ICANN/ccTLD Agreements: Why and How Andrew McLaughlin Monday, January 21, 2002 TWNIC

ICANN and the USG l Memorandum of Understanding –Joint ICANN-USG project –Manage transition to l USG --> International l USG --> Private l USG --> Not-for-profit public interest –Checklist of tasks l IANA Agreement –Continue management of IANA functions –USG --> ICANN for financial responsibility –Names, numbers, and protocol parameters l CRADA –Improvements to Root Name Server System

MOU Checklist l Contribute technical advice and expertise on private-sector management. l Implement procedures –Reconsideration process –Independent review process –Uniform dispute resolution process for gTLDs l Introduce competition in domain name registration services for gTLDs l Establish DNS Root Server System Advisory Committee (RSSAC) l Facilitate global participation in the formulation of policies l Develop appropriate membership and participation mechanisms l Launch new gTLDs l Implement address registry (RIR) agreements l Implement root server agreements l Implement ccTLD agreements

MOU Principles l Ensure DNS stability (paramount) l Promote competition l Promote participation, openness and transparency l Promote diversity

ICANN and Governments l Governments –One of stakeholders in ICANN l Global and national Internet community –Promotes and protects l Public interest l Commerce, consumers, individuals, etc. l Last resort for concerned institutions, individuals etc l Governments will step in if necessary l ICANN’s Government Advisory Committee (GAC) –Stakeholder representative

ICANN and Root Name Server Operators l Root Name Server System Advisory Committee –All root server operators plus and including ICANN l RSSAC advises ICANN Board on –Operational issues Security considerations Number, location, and distribution ICANN’s Role Oversees and coordinates But does not operate Except for L-root ICANN responsible for the Authoritative Root Zone File Stably and securely CRADA report Transfer of Authoritative Update Function to ICANN

ICANN and ccTLDs

ASO ccTLD Managers Today Day-to-day Operations Registrations Disputes Invoicing Registrars PR Operational Organization Policy development Participation Management Overview Trustee Organization Users Businesses GovIP NGOs UniversitiesTelcos ConsumersISPs

Global Policy Delegation Redelegation Technical Standards Interoperability … Global vs Local Policies ccTLD manager Local Internet Community Local policy Organized by the ccTLD Manager Global Internet Community Global Policy Organized by ICANN Local policy Structure second level domains and beyond Who can register Price Dispute policy Prohibited names Marketing channels

Trusteeship (ICANN) l RFC 1591 (Jon Postel) –Concerns about “rights” and “ownership” of domains are inappropriate. It is appropriate to be concerned about “responsibilities” and “service” to the community. –These designated authorities [ccTLDs] are trustees for the delegated domain, and have a duty to serve the community. l ICP-1 –Documents IANA policies and practices as of ICANN’s formation

Trusteeship (Governments) l GAC Principles –“The delegee of a ccTLD is a trustee for the delegated domain, and has a duty to serve the residents of the relevant country or territory in the context of ISO , as well as the global Internet community … Its policy role should be distinguished from the management, administration and marketing of the ccTLD. These functions may be performed by the same or different entities. However the delegation itself cannot be sub-contracted, sub-licensed or otherwise traded without the agreement of the relevant government or public authority and ICANN." (4.1, GAC Principles)

Trusteeship (ccTLDs) l ccTLD Constituency Best Practices Guidelines –A ccTLD manager is a trustee for the delegated domain, and has a duty to serve the community it represents as well as the global Internet community. Concerns about rights and ownership …..(Postel quote) l CENTR Best Practices (Duties of ccTLD Managers): –The primary duty of the ccTLD Manager is one of Public Service, and to manage and operate the ccTLD Registry in the interest of and in consultation with the Local Internet Community. ccTLD Managers are entrusted with the management of the TLD Registry. A ccTLD Manager has no interest in the intellectual or other property rights in names registered as domain names or as part of domain names.

l IANA Services to ccTLDS –Maintains the Authoritative Root Zone File –Process requests for changes –Monitor, enforce and execute global policies l Commitment to Service Improvement –Partnership –Service understandings and goals –Reporting and Statistics –Documentation of processes –Continuous improvement –Advisory structure IANA Functions & Services --> ccTLDs

l Coordination with Root Name Server Operators –Agreements (MOUs) –RSSAC –Self-policing –Location, number etc l Completion of CRADA Report l Operate root zone distribution master (future) l Monitoring program (under discussion) l Hardening of ICANN operations (subject to funding) IANA Functions --> Root Ops

l ICANN provides forum for all stakeholders –No registry is an island (figuratively) l For global coordination, including policy –Interoperability, stability and security l Stakeholders determine appropriate policies –Service goals etc? –Authentication policy? –Updates to ICP-1? Global Policy Development

l ICANN’s budget defined by community –Advisory structure l Budget group l Finance committee l Registries contribute –By agreement or voluntarily –Equitable scale –Based on ICANN's total funding requirements l Including reserves –Developed by consensus Funding

l Why agreements? –To formalize and institutionalize existing relationships l Reflect agreed principles –Make relationships stable and transparent –Advance MOU transition l Contracts vs understandings Agreement Framework