DOMAIN NAMES UNDER “.es”

1. wwTLD Meeting Luxembourg – 9 July 2005 DOMAIN NAMES UNDER “.es” Dr. Alberto Pérez Gómez Deputy Director for International Relations RED.ES alberto.perez@red.es

2. 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

3. “.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 isRed.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

4. 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/cctld9r1.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_plan_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

5. 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

6. 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 theprohibitions 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.

7. Statistics • There are approx. 90.000 “.es” domain names • The maximum growthwas 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.

8. Why were the old registration rules changed? Liberalize “.es” registration rules • Strict registration rules limited the number of active registries: • The domain namehad to coincide with the applicant’s nameor trademark as registered. • Prior manual checks • Prohibitions (generic terms, toponyms) . • 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

9. 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 applicant’s 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).

10. New registration and renewal fees for domain names under “.es” (VAT excluded) * 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.

11. Sunrise period

12. 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

13. 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.

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