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Title: Regulations Supervising Internet Protocol Address and Top Level Domain Name Registration Services CH
Announced Date: 2020-07-09
Category: National Communications Commission(國家通訊傳播委員會)
Article 1
These Regulations are enacted in accordance with the provisions of Paragraph 4, Article 71 of the Telecommunication Management Act.
Article 2
The terms used in these Regulations are defined as follows:
1. IP Address: It refers to the address that is allocated to the device according to the Internet Protocol for identifying the location of the Internet device.
2. Autonomous System Number(ASN): An autonomous system is a collection of routers that use the same network protocol under a common administrative authority; an autonomous system number is a number for interconnection identification between autonomous systems, which is planned and allocated according to Internet Protocol.
3. Domain Name: It refers to the hierarchical naming system consisting of letters, numbers or special symbols, separated by "dot," according to Internet Protocol.
4. Domain Name System(DNS): It refers to a system mapping domain names and IP addresses according to Internet Protocol. Its functions are achieved through the cooperation between resolvers and name servers to query resource records.
5. Internet top level domain name(hereinafter referred to as Top Level Domain, TLD): It refers to the top of the domain name tree hierarchy, that is, the combination of letters or string after the "dot" at the right end of the domain name. The top-level domains are divided into country code top-level domains and generic top-level domains.
6. Country code Top Level Domain(ccTLD): It refers to the top-level domain name recognized by the Internet Corporation for Assigned Names and Numbers(hereinafter referred to as ICANN)to represent a country or independent economy.
7. Generic Top Level Domain(gTLD): It refers to the top-level domain name recognized by ICANN, other than those prescribed in the preceding paragraph.
8. Top Level Domain Registry Services(hereinafter referred to as domain registry services): It refers to the service items of providing the lower-level domain registry service, managing the registration data, and providing the normal operation of the name server and resource records of the domain name system under the top-level domain name.
9. Top Level Domain Name Registry: It refers to those recognized by ICANN to be engaged in domain name registration services. They are divided into country-code top-level domain name registry and generic top-level domain name registry, based on top-level domain name attributes. 2
10. Top-level domain name registrar(hereinafter referred to as Registrar): It refers to the legal person organization that is entrusted by the top-level domain name registry prescribed in the preceding subparagraph to be engaged in accepting registration.
11. IP address registry services(hereinafter referred to as IP address registry services): It refers to the issuance and management of registration information of IP addresses and autonomous system numbers, and services of providing related registry management.
12. IP address registry(hereinafter referred to as Internet Registry, IR): It refers to an organization recognized by regional internet registry and is engaged in the management of IP address registration.
13. National IP address registry(hereinafter referred to as National Internet Registry, NIR): It refers to the IP address registry recognized by regional internet registry to represent our country.
14. IP address agency issuer: It refers to the Internet service provider entrusted by the internet registry prescribed in Subparagraph 12 to agent the assignment of IP address.
15. Registrant: It refers to a registrant who has entered into a contract with the registry or the authorized registrar of Paragraph 9 or 12, to complete the registration of an IP address, autonomous system number, or top-level domain name.
16. Top-level domain name representing our country: It refers to the generic top-level domain name that is the same as the full name or abbreviation used by our country's participation in international organizations.
Article 3
Those which are not recognized by regional internet registry to have the rights to obtain and allocate IP addresses or autonomous system numbers should not be internet registries; those which are not recognized by ICANN to have the right of the top-level domain names within the scope of the registry management business they are applying for should not be the top-level domain name registries.
Article 4
The National Internet Registry or country-code top-level domain name registry should submit the following documents to the competent authority for reference:
1. Operation plan
2. Legal person registration or preparation certificate(government agencies are exempt)
The following items should be specified in the business plan prescribed in Subparagraph 1 of the preceding paragraph:
1. Name of legal person, name of representative and principal office
2. Service items and description
3. Overview of the system and network equipment(including the architecture diagrams of system and network equipment established in various locations and the equipment details)and the following systems' safety and redundant measures:
(1)Registry management business system
(2)Domain name system, whereas internet registries may be exempt from submitting this document 3
(3)Registration information query system
(4)A description of its ability to provide global Internet interconnection operation
The National Internet Registry or country-code top-level domain name registry should submit documents recognized by ICANN or regional internet registry to the competent authority for reference one month prior to the start of service.
If the content of the operation plan prescribed in Paragraph 1 and the relevant documents recognized by ICANN prescribed in Paragraph 3 are changed after the start of service, the said registry should report to the competent authority in writing for reference within three months after the change.
Article 5
The top-level domain name registry representing the top-level domain name of our country(hereinafter referred to as the top-level domain name registry representing our country)should prepare documents recognized by ICANN for the competent authority to check if necessary.
The generic top-level domain name registry should notify the competent authority in writing one month prior to providing external services.
Article 6
The top-level domain name registry or internet registry engaged in registry management business should not have the following behaviors:
1. Violating laws or regulations authorized by law
2. Jeopardizing the interconnection or operation of the Internet
3. Endangering national security or impeding public order
4. Contrary to public order or the accepted principles of morality
The country-code top-level domain name registry or National Internet Registry engaged in registry management business should ensure communication secrets and provide fair services. Those which violate regulations should make correction within a time limit in accordance with the notification of the competent authority.
The country-code top-level domain name registry or National Internet Registry should not entrust others to operate except in accordance with the provisions of Paragraph 1, Article 9, or paragraph 1 of Article 10.
Article 7
The country-code top-level domain name registry or National Internet Registry should formulate operation rules on its registry business, and should report to the competent authority for reference 14 days prior to the date it starts to provide the service; the same shall apply to changes.
Fair and reasonable service conditions should be established in the operation rules and the following matters should also be specified:
1. Service content provided
2. Various service charges
3. Restrictions and conditions for the use of registrant's basic information
4. Handling of the registrant's dispute appeals
5. Domain name dispute resolution mechanism
6. Other matters related to registrants' consumer rights
The operation rules should be placed on the website and service premises of the registry for consumers to review; if the operation rules have situations that damage the rights and interests of consumers or show unfairness, they should be corrected within a time limit according to the notice of the competent authority.
The top-level domain name registry representing our country should prepare operation rules for the competent authority to check, and the provisions of the preceding two paragraphs shall apply mutatis mutandis. 4
Article 8
The service rates of the country-code top-level domain name registry or National Internet Registry for providing the registration services of top-level domain names, IP addresses and autonomous system numbers should be based on the break-even principle.
The registry in the preceding paragraph should invite experts and scholars to form a rate committee to determine the service rates and report them to the competent authority for reference, before the rates are implemented; the same shall apply to changes.
Article 9
The top-level domain name registry may entrust the registrars to allocate domain names to registrants; the Internet Registry may entrust the IP address agency issuers to allocate IP addresses to registrants.
The country-code top-level domain name should report the list of registrars to the competent authority for reference within ten days from the next day following the entrustment contract taking effect.
The National Internet Registry should report the list of IP address agency issuers to the competent authority for reference within ten days from the next day following the entrustment contract taking effect.
The top-level domain name registry representing our country should self-manage its own list of registrars.
Article 10
The country-code top-level domain name registry should entrust a professional institution to deal with domain name disputes according to the domain name dispute resolution mechanism it formulates.
The domain name disputes handled by the generic top-level domain name registry should be handled by the dispute resolution agency authorized by ICANN in accordance with the dispute resolution process regulated by ICANN.
Article 11
In order to maintain the continuity of service, the accuracy, completeness, stability and normal operation of the registration information, the country code top-level domain name registry, the top-level domain name registry representing our country and the National Internet Registry should formulate operation specifications.
The operation specifications stipulated by the country code top-level domain name registry and the National Internet Registry should be reported to the competent authority for reference; the same shall apply when changes are made.
The country-code top-level domain name registry, the top-level domain name registry representing our country, and National Internet Registry should produce quarterly business execution results.
The quarterly business execution results produced by the country-code top-level domain name registry and National Internet Registry should be reported to the competent authority for reference.
Article 12
When the country-code top-level domain name registry or National Internet Registry schedules to terminate its business, it should report to the competent authority for reference six months prior to the scheduled termination date and notify the registrants three months prior to the scheduled termination date.
When the registry in the preceding paragraph terminates its business, it should keep the registration information correct and complete, and transfer the relevant registration information to other registry without charges to maintain the continuity of service provision; if necessary, the competent authority may take appropriate measures.
The top-level domain name registry representing our country should report to the competent authority for reference three months prior to the scheduled termination date, and notify the registrants one month prior to the scheduled termination date.
The emergency takeover agency of the top-level domain name registry representing our country should be determined by the competent authority in consultation with ICANN.
Except for the top-level domain name registry representing our country, the generic top-level domain name registry should notify the competent authority in writing prior to the scheduled termination date. 5
Article 13
The registration management of attribute domain names such as government attributes, education attributes, or national defense attributes of the country code top-level domain name registry should be handled in consultation with relevant government agencies.
Article 14
Prior to the promulgation and implementation of these Regulations, the legal person organization that has been engaged in domain name or IP address registry services may continue to engage in such business.
Prior to the promulgation and implementation of these Regulations, the country code top-level domain name registry and the National Internet Registry already engaged in domain name or IP address registry services should submit the operation plan prescribed in Subparagraph 1, Paragraph 1 of Article 4, the operation rules prescribed in Paragraph 1 of Article 7, the service rates prescribed in Paragraph 2 of Article 8, the list of registrars prescribed in Paragraph 2 of Article 9, the list of IP address agency issuers prescribed in Paragraph 3 of Article 9, and the operation specifications prescribed in Paragraph 1 of Article 11 to the competent authority for reference within three months from the date of promulgation and implementation of these Regulations.
Prior to the promulgation and implementation of these Regulations, the top-level domain name registry representing our country already engaged in domain name registration business should prepare operation rules and operation specifications within three months from the date of promulgation and implementation of these Regulations.
Article 15
Matters related to registry management business not specified in these Regulations should be handled in accordance with the regulations of ICANN or regional internet registry.
Article 16
These Regulations should take effect on July 1, 2020.
Web site:Laws & Regulations Database of The Republic of China