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[registrars] [Fwd: Code of Conduct task force proposal]

Greetings again,

This is the document we have been referring to as the
draft for the Code of Conduct.

Richard



Good day, my friends:

The following is a first attempt at a potential Code of Conduct for registrars that I hope, and I'm sure you do as well, can eventually be added to the accreditation standards for current and future registrars. It is vital in my view that we get our house in order and create a mechanism for policing ourselves so that no outside intervention is required to bring any registrar operating in bad faith into compliance.

Please take a look at this and send me your thoughts. This is a draft, an early one at that, and I'm interested in all of your views on where we can improve and strengthen such a document so that we might submit it to the constituency and eventually the NC and ICANN for approval and adoption.

I look to you good reasonable people for help. Let me know what you think.

I look forward to hearing from you soon.
thanks.
js

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Registrar Code of Conduct


Preamble

It is absolutely vital that all accredited registrars competing in the registration of gTLDs operate in good faith and according to established rules and standards so as to promote consumer confidence in ICANN and fair and level competition. To operate outside the bounds of the accreditation agreement and this code of conduct is to jeopardize the hard work and progress that have been gained.

Mission:

The mission of the Registrar Code of Conduct is to provide a guide for assuring that all registrars that become accredited to compete in the registration of gTLDs are in compliance with established ICANN and Registrar Constituency policies. It also provides a mechanism for sanctioning those who are in violation.

Tenets

To be considered as an operational ICANN-Accredited registrar, Registrars agree to:

1) be in 100 percent compliance with all established rules and regulations set forth in the accreditation and registrar agreements.

2) operate in good faith and in accordance with all established rules and regulations relating to operation and membership of the registrar constituency.

3) remain current with all fees, dues and required monies deemed necessary and adopted by the registrar constituency.

4) respect and hold as binding all decisions made by compliance review panel deemed necessary and adopted by the registrar constituency.

5) respect and hold as binding the following schedule of degrees of infraction and penaltie:

Types of Infractions

1) Minor -- (general misunderstandings of language, minor technical breakdowns, unintentional violation of agreements, policy or procedure)
5 working days from notification to be in compliance, then suspension of accreditation until compliance

2) Median -- (bad faith violation of agreements, policy or procedure)
48 hours from notification to be in compliance, then suspension of accreditation until compliance + $100 fine to be paid to registrar constituency general fund before reactivation

3) Major -- (blatant mis-representation or violations of agreements, policy or procedure)
24 hours from notification to be in compliance, then suspension of accreditation until compliance + $1,000 fine to be paid to registrar constituency general fund before reactivation


Demerit system for repeat offenders

Each Minor infracton = 1 demerit
Each Median infraction = 2 demerit
Each Major infraction = 3 demerit


Any registrar reaching 4 demerits or more loses accreditation for no less than one calendar year from suspension date.

Violation Reporting and Compliance procedure

This is the procedure for reporting, investigating and adjudicating violations:

1) Potential violations reported in writing (email or hard copy) to Compliance Panel of Registrar Constituency (a 3-person panel of operational registrars elected by constituency for 1-year terms)

2) Panel investigates violation to the best of its ability, seeking evidence from ICANN, registries, suspected violators and all relevant parties

3) Panel notifies Registrar and ICANN of infraction (if any), sets compliance deadline if necessary

4) Panel follows up on compliance deadline, notifies ICANN and Registrar of further penalty if applicable

5) Panel submits after-action report to ICANN for files. All suspensions should be public and filed on the ICANN website.


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