ESTABLISHMENT OF A MEMORANDUM OF UNDERSTANDING ON THE GENERIC TOP LEVEL DOMAIN NAME SPACE OF THE INTERNET DOMAIN NAME SYSTEM (gTLD-MoU)

The Internet Community (1997)

Considering,

that the Internet Domain Name System (DNS) was designed for locating machines on the Internet by mapping between human-friendly mnemonic names and their underlying (IP) addresses;


that the DNS is an essential component of the Internet's operational infrastructure and that for operational efficiency of the DNS and protection of the interests of current and future users of the Internet domain name space, DNS names need to be created, managed and administered in a fair, stable, systematic and equitable method.

that the growth of the Internet has produced a requirement for enhanced DNS assignment and management procedures;


that the management and administration of the DNS raises significant public policy issues that include, inter alia, appropriate and equitable allocation of global name resources, market supply and access to DNS registration services, and intellectual property concerns;


that these issues require significant improvements to the administration and management of the DNS.

the unique characteristics of the Internet and the dynamics of its rapid decision-making processes that have facilitated its development;


the responsibilities that the Internet Assigned Numbers Authority (IANA), the Internet Society (ISOC), and other related Internet administrative bodies, according to their respective roles and competencies, have in creation and administration of the DNS;


that, at the initiative of the Internet Society, and at the request of the Internet Assigned Numbers Authority (IANA), the International Ad Hoc Committee (IAHC) was formed and tasked with developing recommendations for enhancements to the administration and management of Internet Top Level Domains.

that there is a need to institute enhancements in the management and administration of the DNS, particularly related to global name resources, i.e., the generic Top Level Domain (gTLD) name space;


that the current and future Internet name space stakeholders can benefit most from a self-regulatory and market-oriented approach to gTLD name space registration services;


that this market-oriented approach to registration services for the gTLD name space should also provide for a global distribution of registrars;


that, for the gTLD name space, the most appropriate international policy framework would be the establishment of a self-regulatory structure under a voluntary Memorandum of Understanding (MoU);


that such a self-regulatory structure should be capable of evolving over time to accommodate changed circumstances;


that both public and private sector entities should be invited to voluntarily sign the MoU;


that the MoU provide for a policy oversight committee, comprised of individuals who are recognized as collectively knowledgeable and expert in the related issues, who shall provide the necessary public policy oversight functions following practices and norms applying to those serving a public trust function;


that the MoU have a formal mechanism for signatories, drawn from the widest possible range of Internet stakeholders, to advise the policy oversight committee on general policy matters relating to gTLDs and the DNS;


that the inclusion of a broad range of policy input, however, should not impede the ability of the self-governing structure to take timely decisions, having respect for the dynamics of the rapid decision-making processes that have facilitated Internet development;


that the Final Report of the International Ad Hoc Committee (IAHC), dated February 4, 1997, contains reasonable recommendations toward accomplishing these objectives.

that pursuant to the basic provisions of the Constitution of the International Telecommunication Union (ITU), the roles and functions of the ITU include:
• the maintenance and extension of international cooperation between all Member States and Sector Members of the Union for the improvement and rational use of telecommunications of all kinds;

• promotion of the development of technical facilities and their most efficient operation with a view to improving the efficiency of telecommunication services, increasing their usefulness and making them so far as possible generally available to the public;

• promotion of the extension of the benefits of the new telecommunication technologies to all the world's inhabitants.

Requests that the Secretary-General of the ITU,

circulate the gTLD-MoU to the relevant public and private sector entities with an invitation to sign, if they so wish;


act as the Depository of the gTLD-MoU and publish periodically an updated list of signatories;


facilitate further cooperation in the implementation of the gTLD-MoU, and;

the relevant public and private sector entities to sign the gTLD-MoU;


the Signatories to participate actively in its full implementation.

MEMORANDUM OF UNDERSTANDING ON THE GENERIC TOP LEVEL DOMAIN NAME SPACE OF THE INTERNET DOMAIN NAME SYSTEM (gTLD-MoU)

the Signatories to this Memorandum of Understanding ("gTLD-MoU") hereby agree to voluntarily cooperate, according to their respective roles and competencies, as follows.

The Signatories agree:

I. GENERAL

SECTION 1. - Definitions

the following definitions are used:

1. "Domain Name System" ("DNS") means the Internet naming system as defined in RFC 1591;

2. "Top Level Domain" ("TLD") means the highest level of domain name hierarchy as defined in RFC 1591;

3. "Second Level Domain" ("SLD") means the level of domain names immediately below the TLDs;

4. "Generic Top Level Domains" ("gTLDs") means the TLDs ".com", ".org", ".net" as defined in RFC 1591, and those TLDs established in or under the auspices of Signatories to this MoU;

5. "Registry" means those roles and activities involved in the administration of a TLD in the Domain Name System, and encompasses all of the services needed for assignment and maintenance of that TLD and its registrations;

6. "Registrar" means the entity which is authorized to enter and modify the Second Level Domain (SLD) data maintained by a Registry, in response to requests by entities seeking to be assigned a SLD;

7. "Council of Registrars" ("CORE") means the operational organization composed of authorized Registrars for managing allocations under gTLDs;

8. "CORE-gTLD" means any gTLD that is, at a given time, subject to the provisions of this MoU;

9. "CORE-MoU" is the Memorandum of Understanding which defines CORE-gTLDs and policies under which CORE must operate;

10. "Administrative Domain Name Challenge Panels" ("ACPs") means the panels established under this MoU to entertain challenges by third parties to the allocation of SLDs.

SECTION 2. - Principles

The following principles are adopted:

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

2. 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;

3. related public policy needs to balance and represent the interests of the current and future stakeholders in the Internet name space;

4. the current and future Internet name space stakeholders can benefit most from a self-regulatory and market-oriented approach to Internet domain name registration services;

5. registration services for the gTLD name space should provide for global distribution of registrars;

6. a policy shall be implemented that a second-level domain name in any of the CORE-gTLDs which is identical or closely similar to an alphanumeric string that, for the purposes of this policy, is deemed to be internationally known, and for which demonstrable intellectual property rights exist, may be held or used only by, or with the authorization of, the owner of such demonstrable intellectual property rights. Appropriate consideration shall be given to possible use of such a second-level domain name by a third party that, for the purposes of this policy, is deemed to have sufficient rights.

II. SELF-REGULATORY FRAMEWORK

SECTION 3. - Bodies Relating To or Established Under this MoU

The self-regulatory framework under this MoU shall consist of:

• the Depository of the gTLD-MoU
• a gTLD Policy Advisory Body (PAB)
• a gTLD Policy Oversight Committee (POC)
• a Council of Registrars (CORE)
• Administrative Domain Name Challenge Panels (ACPs)

SECTION 4. - Depository

The Parties agree that the depository of this instrument shall be the Secretary-General of the International Telecommunication Union (ITU). The role of the Depository includes:

1. circulation of this MoU to relevant public and private sector entities representing a broad range of interests in the Internet gTLD name space including, inter alia, relevant Internet-related organizations and bodies, software publishers, operators and service providers, intergovernmental organizations, governmental or regional agencies and authorities, non-governmental organizations and manufacturers, with an invitation to sign, if they so wish;

2. to maintain and publish periodically an updated list of Signatories;

3. to facilitate further cooperation in the implementation of this MoU.

Signatories may sign at the invitation of the Depository or the gTLD Policy Oversight Committee (see Section 6).

SECTION 5. - gTLD Policy Advisory Body (PAB)

1. Signatories to this MoU may choose to voluntarily participate in a gTLD Policy Advisory Body (PAB) that periodically meets either in person or on-line.

2. The role of the Policy Advisory Body is to make recommendations to the Policy Oversight Committee (see Section 6) regarding general policy matters relating to gTLDs and the DNS and to advise the Policy Oversight Committee with respect to amendments to this MoU and the CORE-MoU.

3. The PAB shall apply rough consensus modes for determining its recommendations to the POC.

SECTION 6. - gTLD Policy Oversight Committee (POC)

1. A committee will be established to conduct oversight of CORE and CORE-gTLDs and to set policies for CORE and its Registrars consistent with this MoU, to be comprised of individuals and experts who are recognized as collectively knowledgeable and expert in the related issues in order to provide the necessary policy oversight functions.

2. This committee is the gTLD Policy Oversight Committee (POC) and follows practices and norms applying to those serving a public trust function.

3. No decisions of the POC shall be made unless a quorum of at least 67% of members are available or represented by proxy; decisions of the POC shall require a majority of not less than 67% of the total votes cast.

4. The instrument used to conduct oversight of CORE and CORE-gTLDs and to set policies consistent with this MoU is the CORE-MoU which is signed by POC and all CORE-gTLD Registrars.

5. POC defines the initial entry into force of the CORE-MoU by signing the CORE-MoU and no amendments may take effect until signed by POC.

6. The POC shall consult the PAB and CORE in carrying out its responsibilities.

7. Members of the Policy Oversight Committee (POC) will be appointed in the following numbers by each of the following groups and organizations; appointees are not necessarily members of the appointing groups or organizations.
   1. Internet Assigned Numbers Authority (IANA) - 2
   2. Internet Society (ISOC) - 2
   3. Representative of the Depository of this MoU - 1
   4. Internet Architecture Board (IAB) - 2
   5. Council of Registrars (CORE) - 2
   6. International Telecommunication Union (ITU) - 1
   7. World Intellectual Property Organization (WIPO) - 1
   8. International Trademark Association (INTA) - 1

   Pending the creation of CORE, an interim Policy Oversight Committee (iPOC) shall consist of the regular (non ex-officio) members of the International Ad Hoc Committee (IAHC) which have been appointed by IANA, ISOC, IAB, ITU, WIPO and INTA. The iPOC shall dissolve when CORE appoints its representatives at its first plenary meeting at which time the groups and organizations listed above are invited to appoint their representatives.

8. The regular term of membership in the Policy Oversight Committee shall be three years, provided, however, that the initial terms of membership will be as follows so as to achieve staggered terms:

   1 year initial term - CORE, IAB, IANA, ISOC (one representative of each)
   2 year initial term - Representative of the MoU Depository, ITU, WIPO, INTA
   3 year initial term - CORE, IAB, IANA, ISOC (one representative of each)
   

   The above groups or organizations which have two representatives shall determine which of their representatives shall be appointed for which (1 year or 3 year) term of office. In addition, each group or organization shall endeavor to appoint its representative(s) with an intent to achieving equitable geographical distribution.

9. The Policy Oversight Committee shall coordinate with the CORE Executive Committee to ensure the enforcement of the requirement that each Registrar operate in all respects consistently with the requirements of this MoU and the CORE-MoU.

10. The Policy Oversight Committee may from time to time:
    1. change the number of gTLDs and approve names of new gTLDs;

    2. change the number of Registrars, provided that appropriate global geographic distribution of Registrars shall be preserved;

    3. establish new terms and conditions for applications by entities desiring to become Registrars, including, among others, provisions for CORE to establish and collect fees for its registration and any other services it may perform in such amounts as it may from time to time determine;

    4. recommend, to the PAB, amendments to this MoU, including but not limited to, changes in the composition of the Policy Oversight Committee;

    5. following consultation with the PAB and CORE, remove Registrars who do not operate consistently with the requirements of this MoU and the CORE-MoU.

SECTION 7. - CORE

1. An operational organization composed of recognized Registrars for managing allocations under gTLDs shall be established under the name "Council of Registrars" ("CORE").

2. CORE will be established under the laws of Switzerland as a Swiss Association governed by Articles 60 - 79 of the Swiss Civil Code.

3. In order to act as a Registrar as defined by this MoU and have access to CORE-gTLDs, Registrars must be signatories to the CORE-MoU and be a member of CORE.

4. CORE shall establish and enforce requirements that each Registrar operate in all respects consistently with the provisions of this MoU, the CORE-MoU and decisions of the Policy Oversight Committee.

5. Each CORE-gTLD Registrar may assign second level domains (SLDs) in any gTLD, described or created under the provisions of this MoU and the CORE-MoU, on a fair-use, first-come, first-served basis.

SECTION 8 - Administrative Domain Name Challenge Panels (ACPs)

1. Administrative Domain Name Challenge Panels (ACPs) will be established to administer the policy stated in Section 2(f).

2. The procedures for creating the panels and for bringing challenges before the panels shall be defined in the CORE-MoU; in particular, the CORE-MoU shall stipulate that Registrars shall be obligated to honor all decisions of ACPs. The procedures for creating the panels and for bringing challenges before the panels shall be administered by the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center (Geneva, Switzerland). WIPO staff shall not be members of any panel.

3. No decision of an ACP shall inhibit, affect or prevent the power of the appropriate national or regional courts to hear cases interpreting and enforcing intellectual property rights that fall within their jurisdiction. Likewise, nothing in this Section shall prevent any party, at any time, from bringing any case before such national or regional courts that could otherwise be brought, nor from initiating arbitration or mediation procedures that are otherwise available.

III. STRUCTURE OF THE gTLD-DNS

SECTION 9. - gTLDs

1. Effective upon the entry into force of this MoU, an additional set of gTLDs beyond the extant ".com", ".org" and ".net" gTLDs in the DNS shall be created by the iPOC [see Section 6(g)] and administered within the provisions of this MoU and the CORE-MoU.

2. If, in consultation with the PAB and CORE, the POC should later determine, that the interests of the users of the Internet would be best served by the creation of additional gTLDs within the DNS, beyond those created in (a) above, each additional gTLD, if any, shall be created and administered within the provisions of this MoU and the CORE-MoU. Each additional gTLD created shall consist of a three or greater character alphanumeric identifier.

SECTION 10. - TLDs Not Subject to the Provisions of this MoU

1. Pending the expiration or appropriate amendment of the Cooperative Agreement under which the ".com", ".org" and ".net" gTLDs are presently administered, the ".com", ".org" and ".net" gTLDs shall not be subject to the provisions of this MoU.

2. Likewise, until the ".com", ".org" and ".net" gTLDs are subject to the provisions of this MoU, the registrar which administers those gTLDs shall not be considered to be a gTLD Registrar for the purposes of this MoU.

3. The two-character top level domain name space within the DNS, which is reserved for ISO 3166 country codes under existing accepted Internet RFCs, shall not be subject to the provisions of this MoU.

4. All other top level domain names which are not explicitly included in the set of "generic" top level domains are not subject to the provisions of this MoU.

IV. ADMINISTRATIVE PROVISIONS

SECTION 11. - General Provisions and Review

1. Signatories to this MoU shall include, in any event, the Internet Society (ISOC), Reston, Virginia, U.S.A., and the Internet Assigned Numbers Authority (IANA), Marina del Rey, California, U.S.A.

2. This MoU shall enter into force from the date that it has been signed by both the Internet Assigned Numbers Authority (IANA) and the Internet Society (ISOC).

3. The Signatories agree to periodically review the results and consequences of their cooperation under this MoU and, when appropriate, consider the need for improvements in their cooperation, and make suitable proposals for modifying and updating the arrangements, and the scope of this MoU to the Policy Oversight Committee, through the Policy Advisory Body.

4. Amendments to this MoU shall be initiated by the Policy Oversight Committee, after consultation with the PAB and CORE.

5. No amendment to this MoU shall enter into force until it has been signed by both the Internet Assigned Numbers Authority and the Internet Society, and any such amendment shall enter into force on the date that it has been so signed.

V. SIGNATURES

Done in Geneva:

[date]

SIGNATORIES:

________________________________
Internet Assigned Numbers Authority

________________________________
Internet Society

________________________________
Etc.