Working Draft As of 6 February 2004

Guidelines in the Administration of the .Ph Domain Name WHEREAS: 1. 2. 3. The .ph domain name is a public resource and is part of the Philippine national patrimony. The State has the sovereign right over Internet-related public policy issues. The administrator of the .ph domain, as defined hereunder, is the trustee of the country code top level domain for the Philippines and the global Internet community. As such trustee, the administrator of the .ph domain name 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. The local Internet community must be ensured with an efficient, stable, fair and transparent administration of the .ph domain, consistent with the policy to uphold and maintain consumer rights. In order to ensure that the .ph domain is administered in accordance with these principles, these Guidelines are hereby adopted. Article I. Definition of Terms ccTLD - A country code top level domain in the top level of the global domain name system, assigned according to the two-letter codes in the ISO 3166-1 standard codes for the representation of names of countries or territories. The .ph domain is the ccTLD for the Philippines. ccTLD Registry - The system on which is recorded domain names for the country code top level domain name, according to policies and rules, and following procedures, established with the Local Internet Community (as defined below). The ccTLD Registry is administered by the ccTLD Administrator or ccTLD Manager. ccTLD Administrator or Manager, referred to in these Guidelines as the Administrator - A company, organization or juridical entity managing a ccTLD Registry.

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Communication or Correspondence refers to the law, regulation, agreement, document, contract, memorandum of understanding, or any other written instrument, as appropriate, among the Administrator, the Philippine government and ICANN. The Communication or Correspondence shall be subject to periodic review by the parties. Delegation - refers to the delegation by ICANN/IANA of responsibility for the administration of a top level domain in the DNS root. Designation - means designation by the relevant government or public authority of the Delegee. Delegee - means the duly incorporated or organized entity, organization, or enterprise designated by the Relevant Government or Public Authority to exercise the public trust function of a ccTLD Administrator and consequently recognized through a Communication between ICANN, the designated entity, and the Philippine government for that purpose. The Delegee also refers to the ccTLD Administrator or ccTLD Manager. DNS - means domain name system. DNS Records - the database of domain names maintained by the ccTLD Administrator. Relevant Government or Public Authority - means the national government of the Republic of the Philippines and the relevant public agency and/or instrumentality thereof, with the responsibility over Internet-related concerns. Registrant - A company, organization or individual for whom a name has been registered as a domain name in the ccTLD domain name register. Registrar - refers to a person or entity that contracts with Registrants and with the ccTLD Administrator and collects registration data about the Registrant and submits registration information for entry in the Registry database ICANN - Internet Corporation for Assigned Names and Numbers. IANA - Internet Assigned Numbers Authority, which was incorporated into ICANN in 1999. Local Internet Community - refers to the Internet industry and its users, including the government and the academe. Zone File the complete and authoritative resource records for a domain. Article II. Qualifications of the Administrator

Section 1. The Administrator must be a duly organized non-stock, non-profit Philippine corporation. At least sixty percent (60%) of its members must be Philippine citizens. No member of the board of trustees of the registry must be related up to the second degree of consanguinity or affinity or have any interest in any Registrar or the Registrar business. Section 2. The Administrator must obtain the necessary government registrations, permits and licenses, and comply with all legal requirements for non-stock, non-profit Philippine corporations. Section 3. There must be an administrative contact and a technical contact for the .ph domain, duly approved by the Relevant Government or Public Authority. The administrative and technical contacts must be residents of the Philippines their contact information must be made publicly available. Section 4. The Administrator must not show any bias regarding requests coming from customers or businesses related to the Administrator. Article III. Delegation and Recognition of the Administrator Section 1. The current Administrator must secure recognition from the Philippine government as the legitimate Delegee, in accordance with these Guidelines.1 The procedures for the replacement of the Administrator shall be the subject of separate guidelines to be drafted by the Relevant Government or Public Authority in the future, taking into consideration relevant policies of ICANN and IANA. Section 2. The designation and resulting relationship between the designated Administrator and the national government of the Philippines shall be documented by way of Communication or Correspondence, as the term is defined herein. The Communication shall make reference to these Guidelines and be binding upon the Administrator and submitted to ICANN/IANA. A written Communication or Correspondence should likewise be obtained or secured by the designated Administrator from ICANN/IANA to document the delegation. It is envisioned that no delegation from ICANN/IANA shall be deemed valid within the Philippines unless the Delegee has been previously duly designated by the Relevant Public or Government Authority in the Philippines. The Communication or Correspondence between the Philippine government and the Administrator shall be governed by Philippine laws. Article IV. Technical Competence

It is proposed that this first sentence be deleted since the premise of these Guidelines is the NEDA Option 3, which involves maintenance of status quo and to harmonize with Article XIII, Section 1 on the Interim Provisions.

Section 1. The Administrator must do a satisfactory job of operating the DNS service for the domain. Duties such as the assignment of domain names, delegation of subdomains and operation of nameservers must be done with technical competence. Section 2. The Administrator must supervise the domain names and operate the domain name system in the Philippines with competence and in accordance with these Guidelines. Equipment used by the Administrator must reflect at least the state of the art prevailing in the DNS globally. Section 3. The Administrator must be on the Internet. There must be Internet Protocol (IP) connectivity to the nameservers and email connectivity to the management and staff of the Administrator. Section 4. At a minimum, the ccTLD Administrator must provide permanent connectivity to at least two (2) nameservers and the registry servers, twenty four (24) hours per day, seven (7) days per week. There should be published e-mail and web address contacts, updated facsimile numbers, phone numbers, mobile numbers, and office addresses, and these should be permanently accessible to the public. Section 5. The primary servers should be in the Philippines, while secondary servers may be located outside of the country. However, the Relevant Public or Government Authority must have access to Registrants contact information and the Administrator must furnish the Relevant Government or Public Authority such information on a quarterly basis, and in such format as will be designated by the Relevant Government or Public Authority. Section 6. The Administrator must keep IANA/ICANN advised of the status of the domain, responding to requests in a timely manner, and operating the database with accuracy, robustness and resilience. Section 7. The Administrator must take all reasonable professional measures to ensure that all registry data is secured against damage or loss, including using the best technology in prevailing use for such purposes. Section 8. The Administrator has the sole obligation to manage and maintain the Registry and may not subcontract any aspect of the management and maintenance of the Registry. Section 9. The Administrator is required to submit and provide updates on how it will ensure the accuracy, robustness, resilience and reliability of the DNS to the relevant government or public authority. Towards this end, the Administrator is required to submit documents pertaining to the network design, backup and disaster recovery strategy and recovery commitments, physical and network based security strategies, and related documents and declarations that support compliance with ICP1. The Relevant Government or Public Authority reserves the right to request additional documentation and declarations from the Administrator in line with this requirement. Section 10. The Registry shall use a shared registry system to allow multiple Registrars access to the Registry.

Article V. Management and Delineation of Functions Section 1. There shall only be one Registry. Multiple Registrars shall be encouraged to facilitate competition. Section 2. All policies to be implemented by the Administrator shall be in consultation with the local Internet community and shall be submitted to the relevant government or public authority, at least thirty (30) days before implementation. Such policies must be available for public inspection on the Internet. Section 3. The price to be offered by the Administrator to the Registrars shall be the subject of negotiations between the Relevant Government or Public Authority and the Administrator in their Communication or Correspondence. Article VI. Registration of Domain Names Section 1. The Administrator must register domain names in an efficient and timely manner and follow policies, rules and procedures that have been established and published in a transparent manner in consultation with the local Internet community. Section 2. The Administrator must collect the necessary information to ensure that the Registrant can be authoritatively identified. Section 3. The Administrator must have a standard contract with Registrants. Section 4. The Administrator should recognize that the management and administration of a ccTLD Registry is a special function and, as such, imposes unique duties and responsibilities. It is a function which should not be abused. Article VII. Use, Marketing and Promotion of the .ph Domain Section 1. The .ph domain should be protected as part of the public resource, representing the Philippines in the global domain name system. Article VIII. Transparency and Accountability Section 1. The Administrator must keep the Relevant Government or Public Authority advised of any changes to the information concerning the domain that is maintained in IANAs register database, and must respond to requests for information from the Relevant Government or Public Authority and ICANN relating to the status and technical operations of the domain in a timely manner. Section 2. The Relevant Government or Public Authority and ICANN must have access to all zones on a continuing basis so that the domain can be easily checked for operational status and database accuracy.

Section 3. Any guidelines or policies from ICANN or IANA to be implemented by the Administrator must be consistent with these Guidelines. In the event of conflict, these Guidelines shall prevail, provided that the same shall not adversely affect the stability of the DNS. Section 4. The policies adopted by the Administrator must comply with these Guidelines and should be available for public inspection, or posted on the web. Section 5. Any practice or policy adopted by the Administrator that will directly affect the Local Internet Community must be communicated to the Relevant Government or Public Authority at least thirty (30) days before implementation, for appropriate action. Section 6. The WHOIS service should be required, maintained and kept publicly accessible. Section 7. The Administrator may be required to file reports or provide documents or data to the relevant government authority on a periodic basis, or as may otherwise be required, and in such format designated by the relevant government or public authority. Article IX. Fairness Section 1. The Administrator must be equitable and fair to all eligible registrants that request domain names. Policies defining which organizations, businesses, individuals, etc. are eligible to register domain names under the .ph ccTLD must be defined by the Administrator in consultation with the local Internet Community. Specifically, the registration of domain names should be based on objective criteria that are transparent and non-discriminatory. The definition must be documented, available for public inspection, and transparent to the Local Internet Community. Article X. Service Section 1. The Administrator should respond to requests for domain names in a timely and accurate manner. Section 2. The Administrator is required to activate registration requests from Registrars within twenty four (24) hours of receipt of such request. Suspension, deletion and updates of the zone files in the database are likewise expected to be acted upon within twenty four (24) hours. The Administrator is required to submit to the Relevant Government or Public Authority a system update document which includes the process flow illustrating the manner by which the Administrator intends to employ manual and/or automated technology to consistently deliver this turnaround requirement. Section 3. The Administrator is required to publish its support mechanisms and infrastructure. This includes a twenty four- (24-) hour, seven- (7-) day per week email

and phone hotline, and an escalation procedure that includes the email, phone and mobile numbers of the person or persons responsible for each escalation level. Section 4. The Relevant Government or Public Authority may formulate separate guidelines specifically for service requirements. Article XI. Privacy Section 1. The Administrator and Registrars must develop contractual relationships in which the privacy of Registrants is protected. Section 2. The Registry and the Registrars shall protect the privacy of each individual registrants by ensuring that data obtained from the registrants are for the sole purpose of fulfilling the requirements for a DNS registration. The unambiguous consent of the registrant must be obtained by the [ Registrant/ ]Registrar if the data are to be used for purposes other than for what they were originally solicited. The [Registrant/] Registrar must obtain the unambiguous consent of the registrant before the data obtained from the registrant is made available to any third party. The data collected from the registrant will be destroyed immediately after the registrant has ceased to be a registrant. Article XII. Ownership of DNS-Related Data Section 1. No rights or ownership, particularly in the domains and data pertinent thereto, shall vest in the Administrator, as trustee of the ccTLD for the local and global internet community, as well as in the technical or administrative contact by virtue of their administration or management of the ccTLD. Therefore, any claim of rights or ownership of the domains and data pertinent thereto by the Administrator shall be deemed inappropriate. Section 2. The Administrator has no ownership or other proprietary rights over the data in the registry. Article XIII. Dispute Resolution Section 1. The Administrator must define and publish its domain name dispute resolution policies and procedures, in consultation with the Local Internet Community. Mechanisms should be established by the Administrator to handle fairly and independently any such disputes arising between Registrants, or other parties, and the Administrator. Making judgments in relation to disputes between third parties and domain name Registrants are outside the remit of the Administrator. Such dispute resolution policies and procedures shall be based on a model to be provided by the Relevant Government or Public Authority. Section 2. The Administrator and the Registrars must extend cooperation in the settlement of disputes arising from domain names.

Section 3. The Relevant Government or Public Authority may draft separate guidelines on the (a) relationship between the Registry, Registrars and resellers, and, to the extent valid and without curtailing competition, (b) conduct of Registrars. Section 4. The Administrator shall cooperate with the Relevant Government or Public Authority in case of disputes with respect to intellectual property issues.

Article XII. Re-delegation Section 1. In cases where there is misconduct, or violation of these Guidelines, or persistent, recurring problems with the proper operation of a domain, re-delegation proceedings may be undertaken. Section 2. The Relevant Government or Public Authority shall draft re-delegation procedures internal to the .ph domain, rules and criteria at a later time. Article XIII. Interim Provisions Section 1. The current administrator shall remain as such and is hereby recognized by the Philippine government as the duly authorized administrator of the domain name system in the Philippines. Section 2. Unless otherwise posted on its website or previously provided to the Relevant Government or Public Authority, the current Administrator shall forward and submit to the Relevant Government or Public Authority a statement of policies and practices it observes for determination of their compliance with these Guidelines and general review and appropriate action by the Relevant Government or Public Authority. Section 3. The current Administrator shall be subject to, and immediately comply with, these Guidelines, unless otherwise provided herein (specify portions). Section 4. The current Administrator shall be given three (3) months from the effectivity of these Guidelines to act as Administrator and Registry. Prior to the end of such period, the Administrator must inform the Relevant Government or Public Authority whether it will act as an Administrator or Registrar, but not both. In the event the current Administrator chooses to remain as the Administrator of the ccTLD, he must fully comply with these Guidelines within three (3) months from the end of the initial three (3) month period herein specified. The Relevant Government or Public Authority may commence re-delegation procedures in the event of the Administrators failure to comply with the same within the periods herein provided. Section 5. New registrars shall be encouraged and accredited. Section 6. The Relevant Government or Public Authority may formulate separate guidelines on the re-delegation of the administration of the Registry.

Article XIV. Effectivity Section 1. These Guidelines shall be effective ---