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 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 Introduction

4 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 Introduction

ICANN version

6 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.) ICANN version

7 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 ICANN version

8 ccTLD Agreements Two 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 ICANN version

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

10 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 ICANN version

11 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 ICANN version

12 Trilateral situation Parties 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 ICANN version

13 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 ICANN version

ccTLD version

15 ccTLD Agreement ICANN 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 upon request timescales ccTLD version

16 ccTLD Agreement ICANN 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 ccTLD version

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

18 ccTLD Agreement Manager 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 ccTLD version

19 ccTLD Agreement Manager Obligations Manager’s Obligations payment not a license fee ccTLD version

20 ccTLD Agreement Remedies ccTLD version 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 Remedies for breach by ICANN If ICANN in breach, Manager has right to demand enforcement of clause and claim damages

21 ccTLD Agreement Misc. 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 ccTLD version

22 ccTLD Agreement Misc. Jurisdiction and Applicable law ??? ccTLD version

Comparison

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

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

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

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

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

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