Introduction
The Dot Kids Implementation and Efficiency Act of 20021
requires that Neustar, Inc., as the Registry Operator for the
kids.us domain (the Registry Operator), maintain a domain that
"provides access only to material that is suitable for
minors and not harmful to minors."2
To carry out the content enforcement obligations of the kids.us
Act, the Registry Operator is required to establish a "process
for removing from the new domain any content that is not in
accordance with the standards and requirements of the Registry."3
We recognize, however, that even with strict enforcement procedures
and clear content guidelines, there remains the possibility
that unsuitable content could make its way into the namespace.
Because it is the goal of Congress that there be an online area
for children that is free from harmful material, the Registry
Operator was given broad enforcement authority. This document
provides the details of the required enforcement process.
To address the instances where an individual or an entity endeavors
to corrupt the kids.us domain with content that is inconsistent
with the kids.us Act and the kids.us Content Policy4
the Registry Operator has developed the following procedures
for removing inappropriate content (which includes the domain
name itself). These procedures include the following steps:
-
Initial review of content complaints;
-
Notification process;
-
Internal review, including categorization of the content
violation, determination of the "severity" of
the violation, registrant contact, zone file modifications,
and, if required, takedown of the domain; and
-
Cure and reactivation of domains.
Registry takedown occurs at the third-level domain name, (e.g.,
"example.kids.us"), thereby being a de facto
takedown of all sub-domains.
Initial review of content complaints
In all instances where the Registry Operator is notified of
alleged inappropriate content within the kids.us domain, it
will administer the following procedures in a neutral and even-handed
fashion. The alleged content violation will be reviewed in accordance
with the kids.us Content Policy5—the
identical content standards followed for all potential registrants
in the initial content review prior to activation and the on-going
content monitoring of active kids.us registrations. The Registry
Operator will maintain records of all kids.us Content Policy
violations.
Pursuant to the kids.us Act, all enforcement procedures and
actions by the Registry Operator are subject to public scrutiny.
Specifically, the kids.us Act requires that the Registry Operator
"prepare, on an annual basis, a report on the Registry's
monitoring and enforcement procedures" for the kids.us
domain.6 The Act further requires
that the Registry Operator submit that report to the "Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate."7
Notification process
The Registry Operator may be notified of alleged content policy
violations by any person or entity using either of these two
(2) mechanisms:
-
Content Manager contact made to the Registry Operator,
or
-
Direct end user contact of the Registry Operator made by
e-mail, fax, or toll-free phone calls.
The Registry Operator will clearly publicize, the contact information
for end user complaints on the kids.us website. The Registry
will respond to all inquiries within a reasonable timeframe.
Each individual handling content policy complaints will receive
training about the requirements of the kids.us Act and the kids.us
Content Guidelines and Requirements. For all direct end user
complaints, individuals registering an alleged violation are
required to provide the following information:
-
Name;
-
Contact information (place to follow-up for contact, if
necessary);
-
Exact URL of alleged content policy violation;
-
Date and time the alleged violation was detected; and
-
A description of the alleged violation (by category, if
possible).
Upon receipt of any complaint alleging violation of the kids.us
Content Guidelines and Requirements, the Registry Operator will
initiate internal review and takedown procedures.
Internal review, categorization, severity determination,
and takedown
Internal review and takedown involve multiple steps. First,
upon notice of a violation of the kids.us Content Policy, the
Registry Operator will access the website containing alleged
kids.us content violations and take a screenshot of the page
or pages with alleged violations. Next, a determination will
be made as to whether the alleged violation does in fact involve
content that is inconsistent with the kids.us Content Policy.
If the content within the domain is not found to be in violation,
no further action will be taken. If the content is found to
be in violation, a determination of the category of content
violation will be made.
The categorization of the content violation will be made in
accordance with the twelve (12) categories defined in the kids.us
Content Policy as follows: mature content; pornography; inappropriate
language; violence; hate speech; drugs; alcohol; tobacco; gambling;
weapons; criminal activity; and technology restrictions.
After the category is determined, the Registry Operator will
determine the "severity" of the violation involved.
In accordance with the enforcement policy defined in the kids.us
Content Policy, the categorization of content violations assigns
a "severity level" that will guide the Registry Operator
in the next phase of takedown procedures. The severity level
and the penalty for each level are as follows:
Level 1 violation—The domain name will be immediately
removed from the kids.us zone file resulting in takedown of
the domain. The Registry Operator will notify the registrant
according to the contact information included in the content
registration form. The Registrar of record (listed in the Whois)
will be copied on this correspondence.
Level 2 violation—The registrant will be contacted
and informed they have 4 [business] hours to modify the content.
The registrant must inform the Registry Operator when the content
violation has been cured. If the violation is not cured and
the proper notice is not provided within the specific timeframe,
the domain name will be removed from the kids.us zone file.
The Registrar of record (listed in the Whois) will be copied
on this correspondence.
Level 3 violation—The registrant will be contacted
and informed they have 12 business hours to modify the content.
The registrant must inform the Registry Operator when the content
violation has been cured. If the violation is not cured and
the proper notice is not provided within the specific timeframe,
the domain name will be removed from the kids.us zone file.
The Registrar of record (listed in the Whois) will be copied
on this correspondence.
Cure and reactivation of domains
When a domain name is removed from the kids.us zone, the registrant
will be required to reactivate their domain name and place the
content through the formal review process if it desires to reactivate
its name. The registrant will remain registrant of record for
the remainder of that term and any subsequent renewal term.
The registrant will repeat the initial content review process
for compliance with the kids.us Content Policy. A reactivation
fee of $400 will be charged by the Registry Operator to the
registrant in each instance that a name is removed from the
zone and reactivated. When the content passes the content review
process, the name will then be reactivated in the kids.us zone
file. The registrant's "initial activation date" for
the domain name registration and content registration will not
be changed as a reflection of the takedown procedures.
The Registry Operator reserves the right to cancel any domain
name registered to registrants who repeatedly violate the kids.us
Content Policy.
Registrants are entitled to initiate an administrative proceeding
("Challenge") in the event that the Registry has taken
action to remove a kids.us domain name from the zone file or
has issued a Content Violation Notice of Intent to Remove a
kids.us domain name from the zone file (the "Removal Notice")
for violation of the Content Policy.
Notification of law enforcement (as needed)
Neustar reserves the right to report any content policy violation
to an appropriate law enforcement agency if it deems in its
sole discretion that such report is warranted.
