ICANN staff has posted a draft report about the issues they think are relevant to a registry services process for approval.

They are trying hard, but I think they are headed in a dangerously wrong direction.

Let's take the thick contracts that the unsponsored registries have now. The unsponsored contract now provides for prior approval for registry services IF they are for a fee (require an addition to App. G) or if they change the specs (for registry-registrar interaction). The contracts also require ICANN not unreasonably to withhold such approval (and to act reasonably promptly).

It could be a win-win for registries to establish an agreement with ICANN that the registry MAY start the clock on
such approvals by giving notice to the staff in some way registries agree on. Obviously, this would only apply to new actions that fall within the definition of REGISTRY SERVICES (and the registry would be agreeing to that coverage by giving the notice). ICANN staff could choose to notify other groups, subject to respecting requests for confidentiality that the registry had made.

ICANN would agree in this new procedural agreement that it could refuse to approve if (1) a price for a new service allows, an end run on the registration fee cap -- particularly if the service is not optional and the price is
way out of line with market value, or (2) the service changes the specification and breaks the Internet -- but (3) only if it acted within 30 days (ICANN would agree that failure to act within 30 days would mean approval).

This would require a small amendment to the contract. But it does not really change the substance of what is
already in the contract. This would give unsponsored registries some certainty -- they'd get prompt responses and
could protect their confidential information.

If ICANN didn't agree with the assertion of confidentiality, it could refuse to approve the service.
Then we'd have a dispute that could be resolved in accordance with the dispute resolution terms in the contract. ICANN would get a clear restatement of its powers, could stop worrying about antitrust (and calling in competition experts, as Twomey is planning to do), and would get early notice of changes.