Transcript 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.

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
2
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
3
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
4
ICANN version
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.)
6
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
7
ICANN version
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
Intermediate
Trilateral
8
ICANN version
Legacy Situation

Situation (1): Does the national
government want to be involved?
If no --> legacy situation -->
Agreement between ICANN and
ccTLD manager
9
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
10
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
11
ICANN version
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
12
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
13
ccTLD version
ccTLD version
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
15
ccTLD version
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
16
ccTLD version
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
17
ccTLD version
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
18
ccTLD version
ccTLD Agreement
Manager Obligations

Manager’s Obligations

payment
 not
a license fee
19
ccTLD version
ccTLD Agreement
Remedies
Remedies for breach by
ICANN
Remedies for breach
by Manager
If ICANN in breach,
Manager has right to
demand enforcement of
clause and claim
damages
• 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
20
ccTLD version
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
21
ccTLD version
ccTLD Agreement
Misc.

Jurisdiction and Applicable law

???
22
Comparison
Comparison
Comparison Legacy and ccTLD
Legacy
ccTLD
•Manager’s obligations
• Manager’s obligations
 Local Internet
Community
 Best Practice -- work
 no property rights
 ICANN Payment
towards compliance
 compliance with
ICANN policies on DRP
(to the extent applicable)
 out of country
registrations -->
comply with ICANN
policies
 conversion to
trilateral situation
24
Comparison
Comparison Legacy and ccTLD
Legacy
ccTLD
• Others
 ICANN
responsibilities
 Remedies
 Termination
 Duration
 Jurisdiction &
applicable law
25
Comparison
Comparison Trilateral and ccTLD
Trilateral
ccTLD
• Manager’s obligations
• Manager’s obligations
 Stable and secure
registry and nameserver
operation
 contribute to ICANN
payment
 Best Practice -- work
towards compliance
 ICANN Payment
 compliance with
ICANN consensus
policies (global
interoperability, WHOIS,
data escrow)
26
Comparison
Comparison Trilateral and ccTLD
Trilateral
ccTLD
• ICANN obligations
• ICANN obligations
 authoritative root
server system
 maintain world root
 authoritative and
publicly available
database
 maintain Root
Database
audit trail on
delegations
servers
 regeneration of zone
files
 publication of reports
27
Comparison
Comparison Trilateral and ccTLD
Trilateral
ccTLD
• Agt with Government
• Others
 Remedies
 Termination
 Duration
 Jurisdiction &
applicable law
28
Issues




Contract with ICANN
Role of Governments
Self regulation?
Status of root servers
29