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
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.
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.
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.