[This is the second article in the series of articles
discussing the provisions of ECT-2002, the draft Bill pending for passage in
South Africa.]
The passage of ITA-2000 (Information Technology Act-2000 of
India) as well as ECT-2002, was prompted by a desire to protect and promote
E-Commerce. However, being an early bird to the market ITA-2000 was
constrained by lack of proper legal precedents that could lead to a
comprehensive legislation. As a result, the Act guided by the UNCITRAL Model
Law and influenced by the then existing E-Commerce laws in Singapore and
Malaysia, restricted itself to only such matters as directly concerned the
E-Commerce industry at that time, namely the need for digital identity and
control of common forms of Cyber Crimes.
ECT 2002 however had the advantage of learning by the experience of the market
during the two years since the ITA-2000 Bill was drafted and could therefore
incorporate many issues which are relevant for E-Commerce but were not
identified as such issues in the middle of 1998 and upto the end of 1999 when
the Indian law was drafted.
One example of such an issue is the control of the "Domain
Name Space". Chapter 10 of ECT-2002 is devoted to defining the envisaged
administration of the dot-za ccTLD so that this country code domain space
would be systematically administered.
For this purpose it is envisaged that a juristic person
would be appointed at the earliest as the "Domain Name Authority". It is also
envisaged that within 12 months a state owned "Domain Name
Administration Corporation" would be set up with a Board of Directors
consisting of representatives from different stake holders such as the
following:
(i) The Internet Community
(ii) The Business Community
(iii) Academic Institutions and Institutions of Higher
Learning
(iv) Non Government Organisations
(v) Government and the Public Service Sector
(vi) The Disabled
(vii) SMMEs (Small, Medium and Micro Enterprises)
(viii) Civil Society comprised of persons not falling
within any of the aforementioned categories.
Note the recognition given to "Disabled" and "SMMEs"
besides the otherwise broad representation which exhibit an exemplary vision.
The Domain Name authority will also appoint a Chief
Executive and such staff as would be necessary to administer all aspects of
the Domain Name management.
The approach of the ECT-2002 is a well thought out
measure and very timely.
Let's now look at the Indian scenario which in contrast,
urges for speedy remedial action.
The ITA-2000 has no reference to the Domain Name management
and the dot-in domain name management is at present vested with NCST (National
Center for Software Technology) as the ICANN appointed sole registrar for the
domain space. NCST has been operating the Domain name service since 1995.
NCST is an autonomous society, involved in Research and
Development, under the administrative purview of Department of Information
Technology, Ministry of Communications and Information Technology, Government
of India with wide ranging objectives such as addressing the role of
India as a leader in Software Technology, Carrying out R&D, Imparting high
quality education and training for software professionals etc.
In the midst of these lofty objectives already entrusted to
the organization, thrusting of a "Techno Commercial Service" such as Domain
Name administration appeared to be an adhoc decision which has remained un
reviewed for too long.
NCST presently registers domain names in the following
categories:
Domain Category
|
Who Can Apply
|
| co.in |
For Registered Companies/Trademarks/Banks |
| firm.in |
For Proprietary Concerns/Partnership
Firms/Shops/Liaison Offices |
| ac.in |
For Academic Community |
| res.in |
For Research Institutes |
| gov.in |
For Government Organisations |
| mil.in |
For Military Establishments |
| net.in |
For Internet Service Providers |
| in |
For Internet Service Providers |
| org.in |
For Non-profit Organisations |
| ind.in |
For Individuals |
| gen.in |
For General/Miscellaneous Purpose |
The website of the organisation last updated on January 15,
2001, (Make no mistake, it is 2001 and not 2002) states that there were a
total of 2849 domain names registered of which 2159 were in .co.in category.
We do concede that this number is out dated and the present number must be
higher even though it would not be too different in scale.
Internationally there are over 35 lakh domain names of
which 60 % are in the .com TLD. At the peak about an year back, nearly 50,000
new domain names were being registered in the generic TLD counters at an
approximate fees of Rs 400 to 500 per year (US $ 8 to 10). Even though the
number of registrations in the last one year has substantially reduced because
of the faulty Dispute Resolution Mechanism for Domain Name disputes and the
general dot-com recession, it is clear that NCST has not been able to attract
even a miniscule of market for domain name bookings in the dot-in domain. This
has resulted in a huge loss of opportunity for NCST and drainage of foreign
exchange for the country.
Some of the reasons for this are the unreasonable prices
for registration, complicated procedure and refusal of registration of many
potential names including generic names.
The policies of the NCST in respect of domain names is
guided by the Internet Management Group (IMG) which consists of four members
namely the Ministry of Information Technology, NCST, VSNL and BSNL.
From the results it is clear that this group has not been
able to focus on the task of domain name management and has failed in
protecting the interests of the Country and its Foreign Exchange revenue.
In drafting the Communication Convergence Bill, the
Government of India was conscious of the need to set up a "Spectrum
Committee" and a "Spectrum Manager". Unfortunately a similar arrangement for
"Internet Spectrum Management" has been lost sight off.
ECT 2002 has reminded us that we in India also need a
"Domain Name Administration Authority" on the lines of what is proposed in
ECT-2002.
Very shortly we in India also need to worry about the IP
number allocations under the IPV6 protocol. As already highlighted by
naavi.org, the convergence of technology will lead to an explosive requirement
of IP number allocations in India and unless we start focussing on management
of Indian Domain Name space in a professional manner, the country would lose a
lot of revenue and will have to forego development of its IT industry.
naavi.org has already proposed setting up of an NGO for
the purpose, the details of which will be made available on this site at the
appropriate time. In the mean time suggestions and comments are invited from
informed persons, organisations and IT companies so that the Government can be
given appropriate guidance in the matter.
Naavi
March 14, 2002
Related Articles:
E-Governance Through Legislation-Contrasting Styles
ITA-2000 and ECT 2002