.bank Pre-Register Domain - .bank Domain Information

fTLD Registry Services, LLC (FRS) is submitting this application on behalf of the global banking community to ensure that the .bank gTLD will serve as a trusted, hierarchical, and intuitive namespace for this community, the businesses that are either supported by or represent the community and the consumers it serves. All registrants within .bank will be vetted prior to registration to ensure their identity and their commitment to industry best standards developed by FRS in conjunction with the financial services community. In addition, the registry will employ a network of both active and passive safeguards in the operation of the registry to make certain that registrants continue to abide by the terms and conditions set forth in the registration agreement.

The Internet represents a critical component of the global trade and commerce engine and the .bank gTLD is expected to address some of the online security challenges currently faced by the banking community. Whether spoofing, spamming, phishing or pharming, research shows that banks and consumers suffer tremendously from the growing threat of criminal and fraudulent activities conducted over the Internet. While FRS is keenly aware that there is no silver
bullet to eradicate these threats, the security and other protocols that will be supplanted within .bank are expected to curb some of the current online abuses. FRS will continue to engage in outreach and education within the global banking community and help raise awareness of various threats and the potential resources and security available to combat them.

A sampling of online threats faced by consumers and the banking community includes:
- The RSA Online Fraud Report of January 2012 found that phishing is on the rise, reaching 279,580 attacks in 2011, a 37% increase from 2010. Targeted brands including potential .bank registrants representing 31 different geographies experienced the most attacks throughout the U.S., the United Kingdom, Australia, Canada, India, and Brazil. RSA is a premier provider of security, risk and compliance management solutions for businesses.
- According to the Anti-Phishing Working Group (APWG), in the first half of 2011 almost half of all phishing emails purported to come from a financial institution. Phishing threatens customer confidence and trust in the online banking channel. APWG is a non-profit global pan-industrial and law enforcement association focused on eliminating fraud, crime and identity theft that results from phishing, pharming, malware and email spoofing of all types.

Due to the strict vetting process that will occur before a .bank domain is awarded, the frequency of phishing using the .bank gTLD will be greatly reduced. FRS will work with the banking industry to create a strategy that significantly reduces the risk of bank-related phishing and other malicious activities perpetrated on the Internet.

The .bank gTLD will provide the industry with an innovative space to explore cutting edge business opportunities and mechanisms to better serve and protect Internet users. With increased customer demand for faster and more convenient transactions and the need for a secure and innovative space, securing .bank presents the banking industry with an unparalleled opportunity. Over time, one of the goals of this gTLD is to become the consumer's choice for information about the banking industry.

As awareness and use of .bank increases over time, Internet users will come to learn, understand and trust that websites ending in .bank are operated by legitimate members of the banking community. FRS' implementation of stringent registration restrictions, enhanced security standards created by the financial services industry, content/use requirements and rigid enforcement will contribute to the security, stability, and resiliency of the bank gTLD and ultimately result in increased consumer trust and confidence in the gTLD.

Why FRS?
In 2008, the American Bankers Association (ABA) and The Financial Services Roundtable's (Roundtable) executives and members allocated resources to work in conjunction with banker committees to examine the potential impact the Internet Corporation for Assigned Names and Numbers' (ICANN) new gTLD program could have on the financial services industry and to make recommendations regarding next steps. Marked concern arose regarding the expansion program, especially in light of the resources and expenditures currently dedicated to stem existing online abuses.

During the last four years, the ABA and Roundtable united to play an active role in ICANN's development of its new gTLD program. Both organizations engaged with ICANN to voice community concerns about the program, and were successful in raising awareness about the need to protect brands and intellectual property. In addition, the ABA and Roundtable were successful with their request to ICANN for a modification to the Security Policy question in the
Applicant Guidebook and it now includes that gTLDs with unique trust implications, such as those that are financial services-oriented, are expected to deploy appropriate levels of security. However, absent assurances that .bank and other financial gTLDs would be protected, the Executive Committee and Board of each respective organization voted and authorized staff to take all actions necessary to secure financial gTLDs including .bank.  

At the behest and approval of both the ABA and the Roundtable members and Boards, FRS was formed in 2011 for the explicit purpose of applying for and operating financial services-related gTLDs. In addition, FRS seeks to protect the brand space, improve the protection available for a more secure Internet ecosystem, collaborate on delivering more innovative and secure products and services, and zealously advocate for the interests of the global banking
community with ICANN.

The Operating Managers of FRS:
Founded in 1875, the American Bankers Association represents banks of all sizes and charters and is the voice for the U.S. banking industry's $13 trillion banking industry and its 2 million employees. ABA marshals the talent, energy and perspectives of its members to bring about positive change for the banking industry. In conjunction with the financial services community, the ABA has developed and continues to own a number of innovative systems that support the financial services industry. The ABA Routing Number ("RTN") system was developed in 1910 and serves to identify the specific financial institution responsible for the payment of a negotiable instrument. In 1964, the ABA organized the Committee on Uniform Security Identification Procedures (CUSIP), for the purpose of developing an identifier for financial instruments. ABA is also an active member of the International Banking Federation, formed in March 2004 to represent the combined views of a group of national banking associations. Collectively, the countries represented by the Federation reach more than 18,000 banks with 275,000 branches.

The first of the Roundtableʹs predecessor organizations, the Association of Reserve City Bankers, was formed in 1912. The Bank Holding Company Act of 1956 led to the 1958 formation of another independent organization, the Association of Registered Bank Holding Companies. The two organizations merged in July 1993, and became The Bankers Roundtable in October 1993. In early 2000, the first members from the securities, investment, and banking sectors
joined their banking brethren as founding members of the Roundtable. Today, the Roundtable represents 100 of the largest integrated financial services companies providing banking, investment products and services to the American consumer.

FRS has engaged the Australian Banker's Association, British Bankers' Association, European Banking Federation, and the International Banking Federation in conversations regarding use of the .bank gTLD and they endorse the initative.

The .bank gTLD will serve as a trusted destination on the Internet for banks, financial services organizations, consumers and other Internet users. The ability to process secure and trustworthy transactions is critical to most commercial entities and one of the desired goals for the community is to develop a model or template for trusted online commercial transactions. The pre-registration and screening conducted by FRS will serve the industry by allowing it to congregate under one umbrella gTLD. This presents consumers with clear choices in an environment that will encourage .bank registrants to be innovative and provide maximum value to consumers in their online experience, while providing significant competition to existing gTLDs.

Additionally, the proposed .bank gTLD will offer the following benefits to community members as well as consumers:
- Provide a trusted online marketplace for consumers seeking to access financial products and services;
- Provide FRS and its community members with short and memorable Internet addresses and improve navigation to products, services, advertising campaigns, public interest content, public awareness initiatives, etc.;
- Protect the namespace for the benefit of institutions, consumers and the overall banking community;
- Provide a variety of high value-added services through its backend registry services provider; and,
- Create an opportunity to design innovative online products and services for the financial service industry and its consumers.

In order to achieve these benefits, FRS will undertake the following:

- Registrations will not be granted absent a legitimate claim to applied-for names;
- Formal eligibility rules, validation procedures and mediation processes will be implemented;
- Requirement of two-factor authentication for better control of the .bank gTLD;
- Prohibition of proxy registrations to ensure transparency and maintain identifiable registrants; and,
- Incorporation of post-registration safeguards, both active and passive, to ensure that registrants continue to act in compliance with the terms and conditions of registration.

In addition to the benefits listed above, FRS will employ a comprehensive approach toward mitigating abusive and/or infringing registrations within the .bank gTLD modeled in part after the tapestry approach first proposed by ICANN's Implementation Recommendation Team (IRT). This tapestry approach includes, but is not limited to, the following requirements: registrant eligibility; name selection criteria; content and use restrictions; escalated compliance,
response and takedown procedures; annual Registry and Registrar audits; prohibition against proxy registration; semi-annual Whois verification that requires affirmative acknowledgement from the Registrant; and enhanced security/technical requirements for the Registry, Registrars and Registrants. Each of these individual elements is described in greater detail in FRS' response to question 30.

18(b)(i) What is the goal of your proposed gTLD in terms of areas of specialty, service levels, of reputation?

FRS, founded by organizations that hold a leadership role in the banking industry, is uniquely situated to understand the needs and goals of second-level domain registrants in the banking industry. One of its goals is to eliminate confusion for Internet users when they encounter a .bank website; it will be a legitimate member of the banking community, committed to a trustworthy commercial transaction experience for its clients and consumers.

FRS will continue to work with the financial services industry to ensure that the .bank gTLD has an excellent reputation and is able to deliver the products and services necessary for banks, financial services organizations and consumers. It will ensure the highest service levels within .bank by partnering with providers with known track records and experience in this space. One such vendor is Verisign, the current registry operator for .com and .net. Additional vendors will be vetted to ensure that underlying philosophies and approaches for the operation of .bank are aligned.

Maintaining the highest standards within the gTLD will give FRS the opportunity to take a proactive approach to protecting intellectual property rights and fostering a safer online experience for all Internet users. In addition to providing consumers with short, memorable, and intuitive domain names to help the customer navigate the .bank gTLD, FRS envisions best in class safeguards to minimize potential phishing or pharming practices that currently plague consumers, including, customers of financial institutions. This proposed ecosystem will be built in cooperation with members of the global banking community and with efforts to work in conjunction with their corresponding national regulatory agencies.

18(b)(ii) What do you anticipate your proposed gTLD will add to the current space, in terms of competition, differentiation, or innovation?

FRS' primary driving factor is to provide a vetted and therefore, more secure online environment for businesses and consumers to engage with the banking community. The success of the gTLD will not be measured by the number of domain names registered, but rather by the level of institutional and consumer recognition and trust placed in the .bank gTLD. Using this benchmark, FRS will strive to build recognition and trust that rises to a level meeting or
exceeding that found in the .edu and .gov gTLDs.

As noted above, FRS is committed to serving the banking community as it increasingly relies upon emerging technologies to securely deliver information between institutions and financial services to its wholesale and retail consumers. A .bank gTLD has the potential to serve as the cornerstone of this type of online strategy for the industry.

In addition to the education and outreach initiative discussed above, FRS is keen to continue its work with ICANN and the broader Internet community in promoting security controls within gTLDs that require enhanced security measures such as financial gTLDs. FRS' most recent effort in this area was the creation of security requirements formally proposed to the ICANN Board in December 2011 by the joint ABA and BITS (the technology policy division of
the Roundtable) Security Standards Working Group. Following its submission to ICANN, the document was referenced in question 30 of ICANN's Applicant Guidebook as an illustrative example of an independent set of security requirements. FRS will contractually incorporate these requirements into both its Registry-Registrar Agreement (RRA) and the end Registrant Registration Agreement to ensure that it has the legal means to enforce these obligations.

Further, as FRS invests in expanding the domain name space through the establishment of a .bank gTLD, it will continue its education and advocacy efforts by working toward the prevention of cybersquatting, online fraud, phishing, and other malicious activities on the Internet. Outreach and communications with banks, bankers and the financial services community have already begun and will be critical to the success of this project. During the past four years, the ABA and Roundtable have communicated and provided education regarding the new gTLD program and possible impacts to the industry including domestic and international banking associations and regulators as well as ICANN's Governmental Advisory Committee (GAC). While registration and use of domain names by banking community members will be conditioned upon the requirements imposed by FRS, FRS intends to launch a series of informational portals within the .bank gTLD that will facilitate outreach and education amongst the community. Additionally, the extensive reach of the Roundtable and the ABA will be leveraged as broad outreach and communications vehicles that will continue to be a part of FRS' communications strategy.

The creation of the .bank gTLD will provide the global banking community, more specifically banks, with the opportunity to explore and create innovative products and services that support the community in addressing the Internet based issues and losses caused by fraud and criminal activity referenced above. Again, the goal is to eliminate confusion for Internet users when they encounter a .bank website; it will be a legitimate member of banking community, committed to a trustworthy commercial transaction experience for its clients and consumers.

18(b)(iii) What goals does your proposed gTLD have in terms of user experience?

FRS will ensure that the .bank gTLD will create an enhanced user experience both for registrants and Internet users. FRS' goal is to operate the .bank gTLD in a manner that instills trust and confidence in the domain names and websites associated with the gTLD. For users this means a small, specialized, highly controlled environment, free from the existing abusive behavior found in existing gTLDs.

18(b)(iv) Provide a complete description of the applicant's intended registration policies in support of the goals listed above.

As noted above, FRS's registration policies are intended to support its quest for a safe and secure framework for banks, financial services organizations, customers and consumers. These proposed registration policies include, but are not limited to, the following requirements: registrant eligibility; name selection criteria; content and use restrictions; escalated compliance, response and takedown procedures; annual Registry and Registrar audits;
prohibition against proxy registration; semi-annual Whois verification that requires affirmative acknowledgement from the Registrant; and elevated security/technical requirements for the Registry, Registrars and Registrants. Each of these individual elements is set forth in greater detail in FRS' response to questions 28, 29 and 30.

FRS takes its responsibilities to its community seriously and it is essential that registrations only be permitted by verified members including:
- State or regionally chartered and regulated banks
- Nationally chartered and regulated banks
- Associations whose members are comprised of chartered and regulated banking entities
- Organizations that are majority controlled by chartered and regulated banks or financial holding companies
- Entities whose operations are principally dedicated to serving banks (if approved by the FRS Board)
- Specialized organizations (e.g., research or risk coordination) (if approved by the FRS Board)

As part of the registration process, potential registrants must provide its registrar with the following

information:
- Full legal name
- Business address
- Professional title of representative of the administrative contact of the potential registrant
- Business name
- Point of contact within the business who can verify their representation of the business
- Phone
- Email
- Another Proof of identity necessary to establish that the registrant is an eligible member of the .bank gTLD community
- For banking companies, the regulatory agency issue its charter or license
- For organizations that are majority controlled by chartered and regulated banks or financial holding companies, list and proof of its owner(s)
- For entities whose operations are principally dedicated to service banks (if approved by the FRS Board); corporate operating agreement
- For specialized organizations (e.g., research or risk coordination) (if approved by the FRS Board); a copy of its corporate operating agreement if for profit or its mission statement if non-profit

Applicants who meet the eligibility requirements and have been authenticated as a legitimate member of the community will then be able to register their domains in .bank. Domains initially registered in the .bank gTLD must be registered trademarks, trade names or other service marks owned by the registrant. FRS will audit approved registrants and their strings to ensure compliance with all applicable eligibility and use requirements.

18(b)(v) Will your proposed gTLD impose any measures for protecting the privacy or confidential information of registrants or users? If so, please describe any such measures.

The protection of privacy and confidential data is of paramount importance, especially in an industry as highly regulated as banking. Not only will the registry have its own set of measures, but each individual institution or registrant will remain compliant with existing laws and regulations in place regarding privacy and the protection of customer data. FRS will in part accomplish this through the inclusion of contractual language in its RRA that is modeled after similar language from Registry Agreements of existing ICANN gTLD registry operators. Specifically, some of this language shall include the following:

- Registry Operator shall notify the Registrar of the purposes for which Personal Data submitted to Registry Operation by Registrar is collected, the intended recipients (or categories of recipients) of such Personal Data, and the mechanism for access to and correction of such Personal Data.
- Registry Operator shall take reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction.
- Registry Operator shall not use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrars.
- Registry Operator may from time to time use the demographic data collected for statistical analysis, provided that this analysis will not disclose individual Personal Data and provided that such use is compatible with the notice provided to registrars regarding the purpose and procedures for such use.

Notwithstanding FRS' commitment to operating in compliance with applicable rules and regulations regarding the protection of individual registrants' privacy or confidential information, FRS will prohibit the use of proxy registration services that would mask the identity of registrants within the .bank gTLD.


18(b)(vi) Describe whether and in what ways outreach and communications will help to achieve your projected benefits.

Outreach and communications with banks, bankers and the financial services community will be critical to the success of this project and have already begun by FRS. Over the past four years, FRS, through the activities of the ABA, Roundtable and founding members have communicated and provided education regarding the new gTLD program and possible impacts to the industry including domestic and international banking associations and regulators as well as ICANN's Governmental Advisory Committee (GAC). Current conversations with and among bankers and members of the industry include ways to reach the global community and build an infrastructure that includes all members of the banking community, including regulators. Ultimately, a communications strategy and plan will be implemented by FRS and its Board to guide its efforts. Advisory groups and committees will also be consulted to ensure continued alignment.

FRS sees the potential for the .bank gTLD to play a large role in the banking community's future online strategy. The adoption of new gTLDs and the response from search engines in the marketplace, all of which will influence the communication and usage strategies for the gTLD are uncertain. However, FRS anticipates a phased-in approach to using and promoting the .bank gTLD that will be fleshed out in its communications strategy and plan.

While registration and use of domain names by banking community members will be conditioned upon the requirements imposed by FRS, FRS intends to launch a series of informational portals within the .bank gTLD that will facilitate outreach and education amongst the community. Additionally, the extensive reach of the Roundtable and the ABA will be leveraged as broad outreach and communications vehicles that will continue to be a part of FRS' communications strategy.

The adoption of rules and elimination of social costs for the banking community are at the core of FRS' strategy. Its proposed operating rules will provide the global banking community, businesses and consumers with a trusted online environment, and in turn minimize not just operating costs, but also social costs. The goal is that this verified ecosystem will be poised to offer consumers the choice for a trusted source for banking information, products and services with a substantially lower risk of fraud and/or scams. In addition, FRS' processes are designed to protect trademark rights of banks. The strict registration restrictions and eligibility requirements in the .bank gTLD will eliminate the need for banking company trademark and brand owners to defensively register
second-level domains in the .bank gTLD. Both of these strategies will serve to minimize financial costs both within the financial services industry and to the Internet community as a whole.

The proposed operation of the .bank gTLD by FRS will not impose negative consequences or cost implications upon consumers. On the contrary, the proposed operation of this registry will likely lead to direct and quantifiable benefits to consumers - particularly regarding the reduction of consumer fraud. FRS believes that by following the core corporate values as identified above, it will provide real value to businesses and consumers and minimize any
potential negative consequences/costs.

18(c)(i) How will multiple applications for a particular domain name be resolved, for example, by auction or on a first come first served basis?

As detailed in FRS' response to question 29, the current strategy to handle multiple applications for a single domain name will be to run two distinctive Sunrise periods followed by a Real Time Registration Period (i.e., first come, first served approach during general availability) for the .bank gTLD. Due to the limited and restrictive nature of the .bank namespace, FRS does not envision many significant issues regarding multiple banking community members vying for the same domain name.

However, when there are multiple registrations for a domain name during either the Founder's Sunrise (the first sunrise for members of FRS' Founder's Program, which will operate on a first come, first served basis) or General Sunrise for the broader community, a three-step process will determine which registrant receives the domain. First, within the guidelines set forth by ICANN for protecting trademark/registered name rights, first preference will be
given to the applicant with proven rights to the name. Second, if all contending registrants have an equal right, all will be asked to submit a proposed use plan and application fee to demonstrate to FRS how the domain name will be used. Emphasis will be placed on developing and deploying the domain. FRS may employ an independent arbiter to review and make the initial recommendation to FRS' Board of Directors regarding awarding the domain. Third, in the
event that there is not a clear cut winner after these two steps are undertaken, the parties will proceed to a mechanism of last resort: auction.

After the Sunrise periods, FRS plans to move to a Real Time Registration Period where members of the .bank gTLD community can register strings that comply with registration policies on a first come, first served basis.

18(c)(ii) Explain any cost benefits for registrants you intend to implement (e.g., advantageous pricing, introductory discounts, bulk registration discounts).

FRS has proposed a Founder's Sunrise Program that would allow members of the global banking community that have financially supported this initiative, to register their domain names in the .bank gTLD before the general Sunrise Period. Potential registrants participating in the Founder's Program are eligible for discounted registrations. The registration and use of these domain names would be conditioned upon the registration restrictions and eligibility
requirements. At this time, FRS does not anticipate any other price discount programs but reserves the right to revisit this question in conjunction with its Board of Directors and Advisory Board.

Except for the FRS Founder's discount noted in this section, FRS does not envision any pricing, introductory discounts, or bulk registration discounts because these marketing/commercial initiatives are inconsistent with the mission and purpose of the .bank gTLD as a trusted online source identifier.

18(c)(III) Note that the Registry Agreement requires that registrars be offered the option to obtain initial domain name registrations for periods of one to ten years at the discretion of the registrar, but no greater than ten years. Additionally, the Registry Agreement requires advance written notice of price increases. Do you intend to make contractual commitments to registrants regarding the magnitude of price escalation? If so, please describe your plans.

FRS is committed to providing domain name registration services in accordance with the periods set forth in the Registry Agreement and providing domain name registrants with pricing predictability. FRS further acknowledges that the current template Registry Agreement requires that the Registry Operator "shall offer registrars the option to obtain registration periods for one to ten years at the discretion of the registrar." If price increases are necessary, FRS intends to follow all necessary guidelines in terms of announcing them to registrars.

In connection with any premium domain names program, FRS will set pricing for premium domain names, as well as renewal terms, before offering these domain names for registration. However, in connection with this class of domain names, there may be additional requirements that would legally bind these registrants in connection with the registration and use of these domain names. These terms will be known by this class of domain name registrants prior
to the creation of any legal obligation between the parties.

fTLD Registry Services, LLC (FRS) was created to serve and protect the global banking community through the creation of a .bank generic Top Level Domain (gTLD). The community will consist of the readily identifiable set of government regulated banks that share common interests, aims, commitments to service, and consumer recognition. Since the banking industry works in conjunction with non-bank entities to support its business, including its inter-institution transfers and technological pursuits, these entities will be allowed to register domain names in .bank with approval from FRS' Board (comprised of members of the financial services community). The primary mission and purpose of the .bank gTLD is to provide a trusted, hierarchical, and intuitive online global marketplace for Internet users seeking the services of, or information on, the banking industry's members. The global banking industry‘s interrelatedness exists by virtue of its adherence to a complex set of well-defined laws and regulations administered by regulatory bodies (international, national or state). These bodies provide licenses or charters and the regulatory framework within which banks currently operate. Laws and regulations vary by country, but regardless of location, the regulatory body charged with overseeing banks and banking matters will be able to discern all members of the global banking community. As such, the .bank gTLD will be reserved for the exclusive use of members of that clearly defined global banking community. The global banking community has certain hallmarks that set it apart from other Internet users. These include: - Membership Identification - Regulatory Licensing and Chartering Requirements - Operational Accountability - Common Objectives - Well Established Representative Organizations 1. Membership Identification FRS' members can be identified with precision. The global banking community operates within a complex regulatory structure that involves licensing and regulation at the state and national levels. At its most basic level, a bank cannot exist without a charter or license. As a community gTLD, the .bank gTLD faces no hurdles or obstacles in readily identifying qualified registrants. Additionally, the Founding Members of FRS are long-standing members of the global banking community with well established partnerships. FRS will work internationally to validate eligible registrants within each country and is immediately capable of implementing policies, rules and technical methods for validating its community members. 2. Operational Accountability Along with regulation comes accountability. Internationally, banks work closely with their respective regulatory bodies. A banking services charter is conditioned upon continuing to meet these regulatory requirements. The .bank gTLD will implement compliance and eligibility monitoring, domain name revocation procedures and recurring consultation with its partner organizations in the global banking community to ensure that it is able to maintain accountability to the global banking community for its eligibility compliance. 3. Common Objectives An important hallmark of any community is the commonality of its objectives. Priorities may shift, but broad commonality must exist. Such commonality of objectives for the banking industry on the Internet may be expressed as: - Identification and reduction of industry risk; - Protection of institutions' customers and their assets; - Compliance with safety and soundness regulations; - Development of sound practices and standards; and - Advocacy of Internet policies that are in the broad interest of members and their clients. 4. Well-Established Representative Organizations The global banking community has active members that coalesce around organizations in every geographic region including research, policy development and advocacy, member support, business development and risk management. The following statistics provide an indication of the community's size and geographic diversity: - International Banking Organizations—membership represents more than 18,000 banks - North American Banking Organizations—membership represents more than 7,000 banks - European Banking Organizations—membership represents more than 5,000 banks - Asian Banking Organizations—membership represents more than 1,000 banks -Latin American Banking Organizations—membership represents more than 500 banks The banking industry has many strong representative organizations around the globe. FRS has started its global outreach and engaged the Australian Bankers' Association, British Bankers' Association, European Banking Federation, and the International Banking Federation in conversations regarding use of the .bank gTLD. These organizations have endorsed FRS' application for .bank, and FRS anticipates that two (2) international organizations will sit on its Board. Banking organizations have a long history of responding to changes in their industry. In the Internet arena, the Internet Corporation for Assigned Names and Numbers (ICANN) has opened new opportunities for communities to participate as gTLDs. As a result, it is natural for the global banking community to seek its own gTLD. There are also legitimate concerns about this type of gTLD falling into wrong hands, especially since the global banking community faces particular risks that arise out of the use of online services, ranging from phishing to spam and the disruption of services. However, as a pioneering organization, FRS is poised to take the lead on behalf of the global banking community and initiate creation of the .bank gTLD. HISTORY The global banking community is centuries old and long-standing. Started by merchants and traders, evidence of the practice of banking and banking transactions, such as loans deposits and exchanges of goods, predates the creation of currency. Some of the oldest banking institutions began in Europe, including Italy, Germany and England. The Bank of England, one of those earlier banks (1694), was a central bank originally founded to assist the government and issue English banknotes. Prior to the creation of the Federal Reserve in 1913, there were several failed attempts to establish a central bank in the United States. Banking regulations were originally left to the states and New York's pre-Civil War bank statute became the model for the National Bank Act of 1864 and the basis of state and national regulation of the banking industry. Today, the banking industry is a blend of local and global markets. Innovations in communications and information technology have facilitated geographic expansion and bank websites are efficient in enabling interactions between banks and their customers. Governments in the United States, the European Union, Latin America and Asia now allow multi-national banks to operate. In turn, multi-national trade associations that serve the industry have developed, and national banker associations are increasing their global reach. Several key banking organizations' founding dates are as follows: American Bankers Association - 1875 The Financial Services Roundtable - 1912 European Baking Federation - 1960 Latin America Banking Federation (FELBAN) - 1965 Asian Bankers Association - 1981 International Banking Federation - 2004

FRS was formed and founded by the American Bankers Association (ABA) and The Financial Services Roundtable (Roundtable) for the explicit purpose of applying for and operating financial services-related gTLDs. The .bank gTLD will be operated by FRS for the benefit of the banking industry and is comprised of the following two organizing members: Founded in 1875, the ABA represents banks of all sizes and charters and is the voice for the U.S. banking industry's $13 trillion and its 2 million employees. ABA marshals the talent, energy and perspectives of its members to bring about positive change. Through an effective collaboration between ABA members and staff, it combines experience and insights, in-depth expertise, unmatched resources and extensive products and resources to make its members more successful. When banks are strong and healthy, their communities and customers thrive. ABA is also an active member of the International Banking Federation that was formed in March 2004 to represent the combined views of a group of national banking associations. The countries represented by the Federation collectively represent more than 18,000 banks with 275,000 branches, including approximately 700 of the world's top 1,000 banks that manage worldwide assets of over $31 trillion. The first of Roundtableʹs predecessor organizations, the Association of Reserve City Bankers, was formed in 1912. The Bank Holding Company Act of 1956 led to the 1958 formation of another independent organization, the Association of Registered Bank Holding Companies. The two organizations merged in July 1993, and became The Bankers Roundtable in October 1993. In early 2000, the first members from the securities, investment, and bank sectors joined their banking brethren as founding members of The Financial Services Roundtable. Today, the Roundtable represents 100 of the largest integrated financial services companies providing bank, banking, and investment products and services to the American consumer. Roundtable member companies participate through the Chief Executive Officer and other senior executives nominated by the CEO. Roundtable member companies provide fuel for Americaʹs economic engine, accounting directly for $92.7 trillion in managed assets, $1.2 trillion in revenue, and 2.3 million jobs. The ABA, Roundtable and a third U.S.-based financial trade association, the Independent Community Bankers of America (ICBA) represent the banking communityʹs interests in the United States and around the globe. As such, these organizations maintain relationships, both formal and informal, with all sectors of the banking community, through conferences, published research, sound practices projects, and representation in policy matters. The hybrid nature of the ABA, Roundtable, and ICBA banking organizations partnered with other financial institutions perfectly reflects the U.S. banking industry, as explained above in 20(a). As noted above, FRS has engaged global banking trade associations including, but not limited to, the Australian Bankers' Association, British Bankers' Association, Canadian Bankers Association, European Banking Federation, and the International Banking Federation, and plans to maintain close relations with these global partners and two (2) international organizations that may serve on its Board. In this way, the .bank gTLD will serve the needs of the global banking community. As of April 11, 2012, the following institutions and associations have endorsed FRS' application for the .bank gTLD: Australian Bankers' Association, Banco Bilbao Vizcaya Argentaria, SA, BB&T Corporation, British Bankers' Association, City National Bank, Dollar Bank, European Banking Federation, Financial Services Information Sharing and Analysis Center, Independent Community Bankers of America, International Banking Federation, Regions Financial Corporation, Sterling Savings Bank, and Woodforest National Bank. Letters of endorsement from these entities can be found in the attachments to this question. The primary mission and purpose of the .bank gTLD is to provide a trusted, hierarchical, and intuitive online global marketplace for Internet users seeking the services of, or information on, banking industry participants. As such, the .bank gTLD will be reserved for the exclusive use of members of the clearly defined global banking community. This is not a gTLD designed for widespread registrations. Instead, registrants and registrations will be restricted by guidelines included in 20(e) below. Containing recognized members of a regulated community under one gTLD will provide financial institutions and consumers with a secure way to seek banking information and create innovative products and services. As the steward of the .bank gTLD, FRS will be accountable to the global banking community. As such FRS will employ multiple mechanisms to assure its ongoing accountability including, but not limited to: - Oversight by FRS' Board of Directors and an Advisory Board. The Board of Directors will consist of representatives from both financial institutions and financial associations. Individual financial institution directors will represent the interests of the community as direct community participants. Financial association directors represent a broad cross-section of the banking community and represent the collective interests of their members. - The Advisory Board will contain a group of global financial associations and additional financial members whose sole purpose is to represent the community. These committee members will be chosen from well-known organizations and associations within the community. - The ABA's and Roundtable's collective members expressed concern about the protection of financial gTLDs, led the formation of FRS to protect the global banking community, its institutions and, most importantly, the consumers of banking services. Both ABA and the Roundtable will continue their involvement in significant ways including, but not limited to, acting as Operating Managers of FRS. - Since the community is a highly regulated community, indirect input will be provided by key regulatory agencies throughout the globe. Close relationships will be maintained with the regulatory oversight organizations associated with the community, thus providing additional accountability to the community. In addition to the oversight and leadership noted above, FRS is accountable to the community for ensuring that applicants for .bank second-level domains are thoroughly vetted and agree to adhere to a strict set of operating rules and security standards that govern the licensing and operation of a .bank second-level domain. This vetting process, coupled with regularly scheduled reviews to ensure compliance with the FRS operating rules, is the mechanism whereby accountability is established. Collectively, this broad body of key community leadership will continually assess the policies, processes and operations of .bank and assure that it continues to operate in the best interest of the global banking community.

• Intended registrants in the gTLD fTLD Registry Services, LLC (FRS) was created to serve and protect the global banking community through the creation of a .bank generic Top Level Domain (gTLD). The purpose is to create a trusted, hierarchical, and intuitive framework for the .bank namespace. The .bank gTLD will be reserved for the exclusive use of members of the clearly defined global banking community set forth above. The plan is that .bank will serve as a trusted marketplace for consumers seeking to access financial products and services online and provide them with a short and memorable Internet address that improves navigation. Further, FRS will work with the community to create innovative products and services that will benefit institutions, consumers and the overall banking community. As stated above, the .bank community is clearly defined and registrants within the gTLD will need to meet strict registration requirements. One such restriction is the eligibility requirements, and registrations may initially be made by the following for-profit and not-for-profit businesses or organizations: - State or regionally chartered and regulated banks - Nationally chartered and regulated banks - Associations whose members are comprised of chartered and regulated banking entities - Organizations that are predominantly controlled by chartered and regulated banks or financial holding companies - Entities whose operations are principally dedicated to serving banks (if approved by the FRS Board) - Specialized organizations (e.g., research or risk coordination) (if approved by the FRS Board) • Intended end-users of the gTLD. The .bank gTLD will have a broad range of end users ranging from banking institutions themselves to potentially hundreds of millions of consumers. Once a .bank gTLD is established as a trusted TLD for matters related to the banking industry, consumers will know and trust websites in the .bank gTLD to be secure and stable. Please see FRS' response to question 18 for additional details. • Related activities the applicant has carried out or intends to carry out in service of this purpose. FRS is submitting this application on behalf of the global banking community to ensure that the .bank gTLD shall serve as a trusted, hierarchical, and intuitive namespace for this community and the consumers it serves. All registrants within this gTLD will be vetted prior to registration to confirm their identity and ensure their commitment to industry best standards developed by FRS before they are able to register in the .bank namespace (see 20(e) below). In addition, the registry will employ a network of both active and passive safeguards in registry operations to ensure that these registrants continue to abide by the terms and conditions set forth in the registration agreement. Promotion of the .bank TLD will be conducted on an ongoing initiative to ensure acceptance, familiarity and trust among members of the community. The .bank gTLD will also be promoted by registrants themselves as they will be incented to direct consumers and clients to the .bank sites they operate. This type of marketing will promote second-level domains containing .bank throughout all media outlets. Consumers will quickly become familiar with .bank and see that its use is limited to trusted, regulated banking organizations. • Explanation of how the purpose is of a lasting nature. FRS will work to provide a .bank gTLD that is trustworthy and consists of vetted banking entities absentwithout some of the abuses currently conducted on the Internet. This gTLD has a lasting nature because it shifts the burden of confirming authenticity from the consumer to the registry or its designated third-party service provider. Further, it will allow the consumer to conduct a simple search, within the domain, that will result in a pool of legitimate second-level registrants. The beauty of this streamlined search and worry-free access to banks and banking services providers is that it will best ensure the lasting nature of .bank. Banks are the single most important supplier of credit and custodian of consumer assets and have played these key economic roles for some time. One indicator of the longevity of these roles is that since September 2011, 64.8% of U.S. banks had been in business for over 50 years, and 36.5% of banks had been in business for over 100 years. As stated above in 20(b), the continued success of .bank is centered on its role as a trusted and safe environment. The Internet user increasingly finds him or herself challenged by opportunists and charlatans that present themselves as legitimate online businesses. This is a particular challenge in the banking industry, as consumers entrust sensitive financial information to external third parties. RSA, a premier provider of security, risk and compliance management solutions for business, provided the following in their January 2012 Online Fraud Report: - In 2011, approximately one in every 300 emails was deemed to contain phishing elements, most targeted to the public sector, followed by the SME business sector. - The cumulative number of phishing attacks recorded through 2011 was 279,580—a 37% increase from 2010. - In 2011, phishing attacks targeted brands from 31 different geographies and emails communicated in 16 different languages - reaching an even more diverse crowd of Internet users. The top countries in which the most brands were attacked include: the U.S., the UK, Australia, Canada, India, and Brazil. - Phishing has become easier with more automated toolkits available. On average, every phishing attack yields a $4,500 profit. - In December 2011, the portion of attacked brands representing U.S. nationwide banks increased ten percent from 76 to 86%. This represents the highest portion of brands in the U.S. nationwide banking sector targeted by phishing in the last year. This sector is represented in the U.S. by the coalition members of FRS. - The U.S. was the second-most targeted country with 28% of all phishing attacks. Only the United Kingdom was targeted more. - Together, the U.S. and UK accounted for 43% of the world's targeted brands, while the brands of 14 additional countries accounted for a total of 39% of phishing attacks in December. Due to the strict vetting that will occur before a second-level .bank domain is awarded, consumers will be less vulnerable to a phishing attack from within the .bank environment. The banking community, operating through the .bank TLD, could greatly minimize the risk of banking-related phishing for hundreds of millions of consumers.

• Relationship to the established name, if any, of the community. The .bank gTLD is perfectly aligned with the community as defined in 20(a). Consumers will clearly see and understand the link between the .bank gTLD and the banking business. As previously stated in 20(c), any second-level domain registrant in the .bank space will be vetted to ensure they are an identifiable member of the defined community with subsequent registrations provided to companies that support the banking industry upon the approval of FRS' board. As .bank gains more registrants, and those registrants promote their .bank URLs to Internet users, the .bank name will become as familiar to the online community as any leading TLD such as .com, .org or .gov. The key difference will be that in the Internet user's mind, the .bank TLD will be intimately connected with the community identified in 20(a), specifically banking services providers. As stated above, the .bank TLD is not intended for widespread distribution, so with no registrants outside the defined community, there will be no confusion by Internet users or potential registrants. • Relationship to the identification of community members. Members of the banking community include banks, banking services providers, their affiliates and banking associations. Although the community has both vertical and horizontal integration, all banks have the common criteria established in 20(c) or are a part of the greater global banking community that provides support to banks. As such, they include state or regionally chartered and regulated banks, nationally chartered and regulated banks, associations whose members are comprised of chartered and regulated banking entities, organizations that are predominantly controlled by chartered and regulated banks or financial holding companies, entities whose operations are principally dedicated to serving banks (if approved by the FRS Board), and specialized organizations (e.g., research or risk coordination) (if approved by the FRS Board).   FRS is comprised of and represents the global banking community and thus has a direct stake in ensuring the trustworthiness and reliability of .bank and its governance. The broad reach of FRS, its investors and its Board of Directors provides it with a clear advantage in operating the .bank gTLD. FRS' Board of Directors is comprised of members of the financial services community, including banks and banking trade associations. These founding organizations have strict governance protocols to ensure that a single industry player will not unduly influence or control FRS. This strong governance protocol carries vertically to FRS and to the operation of .bank. Potential bank registrants know that the operators of the gTLD do so without bias toward any particular sector or player within the broader community. Since 2008, FRS' organizing members, the ABA and the Roundtable, united to play an active role in the Internet Corporation for Assigned Names and Numbers' (ICANN) development of its new gTLD program. Both organizing members engaged with ICANN to voice community concerns about the program, and were successful in raising awareness about the need to protect brands and intellectual property as well as for elevated security standards to be included as a requirement in the Applicant Guidebook for top-level domains pertaining to the financial services industry. At the behest and approval of its bank members and Boards, FRS was formed in 2011 for the explicit purpose of applying for and operating financial services-related gTLDs. In addition, FRS seeks to protect the brand space, improve the protection available for a more secure Internet ecosystem, collaborate on delivering more innovative and secure products and services, and zealously advocate for the interests of the global banking community with ICANN. The Operating Managers of FRS: Founded in 1875, the American Bankers Association represents banks of all sizes and charters and is the voice for the U.S. banking industry's $13 trillion and 2 million employees. ABA marshals the talent, energy and perspectives of its members to bring about positive change for the banking industry. In conjunction with the financial services community, the ABA developed and continues to own a number of innovative systems that support the financial services industry. The ABA Routing Number (RTN) system was developed in 1910 and serves to identify the specific financial institution responsible for the payment of a negotiable instrument. In 1964, the ABA organized the Committee on Uniform Security Identification Procedures (CUSIP), for the purpose of developing an identifier for financial instruments. Today, CUSIPs are used to identify a wide range of global financial instruments including extensive equity and debt issues, derivatives, syndicated loans and U.S. listed equity options. ABA is also an active member of the International Banking Federation, formed in March 2004 to represent the combined views of a group of national banking associations. Collectively, the countries represented by the Federation reach more than 18,000 banks with 275,000 branches. The first of the Roundtableʹs predecessor organizations, the Association of Reserve City Bankers, was formed in 1912. The Bank Holding Company Act of 1956 led to the 1958 formation of another independent organization, the Association of Registered Bank Holding Companies. The two organizations merged in July 1993, and became The Bankers Roundtable in October 1993. In early 2000, the first members from the securities, investment, and banking sectors joined their banking brethren as founding members of The Financial Services Roundtable. Today, the Roundtable represents 100 of the largest integrated financial services companies providing banking, investment products and services to the American consumer. • Any connotations the string may have beyond the community. None.

• Eligibility: who is eligible to register a second-level name in the gTLD, and how will eligibility be determined? FRS takes its responsibilities to the global banking community seriously and it is essential that registrations only be permitted by verified members of the banking sector. Therefore, registrations may initially be made by the following for-profit and not-for-profit businesses or organizations: - State or regionally chartered and regulated banks - Nationally chartered and regulated banks - Associations whose members are comprised of chartered and regulated banking entities - Organizations that are predominantly controlled by chartered and regulated banks or financial holding companies - Entities whose operations are principally dedicated to serving banks (if approved by the FRS Board) - Specialized organizations (e.g., research or risk coordination) (if approved by the FRS Board) To ensure strict compliance with its policies, the .bank TLD will develop and implement a Registrant Eligibility Criteria and Evaluation Process. This process requires .bank accredited registrars to collect registrant information that will be used by FRS or its designated third-party service provider to authenticate that the registrant is a member of the global banking community. This requirement will be hard coded into FRS' Registry-Registrar Agreement (RRA). As part of the registration process for the .bank gTLD, potential applicants must provide the registrar with the following information: - Full legal name - Business address - Professional title of representative of the administrative contact of the potential registrant - Business name - Point of contact within the business who can verify their representation of the business - Phone - Email - Another proof of identity necessary to establish that the registrant is an eligible member of the appropriate .bank gTLD community - For banking companies, the regulatory agency issuing its charter or license - For organizations that are predominantly controlled by chartered and regulated banks or financial holding companies, list and proof of its owner(s) - For entities whose operations are principally dedicated to service banks (if approved by the FRS Board), corporate operating agreement - For specialized organizations (e.g., research or risk coordination) (if approved by the FRS Board), a copy of its corporate operating agreement if for-profit or its mission statement if non-profit Applicants who meet the eligibility requirements and have been authenticated as a legitimate member of the community will then be able to register their domains in .bank provided that the name to be registered complies with appropriate name selection and use measures outlined below. Domain names that pass the vetting process will enter a 5-day Add Grace Period (AGP) or Pending Create before becoming valid. Applicants rejected for either a non-eligibility criteria or use of domain evaluation can appeal the decision to FRS. FRS will audit all approved registrants and their strings to ensure compliance with eligibility and use requirements. • Name selection: what types of second-level names may be registered in the gTLD? Domains initially registered in the .bank gTLD must be registered trademarks, trade names or other service marks owned by the registrant. All other registrations (e.g., geographic, generic, etc.) will initially not be allowed. FRS will reserve a set of domain names prior to launch that will either be used in its capacity as Registry Operator as set forth in Specification 9 of the template Registry Agreement, or will be equitably allocated to members of the community upon approval of FRS' Board of Directors. The subset of domain names reserved for use by the FRS will be commonly used words and phrases and or geographic terms. FRS will extend an enhanced Rights Protection Mechanism that will provide trademark owners with the ability to challenge the registration or potential use of these domain names. This challenge process will be modeled after the highly successful dotAsia Pioneering Program. • Content/Use: what restrictions, if any, the registry operator will impose on how a registrant may use its registered name. FRS will have an Acceptable Use Policy (AUP) that will govern how a registrant may use its registered name. A DRAFT version of the policy (which may be amended from time to time) follows: All .bank domains must be used to serve the needs of the global banking community or an individual bank. By registering a name in a gTLD operated by FRS, you agree to be bound by the terms of this Acceptable Use Policy (AUP). In using your domain, you may not: 1. Use your domain for any purposes prohibited by the laws of the jurisdiction(s) in which you do business or any other applicable law. For banking companies specifically, use your domain name for any purposes prohibited by the bank's charter or license. 2. Use your domain for any purposes or in any manner that violates a statute, rule or law governing use of the Internet and/or electronic commerce (specifically including "phishing," ʺpharming,ʺ and/or distributing Internet viruses and other destructive activities). 3. Use your domain for the following types of activity: - Violating the privacy or publicity rights of another member of the global financial services community or any other person or entity, or breaching any duty of confidentiality that you owe to another member of the .bank gTLD community or any other person or entity; - Promoting or engaging in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; - Promoting or engaging in defamatory, harassing, abusive or otherwise objectionable behavior; - Promoting or engaging in pornography; - Promoting or engaging in any spam or other unsolicited bulk email, or computer or network hacking or cracking; - Promoting or engaging in any money laundering or terrorist financing activity; - Infringing on the intellectual property rights of another member of the .bank gTLD community or any other person or entity; - Engaging in activities designed to impersonate any third party or create a likelihood of confusion in sponsorship; - Interfering with the operation of .bank gTLD or services offered by FRS; - Distributing or installing any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; - Disseminating content that contains false or deceptive language, or unsubstantiated or comparative claims, regarding FRS; - Licensing your domain to any third party during the period of your registration; or - Engaging in behavior that is anti-competitive, boycotts or otherwise violates anti-trust laws. You are responsible for the usage of your domain at all times during the period of your registration. Proxy registrations are prohibited for all gTLDs operated by FRS. By "use," "usage" or "using" your domain name, we mean any use involving the Internet, including, but not limited to, website(s) and/or any pages thereof resolving at your domain, either directly or indirectly (including redirection, framing, pop-up windows/browsers, linking, etc.) and email distribution and/or reception. As part of the AUP, FRS will have complete enforcement rights over registrants' use of domain names. • Enforcement: what investigation practices and mechanisms exist to enforce the policies above, what resources are allocated for enforcement, and what appeal mechanisms are available to registrants? FRS proposes the use of both active and passive enforcement mechanisms to enforce the policies outlined above. As part of the AUP, FRS will have complete enforcement rights over registrants' use of .bank domain names. An excerpt follows: If Registrant violates this AUP, Registrant will be subject to a rapid domain name compliance action, be in material breach of the Agreement, and along with all other rights and remedies under this Agreement with respect to such a breach, FRS reserves the right to revoke, suspend, terminate, cancel or otherwise modify Registrant's rights to the domain name. On a regular basis, FRS will audit domain names registered in the .bank gTLD to ensure compliance with all eligibility and use criteria. If a violation is discovered, an investigation will immediately begin to rectify the violation. If a registrant chooses to appeal, FRS will review the appeal to determine if there are any material changes to the action or activity. FRS will retain the right to assign the dispute to an ombudsman if necessary. This appeal or referral process will operate on a cost-recovery basis.

22.1 fTLD Registry Services, LLC (FRS) has Properly Researched this Topic

FRS is keenly aware of the sensitivity of national governments in connection with protecting country and territory identifiers in the DNS. In preparation for answering this question, FRS reviewed the following relevant background material regarding the protection of geographic names in the DNS:

* ICANN Board Resolution 01-92 regarding the methodology developed for the reservation and release of country names in the .INFO top-level domain, see http://www.icann.org/en/minutes/minutes-10sep01.htm;
* ICANN's Proposed Action Plan on .INFO Country Names, see http://www.icann.org/en/meetings/montevideo/action-plan-country-names-09oct01.htm;
* Second WIPO Internet Domain Name Process - The Recognition and Rights and the Use of Names in the Internet Domain Name System, Section 6, Geographical Identifiers, see http://www.wipo.int/amc/en/processes/process2/report/html/report.html;
* The GAC Principles Regarding New gTLDs, see https://gacweb.icann.org/download/attachments/1540128/gTLD_principles_0.pdf?version=1&modificationDate=1312358178000
* ICANN's Generic Names Supporting Organization Reserved Names Working Group - Final Report, see http://gnso.icann.org/issues/new-gtlds/final-report-rn-wg-23may07.htm

22.2 Initial Reservation of Country and Territory Names

FRS is committed to initially reserving the country and territory names contained in the internationally recognized lists described in article 5 of Specification 5 attached to New gTLD Applicant Guidebook at the second level and at all other levels within .bank gTLD at which FRS will provide for registrations. Specifically, FRS will reserve;

1. the short form (in English) of all country and territory names contained on the ISO 3166-1 list, as updated from time-to-time, including the European Union, which is exceptionally reserved on the ISO 3166-1 list, and its scope extended in August 1999 to any application needing to represent the name European Union 〈http://www.iso.org/iso/support/country_codes/iso_3166_code_lists/iso-3166- 1_decoding_table.htm#EU〉;

2. the United Nations Group of Experts on Geographical Names, Technical Reference Manual for the Standardization of Geographical Names, Part III Names of Countries of the World; and

3. the list of United Nations member states in 6 official United Nations languages prepared by the Working Group on Country Names of the United Nations Conference on the Standardization of Geographical Names.

22.3 Fair & Non-Misleading Use of Geographical Identifiers

The members of the financial services community are a highly regulated industry in their respective countries, and thus have a compelling interest to make sure that any use of geographic identifiers in advertising is fair and non-misleading. In fact many members of the financial services community make regular use of geographical identifiers at the second level or third level in domain name registrations usually coupled with their company name or trademark. This is in addition to registration of their company name and other trademarks across a wide number of gTLDs and ccTLDs.

FRS would like to provide a hierarchical and intuitive framework for the .bank namespace by using geographical identifiers as a second-level domain name. This use of geographical identifiers to the left of the TLD and as part of the domain name itself, upon information and belief is belief to have a direct and material impact on search engine algorithms and their corresponding query results. As ICANN has largely premised this new gTLD round on promoting innovation, FRS would like to see if this type of hierarchical and intuitive use of second-level domain name within a TLD provides increased consumer functionality.

22.4 The Legal Protection of Geographical Identifiers

One of the more authoritative resources on the current state of the law in connection with the protection of geographical identifiers was authored by the World Intellectual Property Organization (WIPO) in its 2001 Second WIPO Internet Domain Name Process, The Recognition of Rights and the Use of Names in the Internet Domain Name System (DNS). Chapter six of this report was devoted exclusively to the protection of Geographical Identifiers.

In analyzing the well-established framework against the misuse of geographical identifiers at the international, regional and national levels, WIPO identified the following two elements for the protection of geographical identifiers: (i) a prohibition of false descriptions of the geographical source of goods; and (ii) a more extensive set of rules prohibiting the misuse of one class of geographical source indicators, known as geographical indications. See Second WIPO Internet Domain Name Process (Paragraphs 206 and 210).

Notwithstanding WIPO's recommendation that the protection of geographical identifiers is "a difficult area on which views are not only divided, but also ardently held" (Paragraph 237) national governments within the ICANN Governmental Advisory Committee (GAC) and other international fora have continued to advocate for increased safeguards to protect against the misuse of geographical identifiers within the domain name system.

FRS and the members of the financial services community parent, as responsible international businesses, seek to minimize any potential business practices that might mislead consumers. However, at the same believe that it is important to be able to use geographical identifiers in a fair use and non-misleading manner, if such use can benefit users as proposed in FRS' proposed business model.

22.5 Fair & Non-Misleading Use of Geographical Identifiers

In undertaking a thorough research of this subject matter prior to filing this application, FRS' subject matter experts were able to uncover the following representative sampling of fair and non-misleading use of geographical identifiers used in the existing gTLD domain name space:

Fair Use of National Geographical Identifiers

〈AUSTRALIA.COOP〉 - Is operated by Co-operatives Australia the national body for State Co-operative Federations and provides a valuable resource about cooperatives within Australia.

〈UK.COOP〉 - Is operated by Co-operatives UK the national trade body that campaigns for co-operation and works to promote, develop and unite co-operative enterprises within the United Kingdom.

〈NZ.COOP〉 - Is operated by the New Zealand Cooperatives Association which brings together the country's cooperative mutual business in a not-for-profit incorporated society.

〈USA.JOBS〉 - Is operated by DirectEmployers Association (DE). While Employ Media the registry operator of the .JOBS gTLD is currently in a dispute with ICANN regarding the allocation of this and other domain names. Direct Employers has a series of partnerships and programs with the United States Department of Labor, the National Association of State Workforce Agencies and Facebook to help unemployed workers find jobs.

〈MALDIVIAN.AERO〉 - Is the dominant domestic air carrier in Maldives, and provides a range of commercial and leisure air transport services.

Fair Use Regional /Local

〈TEXAS.JOBS〉 - Is operated a joint effort between DE, Texas Workforce Commission and the National Labor Exchange to connect job seekers with approximately 96,000 job openings. An additional domain name operated by this joint effort was 〈WORKINTEXAS-VETERANS.JOBS〉 a resource devoted to helping Texas veterans translate their military skills to jobs in the civil marketplace.

〈BOISE.COOP〉 - Is operated by Boise Co-op a member owned cooperative, founded in 1973 by a few dozen individuals who shared a mutual interest in buying healthy and organic food at reasonable prices.

〈BROOKLYN.COOP〉 - Is operated by Brooklyn Cooperative Federal Credit Union who began as a modest storefront business in 2001, but is now New York City's fastest growing credit union and a model for community development credit unions nationwide.

〈HYDERABAD.AERO〉 - Is operated by the Hyderabad International Airport and provides a range of interactive services and information for both business and leisure travelers.

〈SACRAMENTO.AERO〉 - Is portal website operated by Sacramento county to provide links to each of the airports serving the Sacramento area: Sacramento International Airport (SMF), Mather Airport (MHR), Executive Airport (SAC) and Franklin Field (F72).

22.6 Protection of Regional and Local Geographic Names for Misleading Use

Although FRS has stated its intention to use non-reserved geographic identifiers as part of a hierarchical and intuitive framework in a fair and non-misleading use to help consumers navigate the .bank namespace. FRS is committed to operating the .bank namespace in a manner that minimizes potential consumer confusion, and will with actively work with others in the ICANN community regarding any future policy development in this area.

22.7 Potential Future Release of Initially Reserved Names

FRS and the other members of the global financial services community look forward to working in connection with other new gTLD registry operators (especially those financial service community members that might be securing their own .brand TLD) in potentially working with ICANN's Governmental Advisory Committee to explore potential processes that could permit the release of initially reserved country names (including ISO-3166 two characters). Specifically, FRS is interested in exploring other Registry Service Evaluation Process (RSEP) requests that have been filed by existing gTLD registry operators in releasing previously reserved domain names.

22.8 Dispute Resolution

Applicant does not envision any potential disputes from governments or public authorities in connection with the registration and use of geographic names within the .bank gTLD based upon its proposed use set forth in Answer 18 above.

However, FRS is committed to working with governments, public authorities, or Intergovernmental Organizations (IGOs) that may have a concern regarding the registration of names with national or geographic significance at the second level within .bank gTLD. Therefore, should there arise any potential disputes, FRS will undertake an immediate policy development process as identified below.

22.9 Creation and Updating the Policies

If there should arise some future need for the creation or updating of the policies regarding this class of domain names, FRS will act in an open and transparent manner consistent with its prior practices within the global financial services community to develop such a policy and/or recommendation.

FRS is also committed to continually reviewing and updating these lists to prevent misleading use of geographical identifiers. Consistent with this commitment, FRS intends to remain an active participant in any ongoing ICANN policy discussion regarding the protection of geographic names within the DNS.