The Domain Name System (DNS) and Administering the root ccTLD .ph

Introduction to domain names

The Internet provides diverse content that changes hour after hour and renders the Internet to be, in its totality, a virtual heap of sparsely organized data and resources. One can only imagine the tedious process and the near impossible feat of memorizing numerical IP (Internet Protocol) addresses, like 209.50.251.234, to reach sought resources or websites, if host names or domain names, like www.arellanolaw.net, do not exist. [ 1 ]

A domain name identifies one or more IP addresses [ 2 ] and is used in the global addresses of documents and other resources in the World Wide Web, or the Uniform Resource Locators (URLs), which identify particular Web pages. Every domain name has a suffix that indicates which top level domain (TLD) it belongs to: such as .com for commercial business, .net for network organizations, .org for non-profit organizations, .gov for government agencies, .edu for educational institutions, to name a few. A domain name may further admit an additional suffix that indicates country code Top-Level Domain (ccTLD), a two-letter codes in the ISO 3166-1 standard codes for the representation of names of countries or territories, such as .ph for the Philippines.

The Internet Corporation for Assigned Names and Numbers (ICANN) is the internationally organized, non-profit corporation that has responsibility for Internet Protocol (IP) address space allocation, protocol identifier assignment, generic (gTLD) and country code (ccTLD) Top-Level Domain name system management, and root server system management functions. These services were originally performed under United States Government contract by the Internet Assigned Numbers Authority (IANA) and other entities. As a private-public partnership, ICANN is dedicated to preserving the operational stability of the Internet, to promoting competition; to achieving broad representation of global Internet communities, and to developing policy appropriate to its mission through bottom-up, consensus-based processes. [ 3 ] DotPH Inc. is the ICANN Designated Registry Operator of the .ph ccTLD since 1990.

Trade names and trademarks vis-a-vis domain names

A domain name locates an organization or other entity on the Internet, usually by appending a gTLD suffix (such as .com, .net or .org) to said organization’s trade name. The selection and acquisition of domain names, thus, stir up property issues as it involves goodwill, trade names and trademarks, which are recognized intangible properties. [ 4 ] As the registries for trademarks / tradenames and domain names are separate and distinct but that both recognize the “first to file” rule, the situation provides opportunity for enterprising entities to purchase domain names that may correspond to another entity’s trademark purposed for a possible resale of such domain name at a higher price to an obviously interested entity, or purposed for a virtual forum containing adverse opinions against said obviously interested entity. The institutionalization of procedures as to Uniform Domain Name Dispute Resolution and the deployment of Nameholder warranty clauses in registration contracts with domain registries minimize, but do not eliminate, the conflicting interests between trademark owners and domain name registrants.

Chronic intellectual property issues still remain involving the gTLD names – which are supposed to be United States TLDs – because the registries of which are open or available to all possible registrants worldwide. A clear development in the protection of country specific domains involves that of the .us TLD of the United States. The United States, through its appointed central registrar Neustar, provided stricter guidelines for .us TLD registration. For an entity to register a .us domain name, the entity should either be (1) a natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions; or (2) a United States entity or organization that is (i) incorporated within one of the 50 US states, the District of Columbia, or any of the United States possessions or territories, or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States or a political subdivision thereof, and non-commercial organizations based in the United States); or (3) a foreign entity or organization that has a bona fide presence in the United States of America or any of its possessions or territories. [ 5 ] On the other hand, for an entity to register a .ph domain name in the Philippines, the Domain Name Applicant need only to be either (1) an identifiable human individual (over the age of 18 years); or (2) a legally recognized statutory entity (such as a corporation, limited liability company, partnership, or PLC). [ 6 ]

gTLD name registrations from the Philippines are relatively high inasmuch as having a gTLD name is perceived to have a greater prestige than having a ccTLD name in light of the former’s “international” stature; or on the economic side, that the cost of purchasing a gTLD name is relatively cheaper than purchasing a ccTLD name. [ 7 ]

Domain name wait-list

ICANN approved the creation of VeriSign Inc.'s "wait-listing service" on 6 March 2004, allowing people to bid on domain names that are about to expire. Only one person is allowed to speculate or reserve a domain name, owned by somebody else, at a time. Speculation is fraught with risk as one is not sure whether a domain name would even return to open market. Speculators would pay $20 a year, excluding markup, year on end without any return on their investment.

The waitlist service is not new in the Philippines. DotPH has been offering a wait-list service since September 2002, where a prospective registrant who signs up for the Waitlist is first in line to get a domain that expires and is not renewed. The cost of signing up for the Waitlist service is the same as registering a domain. If the current registrant renews the domain or the person on the Waitlist simply gets tired of waiting for the domain to expire, he can use the Waitlist fee to register an available domain. The registrant can even choose to Waitlist another domain instead, at no extra charge. [ 8 ] The US model on the wait-list service is different inasmuch as one cannot recover the wait-listing fee if the current registrant of the coveted domain name renew his subscription. The opportunity to shift the application of the wait-listing fee in the Philippines to an available domain name or to another domain name that may be waitlisted very much considers paragraph 3, Article 1461 of the New Civil Code of the Philippines (RA No. 386) which provides that the “sale of a vain hope or expectancy is void.”

Proposed Philippine government control on the .ph ccTLD

On 13 January 2004, the National Telecommunications Commission (NTC) issued a working draft of its “Guidelines in the Administration of the .Ph Domain Name.” The NTC stated in the guidelines’ preamble that the .ph domain name is a public resource and is part of the Philippine national patrimony; that the State has the sovereign right over Internet-related public policy issues; that the Internet community must be ensured with an efficient, stable, fair and transparent administration of the .ph domain; and that the administrator of the .ph domain is the trustee of the country code top level domain for the Philippines and the global Internet community, and thus is accountable to the local Internet community and must be able to carry out the necessary responsibilities, and have the ability to do an equitable, just, honest and competent job. It outlined the qualifications, delegation and recognition, and technical competence of the Administrator; the management and delineation of functions as to the registry and the various registrars; the registration of domain names, and all matters pertaining to transparency and accountability, fairness, service, privacy in the registration thereof; the use, marketing and promotion of the .ph domain; dispute resolution; and re-delegation of the registry.

On 4 February 2004, the PH domain Registry (dotPH) submitted its comments stating thereon, among others, that specific problems must be identified and solutions found via a collaborative effort of both parties. DotPH announced its intention not to attend the 30 March 2004 hearing as (1) no problems in PH domain operation/administration have been pointed out by the government despite DotPH’s repeated requests; (2) that the government has not shown that there is a need for Guidelines at all and that these will not result in new, additional problems; and that government has not responded to inputs previously given, preventing the Guidelines to be discussed on its own merits. DotPH however reiterated its intent to continue participating in the process, hoping for a comprehensive solution.

The crux of contention revolves around the issue whether the .ph domain is “part of Philippine patrimony” subject to “sovereign right” of the State; or whether the .ph domain is a US Government resource inasmuch as ICANN reports its proposed actions on domain registry re-delegation, including ccTLDs, to the US Department of Commerce. From thereon flows the issue whether the Philippine Government, in the exercise of its police power, is the ultimate authority on the .ph ccTLD so as to formulate separate guidelines on the re-delegation of the administration of the Registry; or whether the delegation or re-delegation of the ccTLD is within the jurisdiction of ICANN where the government is only in the same level as the local Internet community, whose interest is given equitable consideration in the processing of a request for re-delegation.

It must be noted that ICANN handles all requests for redelegation and thus, has the responsibility to neutrally investigate and assess requests on all matters relating to changes in the DNS root, including ccTLD delegations and redelegations. It uses RFC 1591 [ 9 ] as a basis, along with ICP-1, [ 10 ] and the ICANN Governmental Advisory Committee Principles for the Delegation and Administration of Country Code Top Level Domains (GAC Principles).

Global issue whether national governments or the private sector should control the Internet

The issue whether government(s) or the private sector should control the Internet is not locally isolated. In December 2003, United Nations (UN) member countries requested the UN Secretary General to put together a panel of experts from government, industry and the public to study who should control the regulation of the Internet. Some developing countries have urged the UN to assume control over many of ICANN's primary functions, but US and European leaders have urged the UN to affirm ICANN's role. The high-tech summit reconvenes in Tunisia in 2005.

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Endnotes

1. It must be noted, however, that the Internet is based on IP addresses, and not on domain names, and thus every Web server requires a Domain Name System (DNS) server to translate domain names into IP addresses so that such computers in the Internet may be able to communicate with each other.

2. Identifiers for computers or devices on a Transmission Control Protocol/Internet Protocol [TCP/IP] network, the format of which is a numeric address written as four numbers – each between 0 and 255 – separated by periods. Definitions for “domain name”, “IP addresses,” “TLD,” and “URL” acquired or retrieved on 28 March 2004 from www.webopedia.com. Copyright, 2004 Jupitermedia . All rights reserved. Reprinted with permission from http://www.internet.com.

3. ICANN website. Retrieved on 28 March 2004 . www.icann.org/general/

4. Article 520 to 522 of the Civil Code of the Philippines; Sections 121 to 160 of the Philippine Intellectual Property Code (R.A. No. 8293).

5. Neustar website. Retrieved on 28 March 2004 . http://www.neustar.us/

6. Policies, DotPH website. Retrieved 28 March 2004. http://www.domains.ph/Policies4.asp

7. .com, .net registration may be as low as PhP 800 per year (or US$14.28 as of late March 2004 exchange rates) while .ph remains at US$70 per two years.

8. News, dotPH website. Retrieved on 28 March 2004. http://www.domains.ph/news.asp?more=http://registrarnews.ph/dotphnews/ar...

9. “Request for Comments.” RFC 1591, entitled “Domain Name System Structure and Delegation” was issued by Dr. Jon Postel on March 1994.

10. Entitled “Internet Domain Name System Structure and Delegation” (ccTLD Administration and Delegation, May 1999).