[lac-discuss-en] Fwd: [gnso-vi-feb10] DAGv5: SPECIFICATION 9* Registry Operator Code of Conduct

[Carlton Samuels]

This extract is useful.

Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
Strategy, Planning, Governance, Assessment & Turnaround
=============================


---------- Forwarded message ----------
From: Eric Brunner-Williams <ebw at abenaki.wabanaki.net>
Date: Sat, Nov 13, 2010 at 11:57 AM
Subject: [gnso-vi-feb10] DAGv5: SPECIFICATION 9* Registry Operator Code of
Conduct
To: "Gnso-vi-feb10 at icann.org" <Gnso-vi-feb10 at icann.org>



Colleagues,

This from draft-agreement-specs-redline-12nov10-en.pdf.

Enjoy.
Eric

SPECIFICATION 9*
Registry Operator Code of Conduct

[*Note: This draft Registry Operator Code of Conduct has been added to the
form New gTLD Agreement pursuant to the ICANN Board resolution of 5 November
2010 regarding the question of cross-ownership of gTLD registries and
ICANN-accredited registrars.  ICANN encourages community input on the types
of conduct that should be prohibited and/or mandated given the potential for
cross-ownership of domain-name distribution channels.]

1.  Registry Operator will not, and will not allow any parent, subsidiary,
Affiliate,  subcontractor or other related entity (each, a “Registry Related
Party”) to:

 a.  directly or indirectly show any preference or provide any special
 consideration to any registrar;

 b.  register domain names in its own right, except for names registered
through an ICANN accredited registrar that are reasonably necessary for the
management, operations and purpose of the TLD;

 c.   have access to user data or proprietary information of a registrar
utilized by or Affiliated with Registry Operator, except as necessary for
management and operations of the TLD; or

 d.   register names in the TLD or sub-domains of the TLD based upon a
search of available names by any consumer (i.e., "front-running").

2.  If Registry Operator or a Registry Related Party also operates as a
provider of registrar or registrar reseller services, Registry Operator
will, or will cause such Registry Related Party to, maintain separate books
of accounts with respect to its registrar or registrar-reseller operations.

3.  Registry Operator will, and will cause each Registry Related Party to,
ensure that no user data or proprietary information from any registrar is
disclosed to Registry Operator or any Registry Related Party, except as
necessary for the management and operations of the TLD.

4.  Registry Operator will not disclose confidential registry data or
confidential information about its registry services or operations to any
employee of any DNS services provider, except as necessary for the
management and operations of the TLD.

5.  Registry Operator will conduct internal reviews at least once per
calendar year to ensure compliance with this Code of Conduct. Within twenty
(20) calendar days following the end of each calendar year, Registry
Operator will provide the results of the internal review, along with a
certification executed by an executive officer of Registry Operator
certifying as to Registry Operator’s compliance with this Code of Conduct,
via email to [an address to be provided by ICANN]. (ICANN may specify in the
future that the reports be delivered by other reasonable means.)

6.  Nothing set forth herein shall: (i) limit ICANN from conducting
investigations of claims of Registry Operator’s non-compliance with this
Code of Conduct; or (ii) provide grounds for Registry Operator to refuse to
cooperate with ICANN investigations of claims of Registry Operator’s
non-compliance with this Code of Conduct.