ccTLD/ICANN Contract for Services

(Draft Agreements)

A Comparison

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Scope of Presentation Objective Introduction

History ICANN ICANN version ccTLD version

ICANN version ccTLD version Comparison Issues Way Forward

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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

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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

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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

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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

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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 TrilateralIntermediate

ICANN version

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Legacy Situation

Situation (1): Does the national government want to be involved?

If no --> legacy situation --> Agreement between ICANN and ccTLD manager

ICANN version

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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

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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 requirementsb) To responsibly monitor the ccTLD operator's activities in the interest of the Local Internet Communityc) To acknowledge ICANN's responsibility for ensuring sound operation of the global DNS

If yes, yes, yes --> Trilateral situation

ICANN version

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Trilateral situationParties and Relationships

a) ccTLD manager and national government: agreement or equivalent (see .ca Umbrella Agreement) covering local interestb) National government and ICANN: letter of other communicationc) ccTLD manager and ICANN: agreement covering global interest

Note: It is not one tripartite agreement

ICANN version

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Trilateral situation -- ICANN and ccTLD Manager’s Responsibilities

ICANNa) Maintain authoritative root server systemb) Maintain authoritative and publicly available ccTLD databasec) Maintain audit trail regarding delegations

ccTLD Managera) Provide stable and secure registry and name server operationb) 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

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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 upon request

timescales

ccTLD version

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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

ccTLD version

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ccTLD AgreementICANN Obligations

Publish info rate of capacity utilisation failures and corrective actions ICANN performance and

response times Number and location of root

servers

ccTLD version

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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

ccTLD version

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ccTLD AgreementManager Obligations

Manager’s Obligations payment

not a license fee

ccTLD version

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ccTLD AgreementRemedies

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

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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

ccTLD version

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ccTLD AgreementMisc.

Jurisdiction and Applicable law ???

ccTLD version

Comparison

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Comparison Legacy and ccTLD

Comparison

ccTLD

• Manager’s obligations

Best Practice -- work towards compliance

ICANN Payment

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

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Comparison Legacy and ccTLD

Comparison

ccTLD

• Others ICANN responsibilities Remedies Termination Duration Jurisdiction & applicable law

Legacy

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Comparison Trilateral and ccTLD

Comparison

ccTLD

• Manager’s obligations

Best Practice -- work towards compliance

ICANN Payment

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)

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Comparison Trilateral and ccTLD

Comparison

ccTLD

• ICANN obligations

maintain world root servers

maintain Root Database

regeneration of zone files

publication of reports

Trilateral

• ICANN obligations authoritative root server system

authoritative and publicly available database

audit trail on delegations

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Comparison Trilateral and ccTLD

Comparison

ccTLD

• Others Remedies Termination Duration Jurisdiction & applicable law

Trilateral

• Agt with Government

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Issues

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