Statement of Requested Confidential Treatment of Materials Submitted

 

 

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:

 

JVTeam, LLC

NeuStar, Inc.

Melbourne IT, Limited

 

 

F2. Does the applicant request confidential treatment of any portion of the application or any material submitted in connection with the application?

 

Yes

 

 

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:

 

[Attach sheets stating the information requested in items F3.1, F3.2, and F3.3.]

 

F3.1. 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'").

 

            [In addition, be sure to place the legend "CONFIDENTIAL" on each part of your overall application that you identify in response to this item.]

 

F3.2. State what restrictions on disclosure, use, and handling of the material is requested.

 

F3.3. Provide a justification for why the material should be treated confidentially and why the restrictions on disclosure, use, and handling are appropriate.

 


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).

 

 

 

 

_______________________________

Signature

 

_______________________________

Name (please print)

 

_______________________________

Title

 

_______________________________

Name of Applicant(s)

 

_______________________________

Date

 

 

 

 

 

 

 

 

 

 

 

 

(c) 2000 The Internet Corporation for Assigned Names and Numbers

All rights reserved.

 

Updated August 15, 2000


CONFIDENTIAL MATERIAL

 

F.3.1            Identification of Confidential Material

 

 

Proposal Section

ICANN Reference

Description

Disclosure Restrictions

II.2.2  

D13.2.2

Revenue Model

ICANN evaluation only

II.2.5  

D13.2.5

Estimated Demand

ICANN evaluation only

II.2.6  

D.13.2.6

Resources Required

ICANN evaluation only

II.2.10

D13.2.10

Term of the Agreement

ICANN evaluation only

II.2.11

D13.2.11

Expected Costs

ICANN evaluation only

II.2.12

D13.2.12

Expected Revenue

ICANN evaluation only

II.2.13

D13.2.13

Capital Requirements

ICANN evaluation only

II.3

D13.3

Pro-forma Financial Projections

ICANN evaluation only

II.4.1

D13.4.1

Organizational Documents

ICANN evaluation only

II.4.2

D13.4.2

References

ICANN evaluation only

II.4.3

D13.4.3

Annual Report / Financials

ICANN evaluation only with the exception of the Melbourne IT Annual Report

II.4.4

D13.4.4

Proof of Capital

ICANN evaluation only

Appendix

1

Detailed Employee Profiles

ICANN evaluation only

 

 

Each of the identified sections is to be considered confidential in their entirety. 

 

F.3.2            Restrictions on Disclosure, Use and Handling

 

The information identified above is to be utilized for the sole purpose of evaluating The Application.  Disclosure shall only be made to those ICANN employees or ICANN designated parties who have a reasonable need to know in order to facilitate the ICANN evaluation and selection process.

 

F.3.3            Reason for Confidentiality

 

Given the critical role the DNS and the registry operator plays in ensuring stability of the Internet, JVTeam fully accepts and acknowledges the right and public duty of ICANN to review the information necessary to properly evaluate applicants.  We also believe it was appropriate for ICANN to allow applicants to protect information that may be of a confidential or proprietary nature from public disclosure.  That is particularly the case for information that would compromise the ability for the selected registry operator to effectively compete in the registry marketplace.