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Questions to and Answers from Applicant for .nom




ICANN Questions:

ICANN is in the process of reviewing CORE's TLD Application. As outlined in the October 23, 2000 TLD Application Review Update which appears at http://www.icann.org/tlds/tld-review-update-23oct00.htm, ICANN may "gather the additional information [it] require[s] by posing specific questions to applicants in e-mail and requesting a written response."

Keeping in mind the goal to evaluate applications to operate or sponsor new TLDs in as open and transparent a manner as possible, both the questions posed by ICANN and the Applicant's responses will be publicly disclosed on the ICANN website.

Accordingly, ICANN requests your reponses to the following questions:

1. Identify and summarize Applicant's assumptions with respect to the existence of other general purpose TLDs in determining the total number of registrations in your application.

2. State in detail your position as it relates to possible legal claims by certain applicants and/or non-applicant third parties based on alleged trademark, patent or other violations of purported rights in the TLDs identified in your application.

3. If you receive a new TLD, state whether you will indemnify ICANN for claims arising from legal challenges regarding your right to operate the new TLD. If you will indemnify ICANN, identify and describe in detail the resources you propose to utilize for the indemnification.

4. Identify and describe in detail your estimated SRS availability.

5. Identify and describe in detail the SRS service level to which you are willing to contractually commit.

6. Identify and describe in detail the your average and worst case transaction time for post to confirmation of acceptance.

7. Identify and describe in detail the service level to which you are willing to contractually commit for post to confirmation of acceptance.

CORE Responses:

1. Our projections described in http://www.icann.org/tlds/nom1/CORE-NOM-D-RO-Projections-Expected.htm, http://www.icann.org/tlds/nom1/CORE-NOM-D-RO-Projections-High.htm and http://www.icann.org/tlds/nom1/CORE-NOM-D-RO-Projections-Low.htm are based on the assumption that ICANN would launch between 6 and 10 new TLDs, at least one of which would be a new generic TLD existing alongside CORE's .nom (which is a restricted TLD).

Under this hypothesis, we assume that the "Expected" volumes have a 50% likelihood to be exceeded and a 50% likelihood not to be reached.

Any given generic or restricted new TLD might have some effect on .nom. We believe that the "high" (10% chance to exceed) and "low" (90% chance to exceed) projections do justice to most possible combinations of those variables - even to the case of several new unrestricted generic TLDs existing alongside the restricted personal .nom.

In the event that another *restricted personal TLD* were to be launched at the same time as .nom, we believe that this could affect volumes initially. However, as the availability of alternatives also has a promotional effect, there could also be upward pressure. In statistical terms, the existence of direct alternatives would probably increase the variance of the probability distribution without necessarily affecting the mean.

2. CORE has been chartered on the basis of a series of principles specifically related to TLDs:

(a) the Level Domain (TLD) name space is a public resource and is subject to the public trust;

(b) any administration, use and/or evolution of the Internet TLD space is a public policy issue and should be carried out in the interests and service of the public.

CORE's position is that nobody can make a valid claim to a "right" in a TLD, be it on the basis of patent, trademark or other legislation. CORE has demonstrated that it is prepared to successfully defend this view in court. By the same token, CORE does not claim any rights to be held by CORE in .nom, for which it currently applies with ICANN, nor in any other TLD CORE has endeavoured to be entrusted with.

3. If ICANN entrusts CORE with the adminstration of the .nom TLD, CORE will indemnify ICANN against claims of third parties based on alleged trademark, patent or other violations of purported rights in the .nom TLD. As CORE has been able to demonstrate when litigation was brought against it by a party claiming to own .web, CORE has access to adequate financial resources and legal competencies to defeat such a claim in court. (See http://www.icann.org/tlds/correspondence/iod-v-core-22jun00.htm .)

CORE feels that it would inappropriate to constitute and announce ex ante a legal "war chest" financial reserve because this could lead to miscalulations by potential claimants. CORE's mechanism of cost-recovery funding from the membership has demonstrated its viability over the three years of its existence.

4. Expected availability specification:

The systems are deemed available as long as the expected response time specification (see response to third question in this set, further below) is met.

CORE expects its systems SRS back-end to be available on a 24x7 basis at a rate of at least 99 percent except for previously announced maintenance. Under normal circumstances, planned maintenance should not exceed 8 hours for a given instance and normally account for less than 1 hour per week. Planned maintenance is announced by electronic mail at least two weekdays prior to its start.

As CORE's whois servers will be updated within 30 seconds after the back-end database, the whois servers are available for check queries. CORE expects to have at least two separate whois servers in operation on a 24x7 basis, each of which is expected to be fully available at a rate of at least 95 percent except for previously announced maintenance. Moreover, based on recent experience, complex whois queries (requesting potentially long lists of domains or contacts) will be throttled or handled on separate machines in order to ensure uninterrupted availability for standard whois requests.

5. CORE is largely able to commit to the expected availability specification stated above largely within the budgets shown in most economical variant of its financial projections for .nom (see http://www.icann.org/tlds/nom1/CORE-NOM-D-RO-Projections-Expected.htm ). Note: As a member-funded organisation, CORE makes its decisions by consensus. This principle applies to service level specifications and the associated budget implications in the same fashion as it does to architectural options.

6. Expected response time specification:

Based on the experience with its existing installation, CORE expects to achieve at least the following response-time features for the future registry SRS within the budget shown in the financial projections. (These figures are currently being met by CORE the existing SRS handling over 900,000 domains and having to deal with the additional complexity of mirroring data with the VGRS/NSI registry through the RRP protocol.)

For SRS back end update and inquire requests, the CORE expects the average round-trip response time to remain at less than to 1 second for 95 percent of the requests measured over one calendar month. (Note: in the current CORE SRS, this includes an additional round trip between CORE and the VGRS registry through a single serialised link. As this would not be the case in the .nom registry, the response time would at least be cut in half. The system can accept multiple requests at the same time and relies on queuing mechanisms at various stages within the SRS. The response time is therefore strongly influenced by the read frequency of the SRS. The setting of these parameters is a matter of policy and not of performance. As CORE is an association of registrars, the setting of system parameters is decided by consensus amongst registrars using the system.

As far as check transactions are concerned, CORE currently updates its whois server within 30 seconds after the master database. The registry SRS is expected to have several whois servers updated in the same fashion. As a result, the SRS itself is not saddled with domain check requests and several whois servers are available for these transactions. For each machine, the response time should be below 1 second for 95 per cent of single-domain whois queries.

As discussed under D15.2.3. in the .nom Registry Operator's Proposal, (see http://www.icann.org/tlds/nom1/CORE-NOM-D-RO-Proposal-100.htm#_Toc494908619 ), the CORE SRS performance measurements are not appropriate for comparison with RRP performance measurements because of the fundamental differences in architecture.

As described above, the CORE SRS is based on internal queues which are currently read once per second. This implies a parameter-controlled floor of the response time of currently .5 seconds. This parameter can of course be changed, although this has not been requested up to now. The read process picks up multiple requests, so that several transactions can be executed in the same one-second interval.

In case a transaction cannot be completed, it is queued until it can be executed. The "worst" transaction time is not artificially limited by way of a time-out parameter. However, experience with CORE's current hardware set-up shows times as remaining consistently below 1 second, including the additional serialised round trip between CORE and VGRS, a detour not needed when the SRS acts as a registry.

7. Given the conservative nature of the expected response time specification stated above, CORE is able to commit to that specification largely within the budgets shown in most economical variant of its financial projections for .nom (see http://www.icann.org/tlds/nom1/CORE-NOM-D-RO-Projections-Expected.htm ).

Note: As a member-funded organisation, CORE makes its decisions by consensus among members. This principle applies to service level specifications and the associated budget implications in the same fashion as it does to architectural options.

CORE expects to develop a more distinctive service level specification by member consensus. This may have budget or architectural implications, or it may call for incentives for members to avoid unnecessary performance- threatening practices.


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