 931 6977
mobile: +64 21 678840
linkedin: www.linkedin.com/in/jaydaley

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