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

[Eric Brunner-Williams <ebw@xxxxxxxxxxxxxxxxxxxx>]

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.