[cabfpub] Base Domain Name correction

[Peter Bowen]

The Baseline Requirements have a definition of “Base Domain Name” which seems to reference the wrong ICANN standard.  Right now it says:

> Base Domain Name: The portion of an applied‐for FQDN that is the first domain name node left of a registry‐ controlled or public suffix plus the registry‐controlled or public suffix (e.g. "example.co.uk" or "example.com"). For FQDNs where the right‐most domain name node is a gTLD having ICANN Specification 13 in its registry agreement, the gTLD itself may be used as the Base Domain Name. 

Based on discussions with some colleagues who are very knowledgeable in ICANN processes, I suggest a change to the last sentence to read:

> For FQDNs where the right‐most domain name label is a gTLD for which a Code of Conduct Notice of Exemption was granted by ICANN (https://newgtlds.icann.org/en/applicants/agb/base-agreement-contracting/ccer), or where the right-mode domain label is “mil", the gTLD itself may be used as the Base Domain Name. 

The former definition currently references Specification 13, but Spec 13 allows registrations by companies that license trademarks.  For example, independent
auto dealers can operate websites under their licensed brand (e.g. http://www.mh-autoforum-giessen.audi/ ).  Conversely, the exemption explicitly says:

1) All domain name registrations in the TLD are registered to, and maintained by, Registry Operator for the exclusive use of Registry Operator or its affiliates
2) Registry Operator does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an affiliate of Registry Operator

This is the appropriate standard to treat the TLD as the registered domain.  There are currently 78 TLDs that have been granted an exemption: .able, .agakhan, .akdn, .allfinanz, .aramco, .axa, .bcn, .bond, .broadway, .cal, .catholic, .cityeats, .crs, .dclk, .dev, .dot, .drive, .erni, .eurovision, .firmdale, .foo, .ftr, .gbiz, .gle, .globo, .goog, .gotv, .guge, .hangout, .helsinki, .imamat, .ismaili, .jprs, .kerryhotels, .kerrylogistics, .kerryproperties, .kfh, .kred, .kuokgroup, .lasalle, .lds, .lifestyle, .living, .mango, .med, .mma, .mormon, .movistar, .neustar, .nra, .observer, .office, .ollo, .play, .pohl, .prod, .quest, .realtor, .redumbrella, .richardli, .sakura, .seat, .shriram, .stc, .stcgroup, .telefonica, .thd, .travelersinsurance, .trv, .vana, .viva, .xn--80aqecdr1a, .xn--mgbi4ecexp, .xn--tiq49xqyj, .yamaxun, xn--mgba3a3ejt, xn--ngbe9e0a, xn--w4r85el8fhu5dnra

The change also recognizes that “mil”, which is a pre-ICANN non-CCTLD, follows the same rules; everything under .mil is part of the United States Department of Defense and .mil has no concept of public registrations.

I believe that this change is in line with the current expectations and will hopefully be non-controversial.

Thanks,
Peter