Allocation of domain names under the national top-level domain .se - PTS-ER-2009:17
26/03/2009
The Swedish Post and Telecom Agency (PTS) has an overall responsibility within the area of electronic communications. Since 1 July 2006, PTS has been assigned to exercise supervision under the National Top-Level Domains for Sweden on the Internet Act (2006:24), (the ‘Top-Level Domains Act’). The Top-Level Domains Act, contains, among other things, comprehensive provisions concerning the allocation of domain names and the provision of an efficient procedure to resolve disputes. At the present time, there is one administrator for the allocation of domain names under the national top-level domain .se, the Internet Infrastructure Foundation (.SE).
During the autumn and winter of 2008/2009, PTS has carried out supervisory work in order to assess whether .SE administers the allocation of domain names and provides a procedure for resolving disputes concerning domain names in accordance with the requirements laid down in Section 7 of the Top-Level Domains Act. In its assessment, the Agency has determined that the Foundation mainly administers registration, deregistration and the transfer of domain names, and provides a procedure for resolving disputes in a manner that corresponds with the requirements contained in the Top-Level Domains Act.
PTS has observed that .SE applies transparent working methods in connection with changes to the regulatory framework for the allocation of domain names. The Foundation makes its rules public, both through information provided on its website and through activities conducted, such as information days and information directed to owners of domain names. PTS also views it positively that .SE, in its agreements concluded with representatives, bans the representatives from conducting what is referred to as ‘stockpiling’ of domain names and the fact that a special charging system has been set up, enabling several domain names to be examined in the dispute resolution procedure, with the same charge being payable. The Agency also views it positively that .SE deactivates a domain name before it is deregistered, which enables an owner to rectify inadequacies serving as the basis of such deactivation before deregistration of the domain name is carried out.
However, the Agency has found reason to make the following comments:
PTS considers that .SE should enter the designation ‘bank’ on its block list. This ensures that examination is made of applications for registration of domain names containing the word ‘bank’ so that illegal registrations are not made.
.SE should change the rules contained in the Rules of Procedure for the alternative dispute resolution procedure for domain names under the top-level domain .se, in that the party which loses a dispute shall, in connection with examination within the dispute resolution procedure, bear the entire cost of the charge payable in the dispute resolution procedure.
PTS will monitor the announced review of the Rules of Procedure by .SE for the alternative dispute resolution procedure, whereby the Agency will especially review how this need is met by in certain cases preventing registration of domain names which have already been subject to examination in the procedure.
PTS considers that there is a need to examine the preconditions for allocating domain names by reviewing which information is provided about the factors behind certain designations being shown on the ‘block list’.
The Agency has assessed that .SE should provide information on its website concerning the rules for registration of domain names, especially obligations applying to owners of domain names, in a way that is more prominent than at the present time.
The report (available in Swedish only)