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GAC Statements Concerning ccTLDs


From the 2 March 1999 (Singapore) Communiqué:
3) The Committee has had fruitful discussions around substantive issues relating to the usage of the Internet across the worldwide community, the administration of the country code top level domains (ccTLDs), and the WIPO Internet domain name process. The Committee initiated a positive and constructive process for addressing these and other significant Internet policy issues.

From the 25 May 1999 (Berlin) Communiqué:

3. The Committee has had fruitful discussions around substantive issues relating to the usage of the Internet across the worldwide community, the administration of the country code top level domains (ccTLDs), and the WIPO Internet domain name process. The Committee initiated a positive and constructive process for addressing these and other significant Internet policy issues, and as a consequence makes the following recommendations to the ICANN Board.

* * *

With regard to the Management of the ccTLDs of External and/or Dependent Territories, that:

Where the delegate of a ccTLD does not have the support of the relevant community, in the context of the ISO 3166 Code, and of the relevant public authority or government, that, upon request, ICANN exercise its authority with the utmost promptness to reassign the delegation.

From the GAC Operating Principles (adopted 25 May 1999):

Considering that:

1. The Internet naming and addressing system is a public resource that must be managed in the interests of the global Internet community;

* * *

4. Country code top level domains are operated in trust by the Registry for the public interest, including the interest of the Internet community, on behalf of the relevant public authorities including governments, who ultimately have public policy authority over their ccTLDs, consistent with universal connectivity of the Internet.

From the 24 August 1999 (Santiago) Communiqué:

The Governmental Advisory Committee (GAC) has had fruitful discussions around substantive issues relating to the usage of the Internet across the worldwide community and the administration of the country code top level domains. The GAC initiated a positive and constructive process for addressing these and other significant Internet policy issues, and as a consequence makes the following recommendations to the ICANN Board:

* * *

b. With regard to principles for the delegation of management for country code top level domains:

1. The GAC reaffirmed its May resolution that the Internet naming system is a public resource and that the management of a TLD Registry must be in the public interest.

2. Accordingly, the GAC considers that no private intellectual or other property rights inhere to the TLD itself nor accrue to the delegated manager of the TLD as the result of such delegation.

3. The GAC also reaffirmed that the delegation of a ccTLD Registry is subject to the ultimate authority of the relevant public authority or government. The GAC discussed the development of best practices for the administration of ccTLDs and agreed to continue this discussion.

From the 2 November 1999 (Los Angeles) Communiqué:

The Governmental Advisory Committee (GAC) has had fruitful discussions around substantive issues relating to the usage of the Internet across the worldwide community and the administration of the country code top level domains:

* * *

B. With regard to principles for the delegation of management for country code top level domains:

The GAC continued its discussions of the principles regarding the delegation and management of ccTLDs. This matter will be further considered, taking into account the views expressed in open session by the ccTLD representatives. The GAC will continue its consideration of these issues.

The GAC welcomed the spirit and content of the open session with the ccTLD community and looks forward to further dialogue.

GAC Principles for Delegation and Administration of Country Code Top Level Domains (23 February 2000) [amended 5 April 2005]

From the 8 March 2000 (Cairo) Communiqué:

The Governmental Advisory Committee (GAC) has had fruitful discussions around substantive issues relating to the usage of the Internet across the worldwide community, ICANN activities, and the administration of the country code top level domains:

* * *

B. With regard to the delegation and administration of country code top level domains (ccTLDs):

The GAC Document "Principles for the Delegation and Administration of Country Code Top Level Domains" represents the views of the national governments, distinct economies and multinational governmental and treaty organisations that comprise the GAC. The text of the document is the result of careful consideration by the GAC, and stands as a whole.

The GAC engaged in a discussion with the ccTLD Constituency of the DNSO on issues concerning administration and delegation of ccTLDs. The GAC notes the invitation by the representatives of the ccTLD Constituency to participate in further constructive discussions regarding the framework for administration and delegation of ccTLDs, with a view towards providing advice to the ICANN Board by its next meeting in Yokohama.

The GAC welcomes this goal and believes that further discussions will be most productive after the ccTLD Constituency has agreed upon a unified text. The GAC also welcomes the efforts of the ccTLD community to develop best practices.

* * *

D. With regard to future workplans:

The GAC has identified areas of future consideration, including

  • issues in relation to ICANN's present documentation for the identification of current ccTLD administrators
  • * * *
  • further discussion on ISO 3166
  • * * *

From the 14 July 2000 (Yokohama) Communiqué:

The Governmental Advisory Committee (GAC) has had fruitful discussions around substantive issues relating to the usage of the Internet across the worldwide community, ICANN activities, and the administration of the country code top level domains:

* * *

C. With regard to the delegation and administration of country code top level domains (ccTLDs):

The GAC has had constructive discussions with the ccTLD Constituency of the DNSO. It is noted that there are many areas of common ground between the GAC and the ccTLD Constituency, however there are also a number of areas where further discussion should be undertaken.

The GAC reconfirmed its support for the GAC Document "Principles for the Delegation and Administration of Country Code Top Level Domains". The GAC noted in particular that while governments and public authorities need not be involved in day to day decision making, they exercise ultimate public policy authority, representing the interests of the people for which the ccTLD has been delegated.

In order to minimise prejudice (potential or otherwise) ICANN should not enter into any contractual arrangements with ccTLD administrators of ccTLDs for which redelegation requests are pending.

The GAC invites ICANN, as a first step, to write to the relevant governments and public authorities to ascertain their views concerning the current delegation for the ccTLDs that correspond to their jurisdictions.

The GAC advises ICANN not to enter into contracts with any ccTLD registries until they have received the relevant communication, as referred to above, from the relevant government or public authority.

Thereafter, the GAC encourages that any future contracts between ICANN and ccTLD administrators should reflect the administrators’ commitment to be bound by the GAC Principles (as they are implemented by the relevant government or public authority) and minimize the liability of ICANN for implementing a redelegation according to these principles.

With reference to the draft ccTLD Manager / ICANN Status Quo Agreement, the GAC:

  • notes that unfortunately, given the short time period for comments in preparation for Yokohama, the GAC has not had sufficient time to consider and comment on this matter;
  • notes that this is a discussion document from the ICANN staff and that ICANN will not act on this before full consultation; and
  • considers that the issues in this document need thorough discussion to take full account of the view of governments and public authorities and they will be examined by the GAC for consistency with the GAC Principles document, and notably the communication-based regime proposed by the GAC

From the 16 November 2000 (Marina del Rey) Communiqué:

The Governmental Advisory Committee (GAC) has had fruitful discussions around substantive issues relating to the usage of the Internet across the worldwide community ICANN activities, and top level domains:

* * *

B. With regard to the delegation and administration of country code top level domains:

The GAC reconfirms its support for the GAC document "Principles for the Delegation and Administration of Country Code Top Level Domains" (GAC ccTLD Principles Document), and welcomes the work of its Member Governments and Public Authorities in their implementation of the provisions of the GAC ccTLD Principles Document within their respective administrations. The GAC welcomes the draft letter from ICANN to governments and public authorities.

With regard to requests currently pending for the reassignment of administrative authority for the administration of ccTLDs, the GAC requests that ICANN provide advice concerning the process and associated timing issues in relation to the execution of requests for redelegation of ccTLDs.

From the 10 March 2001 (Melbourne) Communiqué:

B. With regard to issues relating to the delegation and administration of country code top level domains (ccTLDs) that:

The GAC had a constructive, open and useful dialogue with the ccTLD Constituency of the Domain Name Supporting Organisation (DNSO), and the ICANN Board and staff, on issues relating to the delegation and administration of ccTLDs.

The GAC reaffirms its commitment to the appropriateness of a three-party communications regime among ICANN, the relevant government or public authority and the ccTLD administrator, as provided for in the GAC document “Principles for the Delegation and Administration of Country Code Top Level Domains” (the GAC Principles). The GAC considers that such a three-party regime should be the goal of relationships between ICANN and ccTLD administrators, and GAC members will take steps to facilitate implementation of the GAC Principles.

Meanwhile, should ICANN and the ccTLD administrator envisage entering into bilateral (“legacy”) agreements, such agreements should be provisional and interim in nature, pending appropriate expression by the relevant government or public authority for participation in a tri-partite regime.

Any bilateral agreements should contain provisions for early termination should a tri-partite communications regime be reached within the term of such an agreement.

There should be no such bilateral agreements in the following three cases:

  • with administrators of ccTLDs for which redelegation requests are pending;
  • in instances where the relevant government or public authority has advised ICANN that it is taking steps to implement a tri-partite regime; or
  • where the ccTLD administrator is not within the jurisdiction of the relevant government or public authority, unless the relevant government or public authority is comfortable with such an arrangement.

In drafting and negotiating agreements with ccTLD administrators, the GAC hopes that ICANN will have regard to standard commercial practice for private international legal agreements in the country or territory corresponding to the ccTLD.

From the 3 June 2001 (Stockholm) Communiqué:

ccTLDs

The GAC thanks the representatives of the ccTLD Constituency for their participation and welcomed the opportunity for further discussion regarding the delegation, re-delegation and administration of country code top level domains. The GAC and the ccTLD constituency have agreed to work together in matters associated with progressing outreach activities. The GAC noted its request to ICANN to send the ICANN letter to Governments and public authorities regarding ccTLD managers.

From the 9 September 2001 (Montevideo) Communiqué:

GAC Principles

The GAC appreciates that ICANN is using the GAC Principles for the Delegation and Administration of Country Code Top Level Domains as a useful guide in matters associated with agreements between ICANN and ccTLDs.

* * *

ccTLD Constituency

The GAC thanks the representatives of the ccTLD Constituency for their participation and welcomed the opportunity for discussion on matters associated with their proposed formation of the Country Code Supporting Organisation.

GAC Principles and Guidelines for the Delegation and Administration of Country Code Top Level Domains [PDF, 101 KB] (5 April 2005)


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