[council] NEW Registry Operator Code of Conduct

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello All,

Note that as part of the Board's decision to allow cross-ownership
between registries and registrars, a "Registry Operator Code of Conduct"
has been included in the "Proposed Final" new gTLD Registry Agreement.

From:
http://www.icann.org/en/topics/new-gtlds/draft-agreement-specs-clean-12n
ov10-en.pdf

Regards,
Bruce Tonkin


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.