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C19. Please describe in detail mechanisms that you propose to implement to ensure compliance with ICANN-developed policies and the requirements of the registry agreement.
Through the designation of senior staff that will be responsible for policy development and implementation, as well as established mechanisms to ensure compliance, RegisterOrg will operate in accordance with ICANN-developed policies and requirements of the registry agreement.
RegisterOrg plans to fully comply with all ICANN developed policies, including consensus policies, and the requirements of the .org registry agreement. We believe that no registry can optimally function without the support, trust, and confidence of its sponsoring registrars and the DNS community as a whole. Therefore, RegisterOrg will be committed to operating the .org Registry as a trusted neutral third-party provider of registry services. Moreover, in conjunction with ICANN, RegisterOrg will develop responsible policies and mechanisms for ensuring that the registry best serves the public interest by providing for equal treatment of all registrars using the system, respect for the privacy and access to the Whois database, compliance with the UDRP, and other registry policy matters.
For more than four years, Register.com, the parent company of RegisterOrg, has consistently complied with and operated its registrar division in accordance with ICANN’s technical and policy management. Register.com has been a leader in collaborating with ICANN and the various Internet constituencies. In coordination with the Intellectual Property constituency, Register.com helped craft and establish the Uniform Dispute Resolution Process to effectively protect the rights of trademark owners. Moreover, Register.com strictly enforces a corporate policy that protects the interests of its customers’ intellectual property interests. Register.com also participates in ICANN processes to craft fundamental DNS-related policies, including the Registrar Code of Conduct, a Best Practices Statement for the Aftersale Market, and an Escrow Policy. Not only has Register.com played a leadership role, but the Company has taken initiative in ensuring the best service to its customers and setting a standard for the registrar community.
The Company is therefore familiar with ICANN policy and oversight. Moreover, RegistryPro—which finalized an agreement with ICANN in May 2002 to serve as the operator of the .pro top level-domain, and is owned by Register.com—has implemented requirements for ensuring, among other things, equivalent access for all registrars, compliance with a sanctions program, and technical protocols as they are developed. The Company has therefore already instituted the mechanisms described below.
Policy Compliance: Registry Staff Guidance and Oversight
In addition, the Registry’s technology staff will monitor any developments by ICANN, to remain in compliance with technology developments, protocols, and best practices. The Company’s (registry) technical staff already collaborates in the Internet Engineering Task Force (IETF) working groups on technical management of the DNS, in particular working on the evolving next-generation registry-registrar protocol. The Company’s technical staff will continue such collaboration in order to ensure continued compliance with IETF policies and protocols.
The chief technical officer would also be responsible for overseeing implementation of ICANN policies concerning interoperability of .org with the DNS and Internet generally; operational capabilities and performance of the Registry; and the obtaining, maintaining, and public access to, accurate and up-to-date contact information for .org registrants.
Registry Agreement Requirements: Compliance Mechanisms
Provide Registry Services Meeting Functional and Performance Specifications
Fairly Treat All Registrars
RegisterOrg will conduct internal neutrality reviews of itself and any subcontractors on a regular basis to ensure that it is in compliance with the Registry Code of Conduct (described in our answer to question C21). In addition, the Registry and ICANN may mutually agree on an independent party that ICANN may hire, to conduct a neutrality review of the registry and its subcontractors to ensure that the registry, any subcontractors, and its owners are in compliance with the Code of Conduct.
To bolster confidence in the registry, and earn the public trust, the Registry will also provide certifications regarding the code of conduct and equivalent access six months (6) following the effective date of the .org Registry Agreement, and each subsequent six-month (6) period thereafter. The .org Registry shall certify to ICANN that it is providing all ICANN-accredited registrars with equivalent access to the Registry.
RegisterORG will participate in the ICANN sanctions program, which is intended to allow ICANN flexibility to address violations of the Registry Agreement by means less extreme than proceedings to terminate the Registry Agreement. Generally, through the Sanctions Program, ICANN will be able to conduct investigations into the operation of the registry upon receipt of a credible allegation of a specific violation from an ICANN-Accredited Registrar in good standing. The Sanctions Program provides clear guidance on the protocols of such investigations and the role of the Registry in the process. Just as each of the current gTLD’s is participating in the program, RegisterOrg, as part of its Registry Agreement, would commit to the same.
Periodically Escrow Registry Data
Provide Whois Services
Financially Support ICANN
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