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GAC ccTLD Principles

GAC ccTLD Principles . Christopher Wilkinson Head, GAC Secretariat. ITU ccTLD Workshop Geneva, 3-4 March 2003. Who are the GAC? . 75+ Member Governments International & Regional organisations Chair - Mohamed Sharil Tarmizi (Malaysia) Three Vice Chairs (Brazil, Kenya, Sweden)

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GAC ccTLD Principles

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  1. GAC ccTLD Principles Christopher WilkinsonHead, GAC Secretariat ITU ccTLD WorkshopGeneva, 3-4 March 2003 ICANN Governmental Advisory Committee (GAC) Secretariat

  2. Who are the GAC? • 75+ Member Governments • International & Regional organisations • Chair - Mohamed Sharil Tarmizi (Malaysia) • Three Vice Chairs (Brazil, Kenya, Sweden) • Past Chair, Paul Twomey, Australia • Secretariat in Brussels (used to be in Canberra) http://www.gac.icann.org ICANN Governmental Advisory Committee (GAC) Secretariat

  3. What does GAC do? • Governmental Advisory Committee to ICANN • meets three times a year+teleconference and discussion list, e-mail • Issues: gTLDs, ccTLDs, ADR, IPv6, Whois, IDN, DNS Security • Methods: 1. Replies to ICANN’s request 2. GAC Initiative ICANN Governmental Advisory Committee (GAC) Secretariat

  4. Introduction to GAC ccTLD Principles • GAC Principles: negotiated solution to a complex problem; • One year’s work 1999-2000 • Different situations in different countries • Flexibility implementing general principles • Technical improvements possible, but • The same interested parties are present • So, do not expect radical changes. ICANN Governmental Advisory Committee (GAC) Secretariat

  5. Boundary Conditions(several parties) 1. ccTLDs - No arbitrary redelegation - IANA technical functions 2. National - Ultimate ResponsibilityGovernment - Economy and security 3. ICANN - Technical Stability, no liability 4. USG - Divest responsibility No liability ICANN Governmental Advisory Committee (GAC) Secretariat

  6. Boundary conditions (2) ? 2. Nat’l Gvts 3. USG 1. ccTLDs 4. ICANN ICANN Governmental Advisory Committee (GAC) Secretariat

  7. Today’s agenda About ccTLDs Three interested Parties Communication between the Parties Delegation and re-delegation ICANN Governmental Advisory Committee (GAC) Secretariat

  8. GAC ccTLD Principles - Antecedents • RFC 1591 - Jon Postel/IANA 1994 • ICP-1 - ICANN 1999 • ICANN request to GAC - 1999 GAC Santiago Communiqué, August 1999 • TLDs are a public trust • no IPR in the TLD itself • Ultimate authority of the government ICANN Governmental Advisory Committee (GAC) Secretariat

  9. GAC ccTLD Principles - Background • IANA issued Country Codes from 1980’s • ISO 3166-1 (not developed for this use) • Virtually exhausted, few exceptions • Many are *not* “countries” ICANN Governmental Advisory Committee (GAC) Secretariat

  10. GAC ccTLD Principles - Philosophy Triangular relationship between ICANN/Registry/Government Government GAC ccTLD Principles ICANN/IANA ccTLD ICANN Governmental Advisory Committee (GAC) Secretariat

  11. GAC ccTLD Principles - Terminology • “Delegee” = Registry Manager • “Delegation” = License or Concession in the public interest • “Communication” = Stable written relationships ICANN Governmental Advisory Committee (GAC) Secretariat

  12. Today’s agenda About ccTLDs Three interested Parties Communication between the Parties Delegation and re-delegation ICANN Governmental Advisory Committee (GAC) Secretariat

  13. Three Interested Parties 1. Registry Manager 2. Government or Public Authority 3. ICANN / IANA ICANN Governmental Advisory Committee (GAC) Secretariat

  14. 1. Registry Manager or “Delegee” • Public Trust (“Local Internet Community”) • No sub-licensing. Operating sub-contract possible. • No private IPR in the TLD • Recognises ultimate public authority • Cooperates with public authorities • Resident or incorporated within jurisdiction ICANN Governmental Advisory Committee (GAC) Secretariat

  15. 2. Government / public authority • Ensures TLD administered in public interest • responsible for public policy • ensures fair conditions of competition • Long term stability • Registry a legal entity, not an individual ICANN Governmental Advisory Committee (GAC) Secretariat

  16. 3. ICANN / IANA • Fulfills IP and DNS technical functions • Maintains IANA database • Maintains the Root Zone files • Keeps Records and audit trails • Communicates changes in ICANN contact information ICANN Governmental Advisory Committee (GAC) Secretariat

  17. Today’s agenda About ccTLDs Three interested Parties Communication between the Parties Delegation and re-delegation ICANN Governmental Advisory Committee (GAC) Secretariat

  18. GAC ccTLD Principles - The “Communications” 1. Between Government and ICANN • Contact point in government • contact details of Registry and term of delegation • Registry abides by agreed relations with ICANN • ICANN protects national interests in geographical terms. ICANN Governmental Advisory Committee (GAC) Secretariat

  19. GAC ccTLD Principles - The “Communications” 2. Between Government and Registry(1) • TLD operated the in the interest of local and global Internet community (public trust) • Recognition of ultimate authority of the government or public authority;conforms to local and international law • Transfer of data to successor entity if any;no IPR rights in the TLD • Dispute resolution procedures ICANN Governmental Advisory Committee (GAC) Secretariat

  20. GAC ccTLD Principles - The “Communications” 2. Between Government and Registry (2) • Term, performance, review and revocation process, if necessary • Conform to ICANN developed policies • Additional ARD rules for open ccTLDs • Irrespective of place of incorporation • Conditions for technical sub-contracting ICANN Governmental Advisory Committee (GAC) Secretariat

  21. GAC ccTLD Principles - The “Communications” 3. Between ICANN and Registry (1) • ICANN fulfils its technical functions • Registry maintains the ccTLD name-servers • Availability of zone file and registration data (not controversial at the time!) • Communicates changes in contact information • Safety and Security of databases (escrow, mirror sites etc.) ICANN Governmental Advisory Committee (GAC) Secretariat

  22. GAC ccTLD Principles - The “Communications” 3. Between ICANN and Registry (2) Abide by ICANN developed policies for: • interoperability • operational performance • Whois • payment of contributions to ICANN In case of re-delegation: • ensure transfer of data to replacement entity ICANN Governmental Advisory Committee (GAC) Secretariat

  23. Today’s agenda About ccTLDs Three interested Parties Communication between the Parties Delegation and re-delegation ICANN Governmental Advisory Committee (GAC) Secretariat

  24. Delegation and Re-delegation (1) 1. ICANN should re-delegate if notified by Government concerned that: • Registry contravenes agreement • term of the agreement expires • looses support of local Internet community • threatens stability of the Internet • re-delegate to entity designated by government ICANN Governmental Advisory Committee (GAC) Secretariat

  25. Delegation and Re-delegation (2) “ 7.5 Delegees should enjoy, in the execution of their responsibilities, the appropriate rights under applicable law, and should not be subject to discriminatory or arbitrary practices, policies or procedures from ICANN or the relevant government or public authority. In the event of a reassignment of delegation, registrants in the ccTLD should be afforded continued name resolution, or a reasonable period in which to transfer to another TLD.” ICANN Governmental Advisory Committee (GAC) Secretariat

  26. Boundary Conditions:Several Parties 1. ccTLDs - No arbitrary redelegation - IANA technical functions 2. National - Ultimate ResponsibilityGovernment - Economy and security 3. ICANN - Technical Stability, no liability 4. USG - Divest responsibility No liability ICANN Governmental Advisory Committee (GAC) Secretariat

  27. Boundary conditions (3) 2. Nat’l Gvts 3. USG GAC ccTLD Principles 1. ccTLDs 4. ICANN ICANN Governmental Advisory Committee (GAC) Secretariat

  28. Conclusions • GAC Principles: negotiated solution to a complex problem; • One year’s work 1999-2000 • Different situations in different countries • Flexibility implementing general principles • Technical improvements possible, but • The same interested parties are present • So, do not expect radical changes. ICANN Governmental Advisory Committee (GAC) Secretariat

  29. ICANN Governmental Advisory Committee http://www.gac.icann.org ITU ccTLD WorkshopGeneva, 3-4 March 2003 ICANN Governmental Advisory Committee (GAC) Secretariat

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