Letter from Maureen Cubberley, CIRA, to Michael Roberts, ICANN (30 November 2000)

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CANADIAN INTERNET REGISTRATION AUTHORITY

Michael M. Roberts
President and Chief Executive Officer
Internet Corporation for Assigned Names and Numbers
4676 Admiralty Way, Suite 330
Marina del Rey, California 90292-6601

Re: Agreement Between CIRA and ICANN

Dear Mr. Roberts:

In a March 11, 1999 letter, the Government of Canada formally recognized the Canadian Internet Registration Authority (CIRA) as the administrator of the .ca domain space, expressing confidence that the CIRA Board would quickly put into place an effective structure predicated on several core principles intended to ensure that the .ca domain is appropriately administered as a key public resource. On May 9, 2000, CIRA, the Government of Canada, and the University of British Columbia (which has been administering the .ca domain) entered into an Umbrella Agreement reiterating the recognition and on the same date CIRA and the University of British Columbia entered into a Transition Agreement detailing the particulars of the transfer.

The University of British Columbia and CIRA have completed the steps required for transition and, as stated in Michael Binder's October 10, 2000 letter to you, CIRA is prepared to assume its duties as delegee of the .ca domain on December 1, 2000.

In the meantime, there have been ongoing discussions within the global Internet community concerning the appropriate relationships among ccTLD managers, their governments, and ICANN. An important contribution to the advance of these discussions was the adoption by ICANN's Governmental Advisory Committee (GAC) in February 2000 of its "Principles for Delegation and Administration of Country Code Top Level Domains," which is posted at http://www.icann.org/gac/gac-cctldprinciples-23feb00.htm (the "GAC principles"). The GAC principles, which are intended to be applied flexibly to suit the particular circumstances of each ccTLD, provide for a three-party communication-based relationship among the ccTLD delegee, the government, and ICANN.
CIRA supports the framework of the GAC principles as a sound basis for the ongoing relationships concerning the delegation and administration of ccTLDs. In conjunction with its assumption of the duties of delegee of the .ca domain, CIRA is prepared to enter into a formal, legally binding agreement with ICANN that:

1.  Commits ICANN and CIRA to perform the obligations set forth in clause 10 of the GAC principles. With respect to clause 10.2.3, CIRA intends to establish an escrow or mirror site policy for the registry data managed by it. The escrow agent or mirror site should be mutually approved by CIRA and ICANN and should not be under CIRA's control. CIRA's policy will ensure that the escrow agent or mirror site will maintain such data in accordance with established business practices of the industry in Canada. CIRA also intends to investigate means available to ensure that such data is made available to any successor to CIRA in the administration of the .ca domain space and that such data may be used by such a successor in the administration of the domain space;

2.  Commits CIRA to respect any communication from the Government of Canada issued pursuant to clause 9 of the GAC principles, and subject to the following commits CIRA to implement aspects of clauses 9.1.6, 9.2 and 9.3 of the GAC Principles that are not specifically dealt with in a communication from the Government of Canada. CIRA is currently formulating, based on community consultation, its ADR policy, and in that regard is assessing how to promote the benefits of dispute resolution policies discussed by clause 9.1.6. CIRA's existing Canadian Presence Requirements will not be deemed to invoke the second sentence of clause 9.1.6 or clause 9.1.8. Further, CIRA shall not be obligated to comply with any policy applicable to ccTLDs which ICANN may adopt pursuant to clause 9.1.8 that would have the effect of requiring CIRA to change its Canadian Presence Requirements. CIRA understands that its existing Canadian Presence Requirements are such that they do not invoke clause 9.1.8. If these requirements change, CIRA acknowledges that there may be a need to reconsider the potential application of clause 9.1.8 to CIRA. In the event that CIRA begins to operate the .ca domain space as an open domain, CIRA agrees to respect any ICANN policies that apply to open domains; and

3.  Provides that CIRA agrees to reassignment of the delegation of the .ca domain under the conditions and in the manner described in clauses 7.1 and 7.3 of the GAC principles and to hold ICANN harmless with respect to any reassignment of the delegation according to those clauses.

CIRA recognizes that there are some details to be worked out and some drafting work that must be done to reduce these points to a formal written agreement. CIRA is prepared to work with ICANN to expeditiously complete this work so that an agreement may be concluded.

We request that ICANN recognize CIRA as the operator and manager of the .ca domain with effect as of 12:01 a.m., local time in Ottawa, Ontario on December 1, 2000.

cc:  Industry Canada