[AfrICANN-discuss] Let's be proactive - domain names regulator

[Dr Paulos Nyirenda]

On 30 Oct 2012 at 10:49, Vika Mpisane wrote:

> ...
> The regulation I sought to focus on is the usage of domain names. As you
> can see from the ECT Act extract, ZADNA regulates 2nd level domain
> registries (e.g. Org.za, co.za) & registrars. However, we don't regulate
> how a domain name holder uses the domain name. Effectively, we regulate
> the ZA domain name registration process that registries & registrars
> should adhere to, but we don't regulate the domain names themselves or how
> they are used.
> ...

Very thin line indeed which makes it easy for the authroity to side step, easily. As the 
domain name authority, I think ZADNA has a wider mandate on regulating domain names as 
directed by the RSA Government or legal framework than you seem to indicate. 

For example 65(4): "The (ZADNA) Authority may, and must when so requested by the 
Minister, make recommendations to the Minister in relation to policy on any matter 
relating to the .za domain name space". Does this exclude "use"?

True that other countries may seek a different model consideration of which may include 
whether they have the resources to create a completely new such authority. Further 
examples here include the model in Tanzania with tzNic and Egypt both where there is no 
new such authority BUT the telecomms regulator plays the more significant role.

There  are a number of countries in Africa in a review process like Malawi ... it will be 
interesting to see which way they go in the next year or two. This will make the ISOC / 
AFTLD project quite interesting.

Regards,

Paulos
======================
Dr Paulos B Nyirenda
NIC.MW & .mw ccTLD
http://www.registrar.mw


On 30 Oct 2012 at 10:49, Vika Mpisane wrote:

> 
> On 2012/10/30 10:32 AM, "Dr Paulos Nyirenda" <paulos at sdnp.org.mw> wrote:
> 
> >On 30 Oct 2012 at 9:33, Vika Mpisane wrote:
> >
> >> +++1 here too.
> >
> >Mmmm ... not so fast ...
> 
> Ok good this discussion has finally forced you to return from your leave
> of silence:-)
> 
> >
> >> Regulating domain names & IP addresses is not something I've ever heard
> >>of. I've heard
> >> of domain name dispute regulation, which of course only regulates how
> >>disputes over a
> >> domain name in a particular top level domain (TLD) should be handled &
> >>resolved.
> >
> >Vika, is that not one of the ZADNA duties under the mandates of ZADNA as
> >a government
> >body, to regulate registries that run domain names?   See section 65 of
> >Chapter X of the
> >Electronic Communications and Transactions Act of South Africa,
> >http://www.zadna.org.za/mandate.html,  also partly copied here below.
> >
> >So, does the RSA government not regulate domains names through ZADNA as
> >its Authority?
> 
> The regulation I sought to focus on is the usage of domain names. As you
> can see from the ECT Act extract, ZADNA regulates 2nd level domain
> registries (e.g. Org.za, co.za) & registrars. However, we don't regulate
> how a domain name holder uses the domain name. Effectively, we regulate
> the ZA domain name registration process that registries & registrars
> should adhere to, but we don't regulate the domain names themselves or how
> they are used.
> 
> >
> >Here in Malawi we have a review of the legal framework currently taking
> >place and this is
> >one of the issues that we have to deal with. For example, the question
> >arises whether to
> >create a new body like ZADNA or let such regulatory authority be the
> >incumbet telecomms
> >regulator. What do you think?
> 
> As you might know, domain name regulatory models tend to split between
> industry self-regulation, partial government regulation and complete
> government regulation. There is no one perfect approach: your
> socioeconomic conditions may best inform which model is suitable. For
> example, here in ZA, due to our political background, there was a view
> that government should be involved. That made sense particularly then, but
> now with the involvement of ZADNA, there is a strong comfort on both
> government's side & the local industry's side that ZADNA (which has an
> independent Board - with no government representation) is the best
> regulation model for ZADNA.
> 
> Now MW does not have the same history, and this may mean that may be you
> don't need to change your model. Personally, I think industry
> self-regulation for domain names is probably the best, provided there are
> some established lines of communication between the industry & its
> government.
> 
> I'm not sure if the model of having a telecoms operator is the best. In
> most instances, I've had to closely look at, such model makes domain name
> regulation to be one of the less important priorities, probably out of
> telecom regulators' ignorance. As a result, we don't see the telecom
> regulators pushing for the development of ccTLDs.
> 
> Regards,
> Vika
> 
> 
> 
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