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. ICANN shall be liable for the release to unauthorized individuals
of information submitted with this application that is
clearly marked to be confidential.
II.
APPLICANT'S REQUEST FOR CONFIDENTIAL TREATMENT.
F1.
The applicant's full legal name is:
[Please insert
the full legal name of the applicant. Where there are multiple applicants (this
can occur in certain applications for sposored TLDs), please insert all of
their full legal names.]
Diebold
Incorporated
F2.
Does the applicant request confidential treatment of any portion of the
application or any material submitted in connection with the application?
[Answer
"yes" or "no".]
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.]
D13.1.8.
Commercial general liability insurance. – all samples/specimens
D13.2.5.
Estimated demand for registry services in the new TLD – All pro
forma spreadsheets
D13.2.6.
Resources required to meet demand – All pro forma spreadsheets
D13.2.11.
Expected costs associated with the operation of the proposed registry – All pro
forma spreadsheets
D13.2.12.
Expected revenue associated with the operation of the proposed registry – All
pro forma spreadsheets
D13.2.13.
Capital requirements – All pro forma spreadsheets
D13.3.
Pro‑forma financial projections – All pro forma spreadsheets
D13.4.5.
Proof of insurance– all samples/specimens
F3.2. State what restrictions on
disclosure, use, and handling of the material is requested.
Diebold
requires written consent from Diebold authorizing ICANN or any of its agent to
disclose any material marked confidential.
F3.3. Provide a justification for why
the material should be treated confidentially and why the restrictions on
disclosure, use, and handling are appropriate.
-
Information regarding potential revenue,
income and costs for the proposed TLD
registry are not related to the technical capabilities
or viability of the proposed TLD registry.
Diebold understands that ICANN needs to understand this information to properly
assess our readiness to undertake such a system. However, the public does not.
Information regarding these topics will
be made available publicly as an integral part of Diebold’s normal regulatory
filings as a publicly traded company.
-
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).
_____________________________________SEE
ATTACHED SIGNATURE PAGE
SIGNATURE
ON SIGNATURE PAGE APPLIES TO THIS DOCUMENT, WHICH SUPERCEDES THE ORIGINAL
DOCUMENT._________
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