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ccTLD/ICANN Contract for Services (Draft Agreements) A Comparison

ccTLD/ICANN Contract for Services (Draft Agreements) A Comparison. Scope of Presentation. Objective Introduction History ICANN ICANN version ccTLD version ICANN version ccTLD version Comparison Issues Way Forward. Introduction. History from ICANN Initiative.

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ccTLD/ICANN Contract for Services (Draft Agreements) A Comparison

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  1. ccTLD/ICANN Contract for Services(Draft Agreements)A Comparison

  2. Scope of Presentation • Objective • Introduction • History • ICANN • ICANN version • ccTLD version • ICANN version • ccTLD version • Comparison • Issues • Way Forward

  3. Introduction History from ICANN Initiative • ICANN presentation on ICANN and Country Code Top Level Domain Registries (ICANN version) • History • Cairo meeting Mar 2000 • Status quo draft Jul 2000 ( for discussion purposes only) • Presented in Hawaii 1 Feb 2001 and Geneva 19 Feb 2001 • No draft agreement comes out yet

  4. Introduction History from ccTLD Initiative • Contract for Services between ccTLD managers and ICANN (ccTLD version) • 13 Nov 2000, reviewed and amended at ccTLD meeting • draft agreement ready and being review • Based on CENTR’s 7th draft, 20 Sept 2000 • CENTR’s Principles for a Contract for Services between ICANN and ccTLDs - 29 Oct 1999

  5. ICANN version

  6. ICANN version Basic ICANN/ccTLD Agreement Structure • Written agreement between ICANN and ccTLD manager • Assist ccTLD manager in serving needs of local Internet community • Provide for appropriate monitoring of ccTLD manager's trust obligations • Enable ICANN to ensure global DNS interests are protected (technical stability, transparency in registration, etc.)

  7. ICANN version Special Concerns to Be Addressed in ICANN-ccTLD Agreements • Appropriate application of local and global policies • Circumstances in which delegations* are changed • ICANN's performance of the IANA function • Contributions to funding ICANN activities * appointment of alternative ccTLD manager

  8. ICANN version ccTLD AgreementsTwo Basic Situations (1) Legacy situation: The IANA monitors the trust locally and globally No government involvement (2) Trilateral situation: The national government, where interested, responsibly monitors the local interest; ICANN monitors the global interest Legacy Trilateral Intermediate

  9. ICANN version Legacy Situation • Situation (1): Does the national government want to be involved? If no --> legacy situation --> Agreement between ICANN and ccTLD manager

  10. ICANN version Legacy Situation - ICANN & ccTLD Manager Responsibilities • Commitment to operate ccTLD in trust for the interest of the Local Internet Community • Acknowledgement that no property rights are acquired in the ccTLD • Compliance with ICANN-developed policies concerning domain-name-dispute resolution (to the extent applicable) • Where the ccTLD registration policies encourage or allow out-of-country registrations, agreement to observe all applicable ICANN-developed policies • Mechanism for conversion to trilateral situation in the event the national government agrees to the necessary items

  11. ICANN version Trilateral Situation • Situation (2): If the national government wants to be involved, is it willing to agree: a) To afford the ccTLD operator security from arbitrary governmental action, with reference to reasonable stated performance requirements b) To responsibly monitor the ccTLD operator's activities in the interest of the Local Internet Community c) To acknowledge ICANN's responsibility for ensuring sound operation of the global DNS If yes, yes, yes --> Trilateral situation

  12. ICANN version Trilateral situationParties and Relationships a) ccTLD manager and national government: agreement or equivalent (see .ca Umbrella Agreement) covering local interest b) National government and ICANN: letter of other communication c) ccTLD manager and ICANN: agreement covering global interest Note: It is not one tripartite agreement

  13. ICANN version Trilateral situation -- ICANN and ccTLD Manager’s Responsibilities • ICANN a) Maintain authoritative root server system b) Maintain authoritative and publicly available ccTLD database c) Maintain audit trail regarding delegations • ccTLD Manager a) Provide stable and secure registry and name server operation b) Participate in development of and abide by ICANN consensus policies, e.g., global interoperability, Whois, data escrow, etc. c) Contribute to ICANN's cost of operation

  14. ccTLD version

  15. ccTLD version ccTLD AgreementICANN Obligations • Entry for ccTLD in Root Database • Manager contact details • ccTLD website URL • IP Add and fully qualified domain names of ccTLD’s nameservers • Root Database Records • maintained by Data Controller • security measures • effect changes uponrequest • timescales

  16. ccTLD version ccTLD AgreementICANN Obligations • Operate World Root Servers • containing ccTLD entries • 24X7 Internet connectivity • resolve name queries • Regeneration of zone files -- within 24 hours of change to Root Database

  17. ccTLD version ccTLD AgreementICANN Obligations • Publish info • rate of capacity utilisation • failures and corrective actions • ICANN performance and response times • Number and location of root servers

  18. ccTLD version ccTLD AgreementManager Obligations • Operate in accordance with Best Practice doc • BP to be published • maintain TLD nameservers • notification of changes to Root Database entry • maintain website with info on: • Manager, rules/procedures • Non English sites - basic info in English

  19. ccTLD version ccTLD AgreementManager Obligations • Manager’s Obligations • payment • not a license fee

  20. ccTLD version ccTLD AgreementRemedies Remedies for breach by ICANN If ICANN in breach, Manager has right to demand enforcement of clause and claim damages • Remedies for breach by Manager • Initiate discussions with Manager • If Manager cannot be contacted, or does not respond, ICANN may give 28 days notice to Manager to remedy breach, o/wise seek alternative manager

  21. ccTLD version ccTLD AgreementMisc. • Duration • perpetual • Termination • If Manager ceases operations --> to transfer database rights in TLD and further levels to successor or ICANN; or • give 6 months’ notice

  22. ccTLD version ccTLD AgreementMisc. • Jurisdiction and Applicable law • ???

  23. Comparison

  24. Comparison Comparison Legacy and ccTLD • Legacy • Manager’s obligations • Local Internet Community • no property rights • compliance with ICANN policies on DRP (to the extent applicable) • out of country registrations --> comply with ICANN policies • conversion to trilateral situation • ccTLD • Manager’s obligations • Best Practice -- work towards compliance • ICANN Payment

  25. Comparison Comparison Legacy and ccTLD Legacy • ccTLD • Others • ICANN responsibilities • Remedies • Termination • Duration • Jurisdiction & applicable law

  26. Comparison Comparison Trilateral and ccTLD • Trilateral • Manager’s obligations • Stable and secure registry and nameserver operation • contribute to ICANN payment • compliance with ICANN consensus policies (global interoperability, WHOIS, data escrow) • ccTLD • Manager’s obligations • Best Practice -- work towards compliance • ICANN Payment

  27. Comparison Comparison Trilateral and ccTLD • Trilateral • ICANN obligations • authoritative root server system • authoritative and publicly available database • audit trail on delegations • ccTLD • ICANN obligations • maintain world root servers • maintain Root Database • regeneration of zone files • publication of reports

  28. Comparison Comparison Trilateral and ccTLD • Trilateral • Agt with Government • ccTLD • Others • Remedies • Termination • Duration • Jurisdiction & applicable law

  29. Issues • Contract with ICANN • Role of Governments • Self regulation? • Status of root servers

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