cTLD Application: Statement of Requested Confidential Treatment of Materials Submitted
15 August 2000
I. PROCEDURE FOR CONFIDENTIAL TREATMENT OF MATERIALS SUBMITTED.
ICANN intends to evaluate applications to sponsor or operate new TLDs in as open and transparent a manner as is reasonably feasible. At the same time, however, ICANN recognizes that to encourage applicants to provide all documents and information relevant to the application, it is appropriate to afford applicants the opportunity to submit legitimate trade-secret information with a request for confidential handling by ICANN.
Except to the extent that it expressly agrees otherwise in writing, ICANN will be free to disclose and use information submitted in connection with an application in any manner and to anyone it deems appropriate. If the applicant wishes ICANN to accord confidential treatment to any material in its application or otherwise submitted in connection with the application, the applicant must expressly request confidential treatment of that material in this statement and mark the material with the legend "CONFIDENTIAL." Applicants are strongly encouraged to avoid, or at least to minimize, requests for confidential treatment of material in applications or submitted in connection with applications.
Any request for confidential handling will be reviewed for confidentiality by ICANN staff before further consideration of the material to which the request relates. ICANN staff will promptly notify the applicant of the extent to which ICANN is willing to agree to treat the designated material in a confidential manner and the manner in which ICANN is willing to handle that material, requesting a response from the applicant within two business days. If ICANN is not willing to agree to the applicant's request for confidential handling in its entirety, ICANN and the applicant will discuss the matter in an effort to reach a written agreement on confidential treatment of materials. Only a written agreement, signed by ICANN's President or Vice-President, will be binding on ICANN.
In the event ICANN and the applicant do not agree on provisions for confidential treatment within a period designated by ICANN, ICANN will, to the extent of the disagreement, delete all material submitted by applicant that is subject to applicant's request for confidentiality. The deleted information will then cease to be part of the applicant's application and will not be considered by ICANN staff in reviewing the application, nor will the deleted information be disclosed or otherwise used by ICANN. After being advised of what has been deleted, the applicant will be offered (for two business days) the opportunity to withdraw the application and obtain a refund of the US$50,000 application fee. ICANN intends to use reasonable efforts to meet the requirements of this section I, but shall not be liable for failing to meet them.
II. APPLICANT'S REQUEST FOR CONFIDENTIAL TREATMENT.
F1. The applicant's full legal name is:
Commercial Connect, LLC
F2. Does the applicant request confidential
treatment of any portion of the application or any material submitted in
connection with the application?
F3. If the response to item F2 is yes, please provide, on
sheets of paper attached to this Statement of Requested Confidential Treatment
of Materials Submitted, the following information for each set of material as
to which the applicant requests confidential treatment:
The Registry Operators Proposal contains confidential intellectual property information in regards to the how to operate a registry, what equipment and methodologies are to be used, etc.
We are respectfully requesting that the details of this proposal be held confidential.
Clearly identify exactly what material is subject to the request for
confidential treatment. The identification should state the general nature of
the material (e.g., "Description of Sources of Financing") and
precisely and clearly state every place in the application or material
submitted where the material appears (e.g., "the first full paragraph on
page 48 of the ‘Registry Operator's Proposal'").
The Registry Operators Proposal – Technical Plan has taken many months of time and effort to assimilate and compile. It contains information on how our operations are configured and has indications on our system and security configurations.
This complete Technical Plan proposal we ask be treated confidential and not disclosed to anyone except for the sole purpose of reviewing this application.
It could be detrimental to our system security and provide a conduit to abuse/misuse if this information were made public.
F3.2. State what restrictions on disclosure, use, and handling of the material is requested.
Please see F3.1
F3.3. Provide a justification for why the material should be treated confidentially and why the restrictions on disclosure, use, and handling are appropriate.
Please see F3.1
By signing this Statement of Requested Confidential Treatment of Materials Submitted, the undersigned certifies that he or she has authority to do so on behalf the applicant (or applicants, where there is more than one). The undersigned agrees on behalf of himself or herself and the applicant(s) to the procedure described in section I of this statement and that there is no claim to confidential treatment for any material submitted by applicant(s) not clearly identified in response to item F3.1 and marked "CONFIDENTIAL." The undersigned agrees, on his or her own behalf and on behalf of the applicant(s) and each of its (or their) officers, directors, employees, consultants, attorneys, agents, partners, and joint venturers, that neither ICANN, nor any of its officers, directors, employees, consultants, attorneys, and agents, shall have any monetary liability for disclosure or use of submitted materials contrary to the procedure described in section I of this statement, except where that disclosure or use is done to maliciously harm applicant(s).
Jeffrey S. Smith
Name (please print)
Commercial Connect, LLC
Name of Applicant(s)
September 29, 2000