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CONSULTATION PAPER: PROPOSED REGISTRATION OF .NZ DOMAIN NAMES AT THE SECOND LEVEL

 

The Domain Name Commission Limited (DNCL) would like your views on a proposal that has the potential to significantly alter New Zealand’s domain name space. Please carefully read this consultation paper and send us your thoughts.

Each section of this paper raises specific questions.  Please respond to these questions, or more generally to any of the issues raised through the online response form at https://www.research.net/s/dnc_consultation1

Submissions can also be made by by email to policies@dnc.org.nz, by fax to (04) 495 2115, or by mail to P O Box 11881, Wellington.  Submissions will be published at http://dnc.org.nz/second_level_proposal_c1 as they are received.  The closing date for submissions is midday on Thursday 27 September 2012.


CONTENTS

1. Introduction

 

2. Background

 

3. Consultation Process

 

4. Why propose registrations at the second level?

 

5. Domain Name Commission Undertakings

 

6. Should ‘new’ second level domains be created?

 

7. Should the registration of some names at the second level be prohibited?

 

8. How would the Domain Name Commission deal with existing .nz registrations if this change goes ahead?

 

9. What about ‘competing’ third level domains?

 

10. Managing sub-domain confusion

 

11. Other Issues

 

Appendix A – Registrations before and after Sunrise Period

 

Appendix B – Proposed Amednments to the DNCL's RMC Policy

 

Appendix C – Proposed Amednments to the DNCL's DRS Policy

 

1.Introduction

1.1 Proposal overview

The Domain Name Commission is proposing to extend the .nz domain name space by allowing anybody to register domain names at the ‘second level’. The following diagram illustrates the make-up of .nz domain names. In this example:

·      “.nz” is the top level domain (the .nz country code)

·      “.co” is the second level domain

·      domain” is the third level domain

what is a domain name

 

At present, .nz domain names can only be registered at the ‘third level’. What is being proposed is to also allow domain names to be registered at the ‘second level’. For example, yourname.nz.

2. Background

InternetNZ has the ultimate responsibility for the .nz domain name system. The Domain Name Commission is a subsidiary of InternetNZ and manages and administers the .nz domain name space on its behalf.

2.1 Existing .nz structure

At present, .nz domain names can only be registered at the third level and within a limited number of second level domains (2LDs).  These are:

.ac.nz

.health.nz*

.org.nz

.co.nz

.iwi.nz*

.parliament.nz*

.cri.nz*

.maori.nz

.school.nz

.geek.nz

.gen.nz

.mil.nz*

.govt.nz*

.net.nz

( * closed 2LDs )

 

2.2 Proposed change

The Domain Name Commission is proposing to open up registrations at the second level. This would mean, for example, that yourname.nz would be a valid domain name.

3. Consultation process

3.1 Purpose

This consultation is being undertaken to give the public an opportunity to have their say before any decisions are made about extending the second level.

3.2 Consultation paper

This paper explains what changes are proposed at the second level and why. There are three appendices:

·      Appendix A – A table showing how a proposed ‘Sunrise Period’ would work.

·      Appendix B – Proposed amendments to the DNCL’s Registering, Managing and Cancelling Policy.

·      Appendix C – Proposed amendments to the DNCL’s Dispute Resolution Service Policy.

3.3 Decision-making

Following this consultation, the Domain Name Commission Board will consider the submissions received, and decide whether or not to proceed with registrations at the second level.

If the Board decides to proceed, a second public consultation will take place. No timeframe has been set for a second consultation. If a second consultation is undertaken it will include a timetable for any proposed changes. 

The final decision on whether to adopt any changes to New Zealand’s domain name structure will be made by the InternetNZ Council following a recommendation from the Domain Name Commission Board. 

3.4 Communications

The Domain Name Commission is consulting as broadly as possible. All interested parties are encouraged to make a submission.

The views of the local Internet community, InternetNZ members, .nz registrars, .nz domain name registrants, and government and non-governmental organisations are especially sought.

Public meetings are also being planned, along with a communications strategy to ensure the proposal is discussed as widely as possible.

 

4. Why propose registrations at the second level?

Historically, there has not been widespread support for changing .nz to allow registrations at the second level. However, things are changing and it is timely to ask whether and how the .nz domain name space needs to respond.

New Zealand’s Internet community has recently been vocal about allowing registrations at the second level. Public opinion surveys also indicate that the general public’s appetite for change has grown.

In addition, the global domain name market is about to experience an unprecedented transformation through the introduction of new generic Top Level Domains (gTLDs) such as .music. Finally, there is a growing trend internationally to permit direct second level registrations. Each of these issues is described below:

4.1 NZ Internet community

Over the past year, New Zealand’s Internet community has voiced some annoyance at having to make .nz registrations through an approved second level domain (such as .co.nz).

During a recent InternetNZ Members’ discussion, several remarks were made about the attractiveness of being able to register a name directly at the second level. Strong support was expressed for such a change.

4.2 Public appetite

The general public’s views on domain names have changed. A Domain Name Commission public opinion survey conducted in 2011, for example, found a strong preference for being able to register yourname.nz at the second level.

·      2003 – 25%

·      2011 – 60%

 

  4.3 Influence of new gTLDs

Over the past few years there has been an increased global focus on domain name matters, with proposals to allow new generic Top Level Domains (such as .music) being finalised. The first applications for new gTLDs are now being received by ICANN - the international body charged with administering the global Domain Name System.

4.4 International best practice

A number of countries use a structure like that of the gTLDs, with approximately half of countries undertaking registrations directly at the second level. For example, Canada now allows registration of domain names at the second level after previously restricting these to the third level. There are also over two dozen other countries now allowing registrations at both the second and third levels.

 

 

Question 1

Should the New Zealand domain name space be extended to allow registration at the second level, for example yourname.nz?

 

 

5. Domain Name Commission Undertakings

If the .nz domain name space is extended to permit registrations at the second level, the Domain Name Commission undertakes that:  

·      There will be no changes to existing registrations of domain names in the .nz domain name space.

·      Existing second level domains will continue to be supported.

·      There will be no changes to moderated second level domains (.govt.nz, .parliament.nz, .health.nz, iwi.nz, .mil.nz and .cri.nz).

·      Wholesale fees for registering a domain name at the second level will be the same as existing third level registrations (currently $1.25 per domain name per month, excl GST).

 

 

Question 2

Are there any other undertakings that the Domain Name Commission should make while developing/implementing the policy?

 

 

6. Should ‘new’ second level domains be created?

In addition to proposing general registrations at the second level, the Domain Name Commission is also considering whether to create:

New second level domains to cater for particular interest groups, such as .wine.nz or .sport.nz, for example yourname.wine.nz; and/or

New moderated second level domains for domain names that require special protection, such as .bank.nz, for example bankname.bank.nz.

These types of names would be unlikely to be created in future if general registrations at the second level were possible.

 

 

Question 3

Should new second level domains be created to cater for particular interest groups, such as .wine.nz or .sport.nz?

 

Question 4

Should new moderated second level domains be created to cater for domain names that require special protection, such as .bank.nz?

 

 

7. Should the registration of some names at the second level be prohibited?

One of the risks of allowing .nz domain name registrations directly at the second level is that people may become confused about who is operating a particular name.   

This problem is likely to become worse when names registered are the same as those used as in other countries, such as .gov and .com. These names are also very similar to .govt.nz and .co.nz which may further heighten confusion.

One way to minimise this confusion is to prohibit the registration of certain names at the second level.

The Domain Name Commission proposes to prohibit registration of .gov.nz, .com.nz, .edu.nz and .biz.nz. This is because these names are the most common second level domains found in other countries.

 

 

Question 5

Should the registration of some names such as .com.nz or .gov.nz, be prohibited at the second level to minimise potential confusion?  What names, if any, should be prohibited?

 

 

8. How would the Domain Name Commission deal with existing .nz registrations if this change goes ahead?

If domain name registrations at the second level are implemented, the Domain Name Commission proposes to run a ‘Sunrise Period’ – where existing .nz domain name holders can register the second level variant of their name/s before general registrations open.

8.1 Sunrise Period rules

The Sunrise Period would start on a date to be determined and last for two or three months.  During that time:

·      Only persons with an existing third level domain could apply for a second level domain. For example, a person with yourname.co.nz will be able to register yourname.nz.

·      If there are several matching domain names registered at the third level (for example yourname.co.nz and yourname.org.nz), the applicant would need the consent of the equivalent third level name holders before registering.

·       Registrations of third level domain names made after this consultation is announced would not be eligible for registration at the second level. 

Limiting the Sunrise Period to registrations at the time this proposed policy is announced, mitigates the risk of people registering new names in an effort to impact on another person’s ability to register their domain name at the second level.  There is no restriction on new registrations, just that any registered after 9am on Wednesday 30 May 2012 will not be eligible for inclusion in any Sunrise Period registrations.  

8.2 Registering names during the Consultation Stage

Inevitably, people will register domains at the third level during this consultation (for example, yourname.geek.nz).

There is a risk that the registrant of yourname.geek.nz might unfairly demand payment from the registrants of yourname.co.nz and yourname.org.nz before consent to register yourname.nz at the second level is given. This would not be fair or appropriate.

The Domain Name Commission suggests that registrations at the third level after this consultation is announced would not be considered valid for the purposes of the Sunrise Period.

More detail about how a Sunrise Period would work can be seen in the proposed amendments to the Registering, Managing and Cancelling Policy (Appendix B). The impact of a Sunrise Period on that policy’s operation is illustrated in Appendix A.

8.3 Post-Sunrise Period

If a domain name holder does not take advantage of the Sunrise Period to register their name at the second level, that name would be available to be registered by anybody when the Sunrise Period finishes and general registration begins. This would happen on a “first come, first served” basis with the exception of names identified as being ‘competing third level domains’ as defined in Section 9.  For those names, clause 9.3 applies.

8.4 InternetNZ Group directors and staff

Some InternetNZ councillors, Domain Name Commission directors, New Zealand Registry Services directors and staff members / contractors of those organisations operate personal and business websites. Some of these people may want to apply to register a second level domain name.

To avoid any suggestion of “insider trading” the Domain Name Commission proposes to adopt an earlier cut-off period for these individuals.

InternetNZ Group directors and staff would not be able to take advantage of the Sunrise Period unless their third level registration took place before 1 September 2011.

Note: This policy had not been considered by the Domain Name Commission at that stage.

 

Question 6

 

Do you agree with the rationale for the Sunrise Period that would enable existing .nz domain name holders first chance to register names at the second level? Why?

 

 

9. What about ‘competing’ third level domains?

For example, in the case of transportsolutions.co.nz and transportsolutions.org.nz, who should be able to register transportsolutions.nz?

9.1 Existing ‘first-come first-served’ principle

A fundamental policy principle of domain name registration in New Zealand is that registrations are on a ‘first-come first-served’ basis.  No preference is given to people who have rights in a name (such as a company or trademark owner). Instead there is a speedy, low cost dispute resolution process to resolve domain name disputes.

9.2 Options for resolving conflict at the third level

The proposed Sunrise Period for existing domain name holders will not be practical where two or more potential parties seek the registration of a name at the second level.

The Domain Name Commission does not consider it fair that a third party should be able to register the name as none of the existing name holders were able to take advantage of the Sunrise Period.

Where there are competing third level domains, there is no natural or fair way of determining priority as to which one of the domain name holders should be approved. In the interests of fairness, none of the following options are desirable:

·      Preference could be given to the oldest registration.

·      There could be an auction of the name to the highest bidder.

·      There could be a random draw to decide who would be able to register the name.

An auction with the highest bidder being successful is an unattractive idea. InternetNZ should not profit from any process in resolving conflicting registrations. A random draw is also not a fair and equitable solution. This could impact prior decisions made through the .nz Dispute Resolution Service. For the same reason, automatically assigning the name to the oldest registrations could create a difficult situation.

The Domain Name Commission’s preferred approach is one of ‘consent’. 

9.3 Preferred approach

The ‘first-come first-served’ principle would apply to registrations at the second level.  However, if there are competing registrations at the third level the Domain Name Commission’s preferred approach is one of consent.

If a domain name holder cannot obtain the consent of all other people with third level registrations matching their domain name, then no one should be allowed to register the name at the second level.

This proposal is detailed in the proposed amendments to the Registering, Managing and Cancelling Policy (Appendix B).

 

 

Question 7

Who should be allowed to register a domain name at the second level when there are competing registrations at the third level?

 

 

Question 8

Assuming only persons with a conflicting third level domain name may apply, how should that conflict be resolved?  By consent? Or some other mechanism?

 

 

 

10. Managing sub-domain confusion

10.1 Misleading sub-domains

If registrations are allowed at the second level, there is a risk that domain name holders could register a generic name at the second level and then allow third parties to operate under a misleading sub-domain.

For example, shop.nz would be a valid registration at the second level. The following sub-domains (which would be outside of the Domain Name Commission’s control) could then be made:

·      Book.shop.nz

·      Cake.shop.nz

People might be confused when signing up to a sub-domain with the holder of shop.nz. The Domain Name Commission would be powerless to help with any dispute in this situation.

The holder of shop.nz could also choose to allow potentially misleading sub-domains such as:

·      Panasonic.shop.nz

·      Kodak.shop.nz

In this example, some people might consider these are legitimate sites used by Panasonic or Kodak.

If the sub-domains are not operated by Panasonic or Kodak, consumers are likely to be misled. The use of shop.nz in this manner might therefore be unfair. A dispute resolution process for such cases is likely to be needed.

10.2 Sub-domain dispute resolution process

At present, the Domain Name Commission’s Dispute Resolution Service Policy does not cover sub-domains when considering whether there has been an unfair domain name registration.

There are no plans to change this on a permanent basis, but the Dispute Resolution Service Policy could be temporarily amended to cover the initial implementation phase of new second level domains. This would help avoid the risk of consumer confusion as currently most New Zealanders, and many others around the world, are used to .nz domain names consisting of three levels. 

10.3 Proposed change to Dispute Resolution Service Policy

The Domain Name Commission proposes amending its Dispute Resolution Service Policy to allow consideration of sub-domains.

This means that the fast, efficient and inexpensive dispute resolution processes already used in .nz can be used to stop inappropriate uses of second level domains.

It is proposed that the Dispute Resolution Service Policy be expanded for two years. It would only apply where:

·      The registration at the second level is of a generic word.

·      The complainant has rights in the third level name.

·      The complainant has already complained to the domain name holder of the relevant second level domain who has refused to take down the infringing sub-domain.

Resolution would take the form of an ‘order’ to remove the sub-domain,  with an undertaking it not be created again. If no undertaking was given, the domain name would be removed from the .nz Domain Name System so the name does not resolve. 

If the domain name is not a generic word, the complainant should be able to prove ‘rights in the name’ and use the Domain Name Commission’s existing dispute resolution service.

Details of the proposed dispute resolution amendments can be seen in the Dispute Resolution Service in Appendix C.

 

Question 9

Should the Domain Name Commission consider extending its Dispute Resolution Service for a limited period to cover particular sub-domains when considering whether a name registered at the second level infringes a complainant’s rights?

 

Question 10

Is the approach as outlined in the proposed amended policy in Appendix C appropriate?  Why?

 

 

11. Other issues

The Domain Name Commission welcomes all feedback on this consultation paper. People may have other issues they wish to raise that aren’t covered by the questions in this consultation paper, so please feel free to provide any other comments you wish.  

 

 

Question 11

Are there any other comments you would like to make relating to this consultation?

 

 

APENDIX A

REGISTRATIONS BEFORE AND AFTER SUNRISE PERIOD

 

 

 

#

Period prior to release of consultation paper (up to 9am, 30 May 2012)

Consultation Period and after

(From 30 May 2012)

Sunrise Period

(dates to be determined if change proceeds)

Policy in effect

(date to be determined if change proceeds)

Result

1

Dave registers yourname.co.nz

 

Dave applies to register  yourname.nz

 

Dave application for yourname.nz is granted.

2

 

Sarah registers yourname.co.nz

Sarah applies to register  yourname.nz

 

Sarah’s application for yourname.nz is declined.  Only people with third level registrations made prior to the consultation period can take advantage of the Sunrise Period.

3

 

 

 

Michael applies to register  yourname.nz

Michael’s application for yourname.nz is granted.

4

Dave registers yourname.co.nz

Later, Michael registers yourname.org.nz

Later, Sarah registers yourname.geek.nz

 

Dave applies to register  yourname.nz

 

Dave’s application for yourname.nz will only be granted if he can get Michael’s and Sarah’s consent.

5

Dave registers yourname.co.nz

Sarah registers yourname.geek.nz

Dave applies to register  yourname.nz

 

Dave’s application for yourname.nz is granted. He does not need Sarah’s consent because her third level registration was during the consultation period.

6

Dave registers yourname.co.nz

 

Sarah registers yourname.geek.nz

 

Later, Dave applies to register  yourname.nz

 

Dave’s application for yourname.nz is granted. He does not need Sarah’s consent because her third level registration was during the Sunrise Period.

7

Dave registers yourname.co.nz

Michael registers  yourname.org.nz

Sarah registers yourname.geek.nz

 

Michael applies to register  yourname.nz

Michael’s application for yourname.nz is successful.  Dave could have taken advantage of the Sunrise Period, but did not.

8

Dave registers yourname.co.nz

 

 

Sarah registers yourname.geek.nz

Later, Dave applies to register yourname.nz

Dave’s application is granted on a “first come, first served” basis and does not need Sarah’s consent.

9

Dave registers yourname.co.nz

 

 

Sarah applies to register yourname.nz at the ‘same’ time as Dave applies for the name.

Result depends on the timestamp of the registry – the application to be processed first at the registry is the successful registration.

 

APENDIX B

PROPOSED AMENDMENTS TO THE DNCL's RMC POLICY

 

 

dnc logo

 

This is a document proposing policy changes that are being consulted on.  The active Registering, Managing and Cancelling Domain Names Policy can be seen at http://dnc.org.nz/content/rmc.html.

 

Sections additional to the current policy, or where a change is proposed, are marked in purple and italicised.

 

REGISTERING, MANAGING, AND CANCELLING DOMAIN NAMES

1.           Statement of Purpose

1.1         This document sets out the general rules regarding the .nz domain name space ("DNS") including the data required on the register and the general business processes that require implementation. 

1.2         Though this will be of interest to all parties, the primary audience for this policy document is Registrars, as it will set out the requirements for operating on the register.  This includes the data required, validation rules for the shared registry system ("SRS"), and options that are available. 

 

2.           Background

2.1         InternetNZ has the ultimate responsibility within New Zealand for the .nz DNS, and has implemented a SRS for the management of .nz domain name registrations and the operation of the DNS.  InternetNZ has appointed the Domain Name Commission (“DNC”) to manage and administer the .nz domain name space on behalf of InternetNZ. 

2.2              A SRS establishes a single register for registering domain names and associated technical and administrative information.  .nz Registry Services ("NZRS") operates the SRS registry

2.3              The registration of domain names and modification of information associated with that name on the register can be effected only by authorised Registrars.

2.4         Registrars are responsible for managing their relationship with Registrants.  There is no communication between NZRS and Registrants.

 

3.           Principles - Registering, Cancelling, Managing

3.1              The register is a listing service.  The .nz DNS operates on a "first come, first served" basis.  Any conflict between an applicant or other party and an existing Registrant is up to those parties to resolve. 

3.2              Registering a domain name is akin to obtaining a licence.  As long as the domain name is kept current, the Registrant can continue to use that domain name.  Domain names are not able to be "owned" by any party. 

3.3              Registrars will operate in a way that reflects the established standards and practices.  They are to ensure they act in good faith and maintain .nz policies relating to the .nz DNS.  They are not to collude with other Registrars in setting pricing structures.

3.4              Registrars will behave ethically and honestly and will abide by all agreements, .nz policies relating to the .nz DNS. 

3.5              Registrars are permitted to register domain names on their own behalf where they are/will be using that domain name.  They are not permitted to register domain names on their own behalf for speculative purposes, or where that registration will prevent any other legitimate domain name registration.

3.6              Registrars will only register a domain name at the request of the domain name Registrant, and where the Registrant has agreed to the Registrar's Terms and Conditions.

3.7              Registrants will be identifiable individuals over 18 years of age or properly constituted organisations.

3.8              The Registrant will retain control of their domain name.  Registrants must be able to choose the Registrar they wish to use to maintain the domain name.  The Registrar will not operate in such a way that the Registrant is locked-in, or such that their actions could make the Registrant reasonably believe that they are locked-in. 

3.9              Registrars have direct unmediated access to the portions of the register that have regard to their customers.  They are responsible for their actions within that part of the register. 

4.           Structure of a .nz Domain Name

4.1              Domain names in .nz can be registered at either the second or the third level.

4.2              Each complete name must be unique and comprise at least two levels, with each level separated by a period (.).  The following are compliant .nz domain names:

4.2.1         domain.org.nz: “.nz” is the top level, country code; “.org” is the second level domain of the Registrant’s choice, and “domain” is the name the registrant has chosen to register.

 

4.2.2         domain.nz: “.nz” is the top level country code and “domain” is the name the registrant has chosen to register at the second level.

 

4.3              Sub-domains can be added to any .nz domain name by the registrant:

 

4.3.1         Sub domains of .nz domains registered at the third level are outside the scope of InternetNZ policy and are the responsibility of the registrant.  They are expected to be in the spirit of RFC1591 and meet the standards defined in clause 4.4.

 

4.3.2         Sub-domains of .nz domains registered at the second level are also outside the scope of InternetNZ policy, with the exception of sub-domains that are subject to clauses 4.3 and 4.4 of the Dispute Resolution Service Policy.

 

 

4.4              Any new name must conform to the relevant Internet standards (in particular RFC's 1034 and 2181) as well as specific .nz policy requirements - otherwise such applications may be automatically declined:

4.4.1          A domain name can consist of only roman alphabet characters (letters), ā, ē, ī, ō, ū, digits and the '-' hyphen.

4.4.2          The maximum length of each name element (called a label) is 63 characters.

4.4.3          The maximum length of a domain name (inc separators) is 255 characters.

4.4.4          Domain names must commence and end with a letter or a digit; interior characters of domain names may be letters, digits or the hyphen character; no other characters may be used; names are case insensitive.

4.4.5          Domain names must conform to a supported encoding scheme.

4.5         Name server data is not required for a domain name to be registered. If valid name server data is provided it will be published in the DNS when delegation is requested.

4.6         Name server data will be validated when provided to ensure that it meets minimum technical and operational criteria to ensure the security, stability and resilience of the DNS.

4.7              Name server data may be revalidated at any time and may be removed from the DNS should the technical and operational criteria not be met.

[Current clause 4.6 deleted]

5.           Second Level Domain Names

5.1              The current second level domains are: .ac.nz, .co.nz, .cri.nz, .geek.nz, .gen.nz, .govt.nz, .health.nz, .iwi.nz, .maori.nz, .mil.nz, .net.nz, .org.nz, .parliament.nz and .school.nz. 

5.2              Of these, .cri.nz, .govt.nz, .health.nz, .iwi.nz, .mil.nz and .parliament.nz are moderated.

5.3              For more information please refer to the policy document "Second Level Domain Names" “2LD”.

5.4              These second level domains remain available to register domain names under and are not the same as Second Level Domain Names Registrations as detailed in Clause 6.

6.                   Second Level Domain Names Registrations

6.1              From X date, .nz domain names can be registered at the second level.  Registrations will initially be through a sunrise period for applicable registrants, as outlined in clause 7.  Following the sunrise period, open registrations will be available from XXX date.

6.2              Any person may register a domain name at the second level.

6.3              Registration of names at the second level is on a “first come, first served” basis (see clause 3.1).  Registration is governed by clauses 8 and 9 below.

6.4              The names .gov, .com, .edu and .biz cannot be registered at the second level.  This reflects that these generic names are second level domains in multiple other ccTLDs.

6.5              Clauses 6.2 to 6.3 come into force on XXX [date policy will come into force as they apply to the sunrise period also].

 

7.                   Sunrise Period for Second Level Domain Names Registrations

7.1              Only registrants with .nz domain names registered as at 9.00am on XXX [date first consultation paper released] are able to apply for a registration at the second level during the sunrise period.  These registrants are able to apply for their equivalent name at the second level between xxx [start of the sunrise period] and XXX [expiry of the sunrise period]. 

7.2              In the case where the registrant of a .nz domain name is a councillor of InternetNZ, a director of Domain Name Commission Limited, a director of New Zealand Domain Name Registry Ltd (NZRS) or a staff member or contractor of any of those three entities, a different date will apply for names to be eligible under the sunrise period.  Only names registered to those people prior to 1 September 2011 will be eligible for sunrise period registration.  This date pre-dates any discussion about a possible change to the .nz registration structure.

7.3              For the purposes of clauses 7.6 to 7.8, domain names registered at the third level between XXX [date first consultation paper released] and XXX [expiry of the sunrise period] will be disregarded.  This clause therefore applies only to .nz domain names registered prior to 9.00am on XXX.

7.4              To assist with the implementation of this clause, a list of all .nz domain names registered at 9.00am on XXX [date first consultation paper released] will be prepared by DNCL and distributed to the relevant registrar.

7.5              For the avoidance of doubt, all registrations remain valid and are not changed by any amendments to this policy.

7.6              Between XXX [date policy comes into force] and XXX [expiry of the sunrise period] only persons with an active .nz domain name meeting clause 7.1 may apply for a second level domain name.

7.7              Where only one registrant has registered a particular domain name at the third level, the following process applies:

7.7.1         applications can be made from XXX [date policy comes into force] until XXX [expiry of the sunset period];

7.7.2         applications must be made on the DNC website [link];

7.7.3         applications will be collected and processed as they are received;

7.7.4         the following technical provisions will apply:

7.7.4.1            an initial registration term of one month will be placed on all names registered during the sunrise period and the information recorded will reflect the details of the existing third level registrations;

7.7.4.2            all names will initially be registered under the Domain Name Commission Registrar ID.  This will be undertaken by NZRS on the request of the DNC;

7.7.4.3            UDAIs for the domain names registered will be emailed out to the registrant email address and the registrant advised they need to use that UDAI to transfer the domain name to their own registrar within the one month period.  The registrar for the third level name will also be advised so they can follow up with the registrant and ensure the transfer is completed;

7.7.4.4            any names not transferred away from the DNC Registrar at the end of the initial one month registration period will be cancelled;

7.7.4.5            there will be no charge to the registrant for this initial one month period.  They will be required to pay any costs to transfer and renew the newly registered name with their registrar;

7.7.4.6            registrants will be advised of any issues relating to applications received and, where practicable, given an opportunity to resolve them prior to the completion of the sunrise period on X date.

7.8              Where different registrants have the same domain name at the third level but different second level registration (Competing Registrants) [1] the following process applies:

7.8.1         Registrants will be contacted by their registrars (or by the DNC if no contact appears to have been made) advising them of the conflict and the steps they need to take if they wish to register their name at the second level.

7.8.2         Any competing registrant may apply to register their name at the second level but a registration will only occur when all competing registrants of that name agree on who can register the second level name.

7.8.3        It is the responsibility of the competing registrant seeking the second level registration to obtain the consent of the other competing registrants of that name.  The DNC will offer advice and information to the registrant if required. The DNC may make such inquiry as it thinks necessary to verify that consent has been given.

7.8.4        Proof of the consent of other registrants will be required as part of the application for registration.  Such applications are to be made through the DNC website at [link].

7.8.5         The DNC may decline to register the third level name at second level if the DNC is satisfied that the competing registrant’s consent:

7.8.5.1          has been obtained through a breach of any law; or

7.8.5.2          is inconsistent with any DNC policy. 

7.8.6         This clause 7.8 and the process outlined will remain in practice beyond the end of the sunrise period so registrations under this do not need to be completed by XXX date.  The process will be reviewed in XXX [date policy comes into effect plus 2 years].

7.8.7         In lieu of seeking a registration of their domain name at the second level, registrants are able to express an interest that the domain name becomes an open second level domain, like those listed in clause 5.1 instead.  If interest is expressed in this approach, the DNC will follow up with all competing registrants of that name.  It will require the consent of all competing registrants of that name to agree.

8.           Domain Name Registrations

8.1         If there is conflict between an applicant for a new listing and the holder of an existing name, it is for those parties to resolve the conflict.  Any resulting change in registration details of the existing name must be mutually agreed between the parties. 

8.2         The DNC has no role in deciding whether an applicant has a legitimate right to the name.  The applicant, in lodging the request for the name warrants that it is entitled to register the name as requested. 

8.3         Applicants who misrepresent their entitlement to register or use a name are warned that this may result in action from others who claim rights to the name.  If the DNC, or any of their agents, officers, or employees incur costs through involvement in disputes over names, any applicant for, or Registrant of, a name which is subject to a dispute will be liable for those costs. 

8.4         A listing may be cancelled at any stage where the Registrant does not comply with these requirements or fails to meet any fees or other liabilities in connection with the registration or use of the domain name.

8,5         Names are delegated to specific Registrants and delegation confers no rights on the Registrant.  It does not mean that the Registrant has any rights to be associated with that name, nor to use or publish the name for any purpose.  InternetNZ does not trade in, or license any entity to trade in, domain names.

8.6         Delegation is to a "domain name manager", who is deemed to be the one person "authoritative" for making changes to the name.

9.           Registering Domain Names - Process

9.1         When registering a new domain name the Registrar will supply the following data:

·        Domain Name

·        Name Server List (optional)

·        Registrant Name

·        Registrant Contact Details

·        Registrant Customer ID (optional)

·        Administrative Contact Details

·        Technical Contact Details

·        Billing Term; and, if applicable:

·        DS Record List

9.2              The Registrar may also include his or her own Registrant customer ID to assist with reconciliation/customer management.

9.3              The Registrar will apply a basic level of validation to ensure that the domain name is available, that mandatory fields have been supplied, and that relevant fields have valid formats (e.g. domain name format, e-mail address format).

9.4              When a domain name is a moderated 2LD name, the system will ensure that the Registrar is authorised to register it.

9.5              A full copy of the domain name record will be returned to the Registrar as confirmation, including the system-generated Unique Domain Authentication ID ("UDAI"). 

9.6              The Registrar will pass the details of the registration on to the Registrant. The UDAI must also be sent out to Registrants at this time. If a Registrar has an automated system for generating a UDAI, they can either provide the UDAI or may provide the Registrant with directions and a link for the Registrant to generate their own. The UDAI must also be provided to Registrants on request.

9.7              A grace period of five days will be provided following a new registration to enable Registrars to cancel the registration.

9.8              Where the domain name is cancelled during the grace period it will be removed from the register.  The registration and cancellation will still be recorded for audit purposes.  The same Registrar is able to re-register the same domain name but it is not able to be cancelled for a second time within one month of the initial registration. 

9.9              A Registrant will not be able to transfer the management of their domain name to another Registrar during the grace period.

9.10           The registration grace period will be a fixed system parameter that will be modifiable by NZRS.  Notice of any change to this period will be notified at least one month in advance.

9.11           The Registrar must identify the full billing term and ensure they pay the full amount to NZRS.  If the registration is for a significant term, eg 10 years, the billing term can be set from 1 - 120 months.  Registrars are able to register for an initial period until they have received the monies from the Registrant, as long as they specify this approach in their terms and conditions and update the domain name billing term as soon as those monies are received. 

9.12           The operating principles for moderated domains are:

·     Approval for use of the moderated name occurs prior to the Registrar registering the domain name in the register.

·     NZRS will not be involved in that approval process.

·     Moderators will either need to establish themselves as a Registrar or set up a relationship with a Registrar(s).

·     Moderators will be responsible for notifying the DNC and NZRS of their accredited Registrar(s).

9.13           For information on 2LDs please refer to "Second Level Domains" (2LD) policy document.

 

NOTE: NO PROPOSED AMENDMENTS TO REMAINDER OF POLICY SO DELETED FOR THIS PAPER

Full version of the policy is at http://dnc.org.nz/content/rmc.html.

 



[1] For example yourname.co.nz is licensed by Registrant A and yourname.net.nz is licensed by Registrant B.

 

 

APENDIX C

PROPOSED AMENDMENTS TO THE DNCL's DRS POLICY

 

 

dnc logo

 

This is a document proposing policy changes that are being consulted on.  The active Dispute Resolution Service Policy can be seen at http://dnc.org.nz/story/policy.

 

Sections additional to the current policy, or where a change is proposed, are marked in purple and italicised.

 

DISPUTE RESOLUTION SERVICE POLICY

 

1.                 Statement of Purpose

 

1.1              This policy provides an alternative to the Courts in situations where two parties are in dispute over who the registrant of a .nz domain name should be. Part A defines the policy and Part B the procedure supporting the policy. 

 

2.                 Background

 

2.1              InternetNZ has the ultimate responsibility within New Zealand for the .nz domain name space, and maintains a shared registry system (SRS) for the management of .nz domain name registrations. InternetNZ has appointed Domain Name Commission Limited (“DNC”) to manage and administer the .nz domain name space on behalf of InternetNZ. 

 

2.2              A SRS establishes a single register for registering domain names and associated technical and administrative information.  .nz Registry Services (NZRS) operates the register.

 

2.3              The registration of domain names and modification of information associated with that name on the register can be effected only by authorised registrars.  Registrars are responsible for the information they collect.

 

2.4              Neither registrars nor the DNC get involved in disputes regarding who the true registrant of a domain name should be, but will undertake actions as directed either by the Courts or by the Experts under this policy.

 

2.5              This policy is one of the .nz policies that, as amended from time to time, all .nz registrants agree to be bound by when registering or renewing a .nz domain name.

 

2.6              Thanks go to Nominet UK for their assistance in establishing the .nz Dispute Resolution Service.

 

3.                 Definitions

 

Appeal Panel means a panel appointed by the DNC under paragraph B17.7;

 

Complainant means a third party who asserts to the DNC the elements set out in paragraph 4 of this Policy and according to the Procedure, or, if there are multiple complainants, the 'Lead Complainant' (see Procedure, paragraph B2.2);

 

Complaint means a complaint submitted to the DNC by a Complainant under paragraph B2 ;

 

Commencement of Dispute Resolution Service proceedings means the earliest date upon which the Complaint is deemed to have been received by the Respondent in accordance with paragraph B1.5;

 

Conclusion of Dispute Resolution Service proceedings means the date on which the Parties are notified of a Decision or the date on which the parties settle the dispute;

Days means, unless otherwise stated, any calendar day other than Saturday, Sunday or any public holiday in New Zealand;

 

Decision means the decision reached by an Expert and where applicable includes decisions of an appeal panel;

 

Dispute Resolution Service means the service provided by the DNC according to this Policy and the Procedure;

 

Domain Name means a domain name registered in the .nz register;

 

Domain Name Commission means Domain Name Commission Limited, a company wholly-owned by InternetNZ, responsible for the day to day oversight of the .nz domain name registration and management system;

 

Domain Name Hijacking means using the Policy in bad faith in an attempt to deprive a registered domain name holder of a domain name;

 

DNC means the Domain Name Commission;

 

Expert means a person appointed to resolve a Domain Name Dispute under paragraphs B7 or B17 of the Procedure;

 

Generic Word means a word or phrase that describes a class of product, service, profession, place or thing.  For example: .toy; .shop; .cleaner; .lawyers; .Wellington; .sparkling-wine;

 

Informal Mediation means impartial mediation which is conducted under paragraph B6 to facilitate an acceptable resolution to the dispute;

 

ISP means an internet service provider;

 

InternetNZ means Internet New Zealand Incorporated, the organisation ultimately responsible for the .nz domain name space;

 

Mediator means a person appointed to mediate a Domain Name Dispute under paragraph B6 of the Procedure;

 

NZRS means New Zealand Domain Name Registry Limited, trading as .nz Registry Services, the body which operates and manages the Register;

 

Party means a Complainant or Respondent and Parties has a corresponding meaning;

 

Policy means this Policy;

 

Procedure means the Procedure under this Policy for the conduct of proceedings under the Dispute Resolution Service;

 

Register means the authoritative database and record of .nz domain names managed and operated by NZRS;

 

Registrant means the entity entered in the Register as registrant in respect of the domain name;

 

Registrar means the entity entered in the Register as registrar in respect of the domain name;

 

Reply means a submission made to the DNC by a Complainant under paragraph B5;

 

Respondent means the entity in whose name or on whose behalf a Domain Name is registered and against whom the Complainant makes a Complaint;

 

Response means a submission made to the DNC by a Respondent under paragraph B4;

 

Rights includes, but is not limited to, rights enforceable under New Zealand law. However, a Complainant will be unable to rely on rights in a name or term which is wholly descriptive of the Complainant's business;

 

Unfair Registration means a Domain Name which either:

 

i                      was registered or otherwise acquired in a manner which, at the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to the Complainant's Rights; OR

ii                     has been, or is likely to be, used in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's Rights;

 

 

 

PART A – POLICY

 

4.                 Dispute Resolution Service

4.1              This Policy and Procedure applies to Respondents when a Complainant asserts to the DNC according to the Procedure, that:

4.1.1     The Complainant has Rights in respect of a name or mark which is identical or similar to the Domain Name; and

4.1.2     The Domain Name, in the hands of the Respondent, is an Unfair Registration.

4.2              The Complainant is required to prove to the Expert that both elements are present on the balance of probabilities.

4.3              For two years from X date, a Complainant may make a Complaint where:

4.3.1             the Domain Name is registered directly at the second level of .nz; and

4.3.2             the Domain Name registered is a Generic Word such that the Complainant cannot demonstrate Rights in that Generic Word; and

4.3.3             the Registrant of that name at the second level has added a sub-domain that has the appearance of being a Domain Name registered at the third level; and

4.3.4             the Complainant asserts Rights in the name at the third level in accordance with clause 4.1 above.

4.4              When making a Complaint under clause 4.3:

4.4.1             The Complainant must provide evidence:

4.4.1.1                that the Complainant has asked the Registrant to stop using the Domain Name (and any sub-domain) in a manner that infringes the Complainant’s Rights; and

4.4.1.2                of any response from the Registrant. 

4.4.2             The only remedy that will be granted is an order demanding the deletion of the applicable third level sub-domain, and that the name not be reinstated at any time.

4.4.3             Should the Registrant not delete the sub-domain after an order to do so, or should it be reinstated at any time, the Domain Name will be removed from the DNS so the name will not resolve.  The Domain Name will only be reinstated to the DNS when the Domain Name Commission is satisfied that the Expert’s order has been complied with.

4.5              The DNC recommends that both Parties use the guidance and help information, which can be found on the DNC website.

 

5.                 Evidence of Unfair Registration

 

5.1.             A non-exhaustive list of factors which may be evidence that the Domain Name is an Unfair Registration is set out in paragraphs 5.1.1 – 5.1.5;

 

 

 

 

 

NOTE: NO PROPOSED AMENDMENTS TO REMAINDER OF POLICY SO DELETED FOR THIS PAPER

Full version of the policy is at http://dnc.org.nz/story/policy