Propuesta T

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wwTLD Meeting Luxembourg 9 July 2005
DOMAIN NAMES UNDER .es
Dr. Alberto Pérez Gómez Deputy Director for
International Relations RED.ES alberto.perez_at_red.e
s
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What registration model for a ccTLD Registry?

• Open vs. restrictive registration models.
• Lightweight registration rules vs. strictly
  regulated registration criteria
• Risk of cybersquatting vs. high protection of
  trademarks and company names.
• Open to everyone vs. limitation of potential
  users.
• Fast registration vs. slower registration (in
  particular, if there are manual checks)
• Low prices vs. high prices.
• Who decides the registration model?
• Registry managers, stakeholders, public
  authorities Depending on the ccTLD

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.es Domain Names Public Authorities

• In Spain, the .es ccTLD is controlled by public
  authorities
• The basic rules concerning the registration rules
  and fees for .es domain names have been
  approved by the Parliament, and have been
  implemented by the Government
• The entity in charge of managing the .es
  Registry is Red.es (http//www.red.es), a public
  body in charge of promoting Information Society
  in Spain
• Red.es belongs to the State Department for
  Telecommunications and Information Society
  SETSI of the Ministry of Industry, Tourism and
  Commerce (http//www.setsi.mityc.es).
• Red.es was created by an Act of Parliament (Act
  14/2000) and it has its own legal personality
• Red.es has some specific legal duties related to
  domain names (to manage the .es Registry, to
  advice the Spanish GAC representatives, to
  participate in international bodies related to
  the DNS, etc.). See http//www.nic.es
• Public authorities regulate and manage the .es
  Top Level Domain because
• it is considered as a key asset for the promotion
  of Information Society in Spain, and
• it is thought to be the best way to ensure the
  stability of its operation and to avoid the risk
  of technical failures or bankruptcy of the TLD
  Registry.
• Public authorities have established procedures to
  ensure that interested parties can participate in
  the approval of the registration rules
• The draft registration rules are published in the
  website of the SETSI for a month, in order to
  receive comments. Red.es, as .es Registry,
  provides comments has a continuous dialogue
  with SETSI
• The draft rules are then sent to the Advisory
  Council on Telecommunications and Information
  Society, where the main IT companies and Internet
  users associations are represented
• The last version of the draft registration rules
  is sent to the Council of State

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Basic legislation relating to .es domain names

• In July 2002, the Spanish Parliament approved the
  Act 34/2002, on Information Society Services and
  Electronic Commerce, whose Sixth Additional
  Provision establishes the basic principles
  relating to the assignment of domain names under
  .es.
• See an English version of this Act at
  http//www.itu.int/itudoc/itu-t/workshop/cctld/cct
  ld9r1.html
• In March 2003, this Act was implemented by means
  of the Ministerial Order CTE/662/2003 on the
  National Plan on Internet Domain Names under
  .es.
• This 2003 National Plan eliminated some
  restrictions in the registration rules which
  apply to second level domains under .es (which
  nevertheless remain rather restrictive)
• The 2003 National Plan created third-level
  domains under .es (.com.es, .nom.es, .org.es)
  which followed the open model (lightweight
  rules, automated registration procedure, low
  prices)
• The Government has now decided to change the
  National Plan in order to extend the open model
  to second level domain under .es
• New Ministerial Orders on registration rules and
  fees have been passed last month
• Order ITC/1542/2005, of 19 May, on the National
  Plan on Internet Domain Names under .es -
  https//www.nic.es/documentacion/archivos/nuevo_pl
  an_nombres.pdf
• Order PRE/1641/2005, of 31 May, on the amendment
  of the Order PRE/2440/2003, on fees for es
  domain names
• https//www.nic.es/avisos/boe_31_05_2005.pdf
• The Government considers that the experience of
  open third level domain names has been positive
  now it wants to follow the same criteria for
  the assignment of second level domain names under
  .es
• There is a shift in the policy concerning .es
  domain names the current legislations puts the
  stress on security (for e-commerce users and
  trademark owners), and the new one will put it on
  flexibility

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The old National Plan on Domain Names under .es
(I)
Strict control

• .es domain names
• Second level domain name
• .es red.es
• Third level domain name
• .com.es myownbusiness.com.es
• .nom.es albertoperez.nom.es
• .org.es nongovernmentalorganization.org.es
• .gob.es senado.gob.es
• .edu.es iese.edu.es

Without prior control
Prior control
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The old National Plan on Domain Names under .es
(II)

• Former registration rules for second level domain
  names under .es
• Safe domain names.
• They were only assigned after a manual check of
  the fulfillment of registration criteria
• The Registry checked the identity and
  legitimation of applicant.
• Spanish persons or foreign persons legally
  established in Spain.
• Entities with or without personality according to
  Spanish law.
• Public institutions and foreign entities
  (Embassies or Consulates in Spain, etc.)
• Derivation of second level domain names which
  had to coincide with
• Full name of the organisation as it appears in
  its acts of constitution (or an abbreviated form
  of that name).
• Trademarks, commercial names or denominations of
  origin.
• Names and surnames as they appear in their
  Identity or Residency card.
• Domain names had to comply with the prohibitions
  established by the old National Plan.
• Syntax rules
• Top level domains (.com, .de, etc.).
• Toponyms corresponding to countries or
  territories included in the ISO 3166-1 list or to
  any Spanish Territorial Public Administration.
• Generic terms.
• Internet terminology.
• Names which are notoriously associated to another
  trademark.

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Statistics

• There are approx. 90.000 .es domain names
• The maximum growth was reached in 2003, due to
  introduction of the .es third level domain
  names.
• During 2004 and 2005 there has been less growth.

29.260

• Approx. 30 of the registered domain names are
  open third level domain names under .es,
  whose assignment is simpler and cheaper.

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Why were the old registration rules changed?

• Strict registration rules limited the number of
  active registries
• The domain name had to coincide with the
  applicants name or trademark as registered.
• Prior manual checks
• Prohibitions (generic terms, toponyms) .

Liberalize .es registration rules

• High fees charged to registrars and end-customers
  
• In Spain, the average end-customer price for
  .es second level domain was 3,3 times higher
  than for .com.

Reduce fees
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Main changes introduced by the new National Plan
on Domain Names under .es

• Liberalization of registration rules for second
  level domains under .es
• No prior manual check.
• Eliminates derivation rules (coincidence between
  trademark or applicants name with domain name).
• Eliminates some prohibitions (toponyms, generic
  terms)
• .es second level domain name can be assigned to
  any entity or person having interests or
  maintaining links with Spain.
• Introduction of a extra-judicial Dispute
  Resolution Procedure to help trademark owners to
  defend their rights against cybersquatters
• Administrative contact must be located in Spain
  in order to make it easier for the Registry or
  for third parties to communicate with domain name
  holders.
• Holder can transfer the domain name to any third
  party (only acceptance of the last administrative
  contact is required).

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New registration and renewal fees for domain
names under .es (VAT excluded)
.es New Fees Old Fees
End-user 27,59 94,83
Registrar 4,09 51,72
End-user (name and surname) 27,59 34,48
Registrar (name and surname) 4,09 17,24
.edu.es y .gob.es New Fees Old Fees
End-user 30,17 51,72
Registrar 10,34 17,24
.com.es, .org.es y .nom.es New Fees Old Fees
End-user 11,64 21,55
Registrar 1,29 5,17
Special domain names New Fees Old Fees
End-user 27,59 172,41
Registrar 4,09 155,17
Under old fees there is an indication of the
old fees for registration of a new domain name
the renewal fees were usually about 10
lower This is the wholesale price charged by
the Registry to the accredited .es Registrars,
which set their retail prices.
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Sunrise period
7 June Entry into force of the new registration rules and fees New fees already apply but registration rules only apply once the sunrise period is over
7 June 7 July Public bodies may apply for domain names which coincide with their name or trademarks (the former prohibition of generic names does not apply)
September 2005 (lasting 45 days) Private persons and companies may apply for domain names which coincide with their name or trademark (no prohibition of generic names, no obligation to be established in Spain)
November 2005 Full application of the new domain name registration rules
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The new rules are already having a positive
impact in the number of registrations

• .

El registro de dominios '.es' se duplica en el
mes de junio debido a la rebaja de precios
El registro de dominios '.es' se duplica en junio
tras una bajada de precios  
El registro de dominios .es se duplica en junio
tras la bajada de precios
El número de registros de dominio ".es" se
duplicó en junio por una bajada de precios
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Our strategy

• Our strategy is based on five guidelines
• Stable technical operation of the Registry.
• Improvement of the quality of service.
• Innovation through additional value services.
• Sustainable growth.
• Focus on registrars.

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• More information at
• http//www.red.es
• http//www.nic.es
• http//www.setsi.mityc.es