[gnso-vi-feb10] DAGv5: SPECIFICATION 9* Registry Operator Code of Conduct
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.