federal register July 2,1997 Wednesday DomainNames;Notice Registration andAdministrationof Request forCommentsonthe Commerce Department of Part II 35895 35896 Federal Register / Vol. 62, No. 127 / Wednesday, July 2, 1997 / Notices

DEPARTMENT OF COMMERCE Background The United States Government seeks the views of the public regarding these The rapid growth in the use of the [Docket No. 970613137±7137±01] proposals and broader policy issues as Internet has led to increasing public well. Specifically, the Government seeks concern about the current Internet on the information on the following issues: domain name registration systems. Registration and Administration of According to Internet Monthly Report, A. Appropriate Principles Internet Domain Names registration of domain names within a The Government seeks comment on AGENCY: Department of Commerce. few top-level domains (.com, .net, .org) the principles by which it should has increased from approximately 400 evaluate proposals for the registration ACTION: Notice; request for public per month in 1993 to as many as 70,000 comment. and administration of Internet domain per month in 1996, the overwhelming names. Are the following principles majority in the .com category. The SUMMARY: appropriate? Are they complete? If not, The Department of Commerce enormous growth and requests comments on the current and how should they be revised? How might commercialization of the Internet has such principles best be fostered? future system(s) for the registration of raised numerous questions about Internet domain names. The Department a. Competition in and expansion of current domain name registration the domain name registration system invites the public to submit written systems. In addition, the present system comments in paper or electronic form.1 should be encouraged. Conflicting will likely undergo modification when domains, systems, and registries should DATES: Comments must be received by the National Science Foundation’s not be permitted to jeopardize the August 18, 1997. cooperative agreement (NSF agreement) interoperation of the Internet, however. ADDRESSES: Mail written comments to with Network Solutions Inc. to register The addressing scheme should not Patrice Washington, Office of Public and administer second-level domains prevent any user from connecting to any Affairs, National for three top-level domains expires in other site. and Information Administration (NTIA), 1998. Resolution of these issues will b. The private sector, with input from Room 4898, 14th St. and Constitution also affect the future operation of the governments, should develop stable, Ave., NW, Washington, DC 20230. See National Information Infrastructure (NII) consensus-based self-governing SUPPLEMENTARY INFORMATION for and the Global Information mechanisms for domain name electronic access and filing addresses Infrastructure (GII). registration and management that and further information on submitting The United States Government played adequately defines responsibilities and comments. a central role in the initial development, maintains accountability. FOR FURTHER INFORMATION CONTACT: deployment, and operation of domain c. These self-governance mechanisms Paula Bruening, NTIA, (202) 482–1816. name registration systems, and through should recognize the inherently global the NSF agreement as well as Defense nature of the Internet and be able to SUPPLEMENTARY INFORMATION: Advanced Research Projects Agency evolve as necessary over time. Electronic Access and Filing Addresses (DARPA) agreement(s) continues to play d. The overall framework for a role. In recent years, however, Internet accommodating competition should be The address for comments submitted expansion has been driven primarily by open, robust, efficient, and fair. in electronic form is [email protected]. the private sector. The Internet has e. The overall policy framework as Comments submitted in electronic form operated by consensus rather than by well as name allocation and should be in WordPerfect, Microsoft government regulation. Many believe management mechanisms should Word, or ASCII format. Detailed that the Internet’s decentralized promote prompt, fair, and efficient information about electronic filing is structure accounts at least in part for its resolution of conflicts, including available on the NTIA website, http:// rapid growth. conflicts over proprietary rights. www.ntia.doc.gov. f. A framework should be adopted as The Government has supported the quickly as prudent consideration of Further Information on Submitting privatization and commercialization of these issues permits. Comments the Internet through actions such as the transition from the NSFNET backbone B. General/Organizational Framework Submit written comments in paper or to commercial backbones. The Issues electronic form at the above addresses. Government supports continued private Paper submissions should include three 1. What are the advantages and sector leadership for the Internet and paper copies and a version on diskette disadvantages of current domain name believes that the transition to private in the formats specified above. To assist registration systems? sector control should continue. The reviewers, comments should be 2. How might current domain name stability of the Internet depends on a numbered and organized in response to systems be improved? fully interconnected and interoperable questions in accordance with the five 3. By what entity, entities, or types of that must be sections of this notice (Appropriate entities should current domain name preserved during any transition. Principles, General/Organizational systems be administered? What should Framework Issues, Creation of New Various private sector groups have the makeup of such an entity be? gTLDs, Policies for Registries, and proposed systems for allocating and 4. Are there decision-making Trademark Issues). Commenters should managing generic top level domains processes that can serve as models for address each section on a separate page (gTLDs). The Government is studying deciding on domain name registration and should indicate at the beginning of the proposals and the underlying issues systems (e.g., network numbering plan, their submission to which questions to determine what role, if any, it should standard-setting processes, spectrum they are responding. play. The Government has not endorsed allocation)? Are there private/public any plan at this time but believes that sector administered models or regimes 1 This request for public comment is not intended it is very important to reach consensus that can be used for domain name to supplant or otherwise affect the work of other on these policy issues as soon as registration (e.g., network numbering public advisory groups, established under law. possible. plan, standard setting processes, or Federal Register / Vol. 62, No. 127 / Wednesday, July 2, 1997 / Notices 35897 spectrum allocation processes)? What is D. Policies for Registries conflict? Automatic referral to dispute the proper role of national or 15. Should a gTLD registrar have settlement? international governmental/non- exclusive control over a particular 23. Aside from a preliminary review governmental organizations, if any, in gTLD? Are there any technical process, how should trademark rights be national and international domain name limitations on using shared registries for protected on the Internet vis-a-vis registration systems? some or all gTLDs? Can exclusive and domain names? What entity(ies), if any, 5. Should generic top level domains non-exclusive gTLDs coexist? should resolve disputes? Are national (gTLDs), (e.g., .com), be retired from 16. Should there be threshold courts the only appropriate forum for circulation? Should geographic or requirements for domain name such disputes? Specifically, is there a country codes (e.g., .US) be required? If registrars, and what responsibilities role for national/international so, what should happen to the .com should such registrars have? Who will registry? Are gTLD management issues governmental/nongovernmental determine these and how? organizations? separable from questions about 17. Are there technical limitations on 24. How can conflicts over trademarks International Standards Organization the possible number of domain name best be prevented? What information (ISO) country code domains? registrars? 6. Are there any technological 18. Are there technical, business and/ resources (e.g. databases of registered solutions to current domain name or policy issues about the name space domain names, registered trademarks, registration issues? Are there any issues raised by increasing the number of trade names) could help reduce concerning the relationship of registrars domain name registrars? potential conflicts? If there should be a and gTLDs with root servers? 19. Should there be a limit on the database(s), who should create the 7. How can we ensure the scalability number of different gTLDs a given database(s)? How should such a of the domain name system name and registrar can administer? Does this database(s) be used? address spaces as well as ensure that depend on whether the registrar has root servers continue to interoperate and 25. Should domain name applicants exclusive or non-exclusive rights to the coordinate? be required to demonstrate that they 8. How should the transition to any gTLD? have a basis for requesting a particular new systems be accomplished? 20. Are there any other issues that domain name? If so, what information 9. Are there any other issues that should be addressed in this area? should be supplied? Who should should be addressed in this area? E. Trademark Issues evaluate the information? On the basis of what criteria? C. Creation of New gTLDs 21. What trademark rights (e.g., registered trademarks, common law 26. How would the number of 10. Are there technical, practical, and/ different gTLDs and the number of or policy considerations that constrain trademarks, geographic indications, etc.), if any, should be protected on the registrars affect the number and cost of the total number of different gTLDs that resolving trademark disputes? can be created? Internet vis-a-vis domain names? 11. Should additional gTLDs be 22. Should some process of 27. Where there are valid, but created? preliminary review of an application for conflicting trademark rights for a single 12. Are there technical, business, and/ registration of a domain name be domain name, are there any or policy issues about guaranteeing the required, before allocation, to determine technological solutions? scalability of the name space associated if it conflicts with a trademark, a trade 28. Are there any other issues that with increasing the number of gTLDs? name, a geographic indication, etc.? If should be addressed in this area? 13. Are gTLD management issues so, what standards should be used? Who William M. Daley, separable from questions about ISO should conduct the preliminary review? country code domains? If a conflict is found, what should be Secretary. 14. Are there any other issues that done, e.g., domain name applicant and/ [FR Doc. 97–17215 Filed 7–1–97; 8:45 am] should be addressed in this area? or trademark owner notified of the BILLING CODE 3510±60±U