Description of TLD Policies |
Submitted by: Dubai
Technology, Electronic Commerce and I. GENERAL TLD POLICIESE.1 General OverviewIn
the initial stages of the establishment of the proposed new TLDs, DTEC-MFZA
intends to work as closely as possible with ICANN in all policy-making matters.
DTEC-MFZA recognizes the extensive experience that ICANN has both in
policy formulation and policy implementation processes and wishes to be able to
benefit from ICANN’s experience in these areas. As
discussed more fully below, DTEC-MFZA intends to formulate policies based in
very significant part on existing ICANN policies, recognizing the rigorous
processes that were employed in their development and the widely-acknowledged
success of their implementation. E2.
TLD String The
present application concerns two TLD strings: <.go> Hereinafter,
except where the context so requires, the foregoing shall be collectively
referred to as the New TLDs. DTEC-MFZA
has exercised its best efforts to ensure that neither of the New TLDs is
duplicative or in conflict with any other existing or otherwise reserved TLDs,
or that they would lead to confusion. It
is to be noted that there is currently no ISO 3166 country code digraph for
the Emirate of Dubai. E3. Naming ConventionsAt
present, DTEC-MFZA intends to employ a naming convention and structure within
the above TLDs that only allows for names to be registered at the second level
directly under each new TLD. For example:
<dubaiinternetcity.go>
<dubaiinternetcity.dubai>
However,
with the benefit of experience, DTEC-MFZA may consider in the future allowing
for sub‑domains to be registered, subject to further consultations and
agreement with ICANN.
E4. Registrars
DTEC-MFZA
proposes to allow any ICANN-accredited registrar to register <.go>
domain names. DTEC-MFZA has
thoroughly reviewed ICANN’s registrar accreditation requirements and
considers that these requirements both support and promote the objectives
underlying the New TLDs. DTEC-MFZA
thus intends to implement those requirements at a minimum in evaluating
accreditation requests by registrars for the <.go> TLD.
DTEC-MFZA
intends to supplement its accreditation procedures by introducing contractual
and administrative procedures that would allow it to verify that accredited
registrars are in compliance with the terms and conditions of the
accreditation (e.g., whether the
registrar is processing registration requests in accordance with the
established registration criteria and procedures, whether the registrar is
acting in accordance with the procedures established for resolving domain name
registration conflicts). However,
because of the restrictions relating to registrations in the <.dubai>
TLD, DTEC-MFZA proposes that initially the registration of <.dubai>
domains would only be through the Dubai Internet Domains Registration
Authority (DIDRA). The
respective roles and responsibilities of accredited registrars and the
Registry shall be as set out variously in the following documents: ·
Statement
of Registrar Accreditation Policy (adopted ·
Registrar
Accreditation Agreement (approved November 4, 1999); ·
NSI-Registrar
License and Agreement (approved ·
ICANN-NSI
Registry Agreement (approved November 4, 1999 and signed November 10, 1999). As
the Registry, DIDRA (together with Network Solutions Inc.(VeriSign Global
Registry Services)) will accept registrations and registration service
requests from all accredited, licensed registrars, while protecting the
integrity of registrations from unauthorized access and interference by third
parties. Every new domain name application will be checked to ensure that the
domain name is not already registered. This
function demands exceptional speed and accuracy to confirm registrations
definitively and to arbitrate near-simultaneous requests for the same domain
name. In addition, DIDRA will play a partnership role with
accredited registrars in screening <.go> domain name applications. Domain
name registrations and name servers, including domain name, name servers, IP
address, registrar name, transfer date, registration period, expiration date,
status, registration creation date, created by, updated date, and updated by
information will be maintained by DIDRA/VeriSign, which shall be the
authoritative source for the TLD zone file content (i.e., domain name, name
server, and associated IP address). The
registrar of the particular domain name or name server will be responsible for
maintaining all other customer data. This
is in order to protect customer privacy, give greater flexibility to
registrars and allow them to determine their business models. DTEC-MFZA will
have a formal contractual relationship with each individual registrar
accredited for registering domain names in their new TLD.
This is commonly referred to as a “thin” registry model. Registration
of a domain name or name server in the Registry database does not
automatically create entries in the Internet DNS. For this to occur, a zone
file associating all registered domain names with their corresponding IP
addresses is generated and exported to the DNS root servers for the TLD.
DIDRA/VeriSign will operate and maintain distributed root servers to
which the zone file is exported and from which the domain name information is
disseminated to the Internet community.
To
enable close to 100% Registry availability, multiple database servers will
be used, with off-site backup to protect against catastrophic data loss.
Redundancy will be in place at almost every level within the Registry
to ensure high-availability of the systems and applications for the
registrars. SRS
is the Registry architecture and processes used to enable registrations by
multiple registrars. It includes the Registry Registrar Protocol (RRP), which is
used to support communications between the Registry and Registrars, and
provides the security and authentication functions to protect the Registry
database while supporting all necessary registrar operations.
RRP is also used during the certification process for accredited
registrars for operational testing and evaluation of registrar implementations
of the RRP prior to commencement of actual registrar operations.
DIDRA/VeriSign will be responsible for providing the RRP software
interfaces, documentation, and training to accredited registrars for the
<.go> TLD. Hands-on
technical support to new registrars will be available from DIDRA/VeriSign to
assist them in resolving difficulties in successful interfacing with the
Registry. In
sum: DTEC-MFZA will establish the
<.go> registration policies, DIDRA/VeriSign will implement the
infrastructure for the <.go> policies, and accredited registrars will
give effect to those policies. E5. Intellectual Property ProvisionsE5.1. What measures will be taken to discourage registration of domain names that infringe intellectual property rights? DTEC-MFZA intends to implement an infrastructure that is as comprehensive as possible to discourage registration of domain names that infringe established intellectual property rights. This infrastructure will be based on the inter-marriage of properly promulgated regulations for Dubai Internet City, sound policy, rigorous implementation of those regulations and policies, co-operation agreements and partnering relationships with national trademark and copyright offices and state-of-the-art technical tools. q
Promulgation
of Laws and Regulations; q
Accreditation
policies; q
Fee
set at a level to discourage dilatory non-serious applications; q
Stringent
registration criteria; q
Rigorous
application screening criteria; q
Trademark
checks in cooperation with national authorities; q
Creation
and maintenance of an intelligent database for the purpose of maintaining
a record of rejected applications, terminated registrations, and other
information to assist in cross-checking applications; q
On
going web site verification; q
Upon
application by a third-party alleging an infringement of its rights,
immediate non-binding action regarding the potentially infringing site; q
Criteria
and procedures for the exclusion of so-called famous and well-known marks,
consistent with the evolution of ICANN policy-making process and policy
concerning this issue; q
Registration/service
agreement clauses providing that an infringement of established
intellectual property rights shall be considered a fundamental breach of
the terms and conditions of the agreement; q
Dispute
resolution policies allowing for the award of monetary damages. E5.2. If pre‑screening for potentially infringing registrations is being proposed, how will the pre‑screening be performed? As
discussed below, domain name applicants will be required to provide
information, and perhaps documentary support, establishing prima facie their
right to the domain name that is the subject of the application.
DTEC-MFZA
is considering two types of pre-screening.
The first method would entail “character mapping”, whereby the
second-level domain character string would be mapped against an existing
database. Applications that, for
example, mapped against an existing name, or portion thereof, would be
subjected to a higher level of scrutiny and evidentiary burden.
The second method would entail a longer-term project of co-operation
agreements and partnering relationships with national trademark authorities
and involvement in initiatives that DTEC-MFZA is aware of that are underway at
the World Intellectual Property Organization and within the European Union.
E5.3. What registration practices will be employed to minimize abusive registrations? Because
of the rationale underlying the New TLDs, DTEC-MFZA intends to put in place
rigorous registration procedures and criteria, to be implemented in
partnership with accredited registrars. While
dispute resolution policies will be available at the back-end to deal with
abusive registrations in the same manner as is currently possible through the
infrastructure of the Uniform Domain
Name Dispute Resolution Policy, front-end measures (generally analogous to
the manner in which applications for credit cards are processed) that are
being considered include: q
A
statement of justification by the applicant of its right to register and
use the domain name applied for (e.g., submission of a trademark or
servicemark certificate, the nexus between the applicant’s personal or
tradename and the name applied for, evidence of registration of the same
name in another TLD); q
A
description of the purpose for which the related web site that will
eventually be established will be used; q
A
projected date by which that site will be activated; q
Information
regarding the hosting location of the site, for purposes of security
evaluation. The
above criteria are in addition to those that ICANN currently requires
registrars to include in their registration/service agreements. Applicants
will be required to submit the registration details for review and to
submit the required payment. If
all registration requirements are satisfied, the application will be
provisionally approved. An
alternative outcome might be that the applicant is requested for
additional information, before the registration is accepted. DTEC-MFZA
intends to set the fees for domain name registrations at a level that will
discourage abusive registrations. E5.4. What measures are proposed to comply with applicable trademark and anti‑cybersquatting legislation? As
yet, there is no legislation in force in the Dubai Technology, Electronic
Commerce and Free Zone with respect to intellectual property protection.
However, it is to be re-emphasized that, Article 8 of Law No. 1 of 2000
provides that among the objectives of DTEC-MFZA shall be: “To
prepare researches and advise the Government [of Dubai] in relation to laws
appropriate to the regulation and encouragement of Technology, Electronic
Commerce and Media in the Emirate, including but not limited to
1 -
[…]
2 -
protection of intellectual property rights.
[…] “ DTEC-MFZA
is keenly aware of the importance of intellectual property protection and
safeguard measures. Notwithstanding
the present application, DTEC-MFZA has sponsored a major initiative involving
international legal experts to develop a comprehensive set of laws and
regulations for the Free Zone. The
expert group includes international intellectual property experts, who will be
working closely with intellectual property constituencies and associations to
develop legislation to give effect to the mandate contained in Article 8 of
Law No. 1 of 2000. The group will also be studying legislation already adopted
in countries such as Belgium and the United States with a view towards
assessing the applicability thereof for the Free Zone. It
is to be expected that the registration policies, criteria and procedures for
the New TLDs will be consistent and in full compliance with the relevant laws
adopted for the Free Zone. E5.5. Are you proposing any special protections (other than during the start‑up period) for famous trademarks? DTEC-MFZA
is aware that the issue of famous and well-known marks is currently being
studied and debated within ICANN forums and has followed the process that led
to the recommendations reflected in the Final Report of the WIPO Internet
Domain Name Process. DTEC-MFZA
does not wish to propose policies or implementation measures concerning an
issue and in an environment which is still not yet settled, but will await the
outcome of the ICANN process before taking steps in this area.
Consistent with its overall approach, DTEC-MFZA expects that, in all
likelihood, it will follow the policies for famous and well-known marks
adopted by ICANN. It
is perhaps appropriate to note that, in the context of its screening
operations, DTEC-MFZA has considered the possibility of establishing a minimal
list of marks that could conservatively be considered “famous and
well-known”; this would not be exclusive and mark holders could be added to
the list on a fee-paying basis. Web
sites and associated domain names would be screened in relation to that list.
Furthermore, registration requests involving a domain name that
reflected all or any part of a name appearing on the list would be flagged for
special consideration. E5.6. How will complete, up‑to‑date, reliable, and conveniently provided Whois data be maintained, updated, and accessed concerning registrations in the TLD? As
Registry Operator, DIDRA will have primary overall responsibility for the
Whois database. However, it
should be noted that DTEC-MFZA has entered into a teaming relationship with
Network Solutions Inc. (VeriSign Global registry Services), pursuant to which
VeriSign will design, deploy and support an onsite registry infrastructure and
provide critical monitoring and management services.
It is expected that until DIDRA takes over the full registry function,
that the Whois data compilation and database creation, organization and
maintenance will be done by VeriSign. It
is anticipated that the Whois information and services currently available for
existing open gTLDs will also be available for the New TLDs. Domain
name registrations and name servers, including domain name, name servers, IP
address, registrar name, transfer date, registration period, expiration date,
status, registration creation date, created by, updated date and updated by
information will be maintained by DIDRA/VeriSign; the authoritative source for
the TLD zone file content, that is, domain name, name server, and associated
IP address. The
registrar of a particular domain name or name server will maintain all other
customer data in order to ensure customer privacy and to maintain the current
flexibility enjoyed by ICANN-accredited registrars.
DTEC-MFZA will have a formal contractual relationship with each
individual registrar accredited to register domain names in the New TLD
<.go>. In accordance with the terms and conditions set out in the
agreement, registrars will be required to provide all required Whois
information in the same way as is currently required of ICANN-accredited
registrars. E6. Dispute ResolutionDTEC-MFZA
recognizes that regardless of the safeguards that are put in place to
minimize the risk of improper and abusive (not just in the
trademark/service mark sense) registrations, that undermine the integrity,
reliability, safety and soundness of the Domain Name System, situations
will arise requiring the involvement of an impartial and independent
third-party neutral to resolve conflicts.
TEC-MFZA
has carefully followed from the very outset the process that ultimately
led to ICANN’s adoption of the Uniform Domain Name Dispute Resolution
Policy. It has also observed
and studied the implementation of the UDRP, as reflected in the decisions
of administrative panels and in the many commentaries that have been
published (on-line and off-line) assessing the effectiveness of the UDRP. DTEC-MFZA
believes that the UDRP administrative procedure provides a sound model for
domain name dispute resolution. However,
DTEC-MFZA believes that certain procedural modifications, such as those
recently discussed at a meeting convened by ICANN of approved dispute
resolution providers, could be made to expedite the process and to
introduce additional safeguards to protect the interests of the parties As
DTEC-MFZA contemplates that the procedural amendments would be developed
in consultation with ICANN and to ensure consistency with the UDRP, the
dispute resolution procedure for the New TLDs could be used as a testing
ground for future modifications to the UDRP. E7. Data Privacy, Escrow, and WhoisSee
generally, Item E.5.6. All
policies will be consistent with those set out in the following documents: ·
Registrar
Accreditation Agreement (approved November 4, 1999); ·
ICANN-NSI
Registry Agreement (approved November 4, 1999, signed November 10, 1999); ·
NSI-Registrar
License and Agreement (approved November 9, 2000). E8. Billing and Collection Generally
consistent with the relevant policies (e.g., pre-payment of registration
fees) set out in the following documents: ·
Registrar
Accreditation Agreement (approved November 4, 1999); ·
NSI-Registrar
License and Agreement (approved November 9, 2000). E9. Services and Pricing
See
generally, Registry Operator Proposal, Section 13.2. II. REGISTRATION POLICIES DURING THE START‑UP PERIODE11. In this section, you should thoroughly describe all policies (including implementation details) that you propose to follow during the start‑up phase of registrations in the TLD, to the extent they differ from the General TLD Policies covered in items E1‑E9. See
generally preceding sections. It
is worth mentioning that no policies can be finalized until fully tested
with real world experience. In
DTEC-MFZA’s view, it would be both prudent and cautious to rely largely
on the policies already adopted by ICANN, with minimal deviations
initially, simply because that policy infrastructure has been tried and
tested. The supplementary
policies proposed by DTEC-MFZA could thus easily be filtered into the
existing framework without undue disruption. E12. How do you propose to address the potential rush for registration at the initial opening of the TLD? How many requested registrations do you project will be received by the registry operator within the first day, week, month, and quarter? What period do you believe should be considered the TLD's "start‑up period," during which special procedures should apply? As
will be apparent, what DTEC-MFZA is proposing with the introduction of the
New TLDs is not a mass registration model, but rather one that entails
up-front prudence and care in registration with resulting long-term
benefits for all <.go> and <.dubai> domain name registrants. DTEC-MFZA
anticipates that, with the significant resources at its disposal, and by
virtue of its alliance with Network Solutions Inc. (VeriSign Global
Registry Services), it will have the technical, operational and
administrative infrastructure required to meet the demand for the New TLDs. It
is difficult to project with any sufficient degree of accuracy what the
demand will be in a new open TLD, such as <.go>; the numbers will be
only in the few thousands for <.dubai>.
Suffice it say that, if the basic premises underlying the
value-added of <.go> are accepted, registration volumes
approximating the registrations in the <.com> TLD can be expected. DTEC-MFZA
is giving consideration to a number of options for regulating the influx
of registration requests, including restricting for a test-bed phase of
6-9 months the number of registrars to only those that can meet
DTEC-MFZA’s exacting standards at the “go-live” date and/or
regulating the number of registrations. E13. Do you propose to place limits on the number of registrations per registrant? Per registrar? If so, how will these limits be implemented? See
preceding section. E14.
Will pricing mechanisms be used to dampen a rush for registration
at the initial opening of the TLD? If so, please describe these mechanisms
in detail. As
set out more fully in the Registry Operator’s Proposal and in Item E.9
above, because of the “premium” character of the New TLDs, the pricing
structure should impact the demand for registrations.
One
idea that DTEC-MFZA has considered in order to create a preference for
“famous and well known” mark holders is to set initially a
registration price that only such mark holders would be willing to pay. E15. Will you offer any "sunrise period" in which certain potential registrants are offered the opportunity to register before registration is open to the general public? If so, to whom will this opportunity be offered (those with famous marks, registered trademarks, second‑level domains in other TLDs, pre‑registrations of some sort, etc.)? How will you implement this? DTEC-MFZA
is aware of the various proposals that have been raised regarding
“sunrises” and is continuing to study and evaluate them.
As mentioned above, DTEC-MFZA is considering implementing such a
period whereby
famous mark holders, registered trademark holders, second‑level
domain registrants in other TLDs could benefit from a “first right of
refusal”. Such a period
would also allow DIDRA an opportunity to perfect its registration criteria
and procedures. In
implementing the foregoing, the following proposals are being considered: q
Inviting
the top companies listed on national stock exchanges or included in
tracking indexes to be the first to register; q
Differentiated
premium pricing; q
Detailed
eligibility criteria and evidentiary requirements; Applicants
that do not meet the eligibility criteria would enter a queue for
second-stage screening. III. REGISTRATION RESTRICTIONS E16.
As noted in the New TLD Application Process Overview, a
restricted TLD is one with enforced restrictions on (1) who may apply for
a registration within the domain, (2) what uses may be made of those
registrations, or (3) both. In this section, please describe in detail the
restrictions you propose to apply to the TLD. Your description should
define the criteria to be employed, the manner in which you propose they
be enforced, and the consequences of violation of the restrictions.
E17.
Describe in detail the criteria for registration in the TLD.
Provide a full explanation of the reasoning behind the specific policies
chosen. The
purpose behind the proposed <.dubai> restricted TLD may be
characterized as encompassing all of the requirements for <.go> and,
in addition, the requirement of a nexus between the applicant/domain name
holder and activities being carried out in or with or arising out of or
relating to the Emirate of Dubai or Dubai Internet City.
E18.
Describe the application process for potential registrants in the
TLD. The application process will be the same as for <.go>, with certain additional requirements relating to the requirements of a Dubai nexus.
E19. Describe the enforcement procedures and mechanisms for ensuring registrants meet the registration requirements Generally
speaking, applications will be processed with reference to the commercial
registries and other civil identification information available in
Dubai’s public infrastructure.
E20.
Describe any appeal process from denial of registration
one
yet established, although mechanisms are available through traditional
legal channels within the Dubai Court System. E21.
Describe any procedure that permits third parties to seek
cancellation of a TLD registration for failure to comply with restrictions.
None yet established. IV. CONTEXT OF THE TLD WITHIN THE DNS (E22-27)DTEC-MFZA
does not intend to use this application for a discourse on the importance
of the domain name system for the phenomenal growth of the Internet.
Suffice it to say that, in large part, the Internet has grown
because of the ease with which it has been possible to register a domain
name and thereby establish an on-line identity.
This has resulted in remarkable benefits for the global community:
e-commerce, social and cultural interchange, information
dissemination, to mention a few. At
the same time, this has also led to gross abuses of the Internet: child pornography, financial fraud, trademark and copyright
abuse, again, to mention only a few. IN
DTEC-MFZA’s humble opinion, what is required now is the introduction in
the DNS of what may be characterized as a “next generation” open TLD
that does not directly compete with the existing gTLDs, but rather that
offers the on-line community a viable alternative by virtue of the fact
that it represent reliability, integrity, safety and soundness based on
the following principles: (i)
The implementation of sound registrar accreditation policies based
on the criteria and policies established by ICANN; (ii)
The on-going verification of accredited registrars to ensure
compliance with the terms and conditions of the accreditation; (iii)
The development of registration criteria intended to reflect the
above goals; (iv)
The rigorous implementation by registrars of those registration
criteria; (vi)
The introduction of fair and balanced measures to safeguard
intellectual property rights; (vi)
On-going monitoring to ensure that the second-level domain is being
used in a manner consistent with the representations made at the time of
application; (vii)
Cost-effective, expeditious, fair, balanced, neutral and
transparent conflict resolution procedures. A
TLD based on the foregoing principles would contribute in fundamental and
significant ways to promoting confidence in Internet-based commerce, and
the overall utility of the Internet as a medium of interaction and
exchange. Because
of the value-concept underlying the <.go> TLD, registrars accredited
to register <.go> domain names would be offering a “premium”
service. Such registrars, in
addition to competing on price, would also be competing on the basis of
their effectiveness in implementing the registration criteria and
procedures established by DTEC-MFZA. V. VALUE OF PROPOSAL AS A PROOF OF CONCEPT E29. What concepts are likely to be proved/disproved by evaluation of the introduction of this TLD in the manner you propose? q
Whether
there is a demand for a new open top-level domain that provides a viable
alternative to <.com>; q
Whether
it is possible to put in place a technical, operational and administrative
infrastructure that is ambitious, expeditious, cost-effective and not
overly bureaucratic and that at the same time implements safeguards to
ensure a clean, uncluttered and efficient TLD. E30. How do you propose that the results of the introduction should be evaluated? By what criteria should the success or lack of success of the TLD be evaluated? Through
an independent verification/audit of the registration process according to
the following criteria, inter alia: q
Number
of registration applications received; q
Number
of correctly completed applications; q
Screening
time; q
Response
time to applicant; q
Screening
errors; q
Overhead
costs per application; q
General
revenue model; q
Technical
capabilities and infrastructure. E31. In what way would the results of the evaluation assist in the long-range management of the DNS? The
above factors will be generally relevant in allowing ICANN to better
evaluate the feasibility of introducing more demanding registration
criteria in order to minimize, in the future, replication of the problems
that currently afflict the <.com> space (and to a lesser extent
<.org> and <.net>).
DTEC-MFZA
would urge that ICANN take into account: q
The
significant human and financial and resources that DTEC-MFZA is willing to
dedicate to the success of this project; q
Its
commitment to the betterment of the Domain Name System; q
Its
contribution and role in the cyber-world of today and tomorrow, as shown
already by the establishment of the Dubai Technology, Electronic Commerce
and Media Free Zone Authority, Dubai Internet City, Dubai Media City and
Dubai Incubator Oasis; and q
The
region, people, culture and traditions it represents. If
anything, the New TLDs offer the Internet community an opportunity for a
unique testing ground to put in place policies and best practices “if we
had to do it all over again.” By
signing this application through its representative, the Applicant attests
that the information contained in this Description of TLD Policies, and
all referenced supporting documents, are true and accurate to the best of
Applicant's knowledge. Dubai
on the 28th day of September in the year 2000. _______________________________ Signature
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2000 -DTEC & MFZA -DiDRA-LOK |