Laws and Regulation Database of The Republic of China (Taiwan)

English

The Australian National University

Article 1Article 2Article ContentTitle： Regulations Supervising Internet Protocol Address and Top LevelDomain Name Registration Services CHAnnounced Date： 2020-07-09Category： National Communications Commission（國家通訊傳播委員會）These Regulations are enacted in accordance with the provisionsof Paragraph 4, Article 71 of the Telecommunication ManagementAct.The terms used in these Regulations are defined as follows： 1. IP Address: It refers to the address that is allocated to thedevice according to the Internet Protocol for identifying thelocation of the Internet device. 2. Autonomous System Number（ASN）: An autonomous system is acollection of routers that use the same network protocol under acommon administrative authority; an autonomous system number isa number for interconnection identification between autonomoussystems, which is planned and allocated according to InternetProtocol. 3. Domain Name: It refers to the hierarchical naming systemconsisting of letters, numbers or special symbols, separated by"dot," according to Internet Protocol. 4. Domain Name System（DNS）: It refers to a system mappingdomain names and IP addresses according to Internet Protocol.Its functions are achieved through the cooperation betweenresolvers and name servers to query resource records. 5. Internet top level domain name（hereinafter referred to as TopLevel Domain, TLD）: It refers to the top of the domain name treehierarchy, that is, the combination of letters or string afterthe "dot" at the right end of the domain name. The top-leveldomains are divided into country code top-level domains andgeneric top-level domains. 6. Country code Top Level Domain（ccTLD）: It refers to the top-level domain name recognized by the Internet Corporation forAssigned Names and Numbers（hereinafter referred to as ICANN）torepresent a country or independent economy. 7. Generic Top Level Domain（gTLD）: It refers to the top-leveldomain name recognized by ICANN, other than those prescribed inthe preceding paragraph. 8. Top Level Domain Registry Services（hereinafter referred to asdomain registry services）: It refers to the service items ofproviding the lower-level domain registry service, managing thePrint Time：2022/08/01 11:06Article 3Article 4registration data, and providing the normal operation of thename server and resource records of the domain name system underthe top-level domain name. 9. Top Level Domain Name Registry: It refers to those recognizedby ICANN to be engaged in domain name registration services.They are divided into country-code top-level domain nameregistry and generic top-level domain name registry, based ontop-level domain name attributes. 2 10. Top-level domain name registrar（hereinafter referred to asRegistrar）: It refers to the legal person organization that isentrusted by the top-level domain name registry prescribed inthe preceding subparagraph to be engaged in acceptingregistration. 11. IP address registry services（hereinafter referred to as IPaddress registry services）: It refers to the issuance andmanagement of registration information of IP addresses andautonomous system numbers, and services of providing relatedregistry management.12. IP address registry（hereinafter referred to as InternetRegistry, IR）: It refers to an organization recognized byregional internet registry and is engaged in the management ofIP address registration. 13. National IP address registry（hereinafter referred to asNational Internet Registry, NIR）: It refers to the IP addressregistry recognized by regional internet registry to representour country. 14. IP address agency issuer: It refers to the Internet serviceprovider entrusted by the internet registry prescribed inSubparagraph 12 to agent the assignment of IP address. 15. Registrant: It refers to a registrant who has entered into acontract with the registry or the authorized registrar ofParagraph 9 or 12, to complete the registration of an IPaddress, autonomous system number, or top-level domain name. 16. Top-level domain name representing our country: It refers tothe generic top-level domain name that is the same as the fullname or abbreviation used by our country's participation ininternational organizations.Those which are not recognized by regional internet registry tohave the rights to obtain and allocate IP addresses orautonomous system numbers should not be internet registries;those which are not recognized by ICANN to have the right of thetop-level domain names within the scope of the registrymanagement business they are applying for should not be the top-level domain name registries.The National Internet Registry or country-code top-level domainname registry should submit the following documents to theArticle 5Article 6competent 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 planprescribed in Subparagraph 1 of the preceding paragraph： 1. Name of legal person, name of representative and principaloffice 2. Service items and description 3. Overview of the system and network equipment（including thearchitecture diagrams of system and network equipmentestablished in various locations and the equipment details）andthe following systems' safety and redundant measures： （1）Registry management business system （2）Domain name system, whereas internet registries may beexempt from submitting this document 3 （3）Registration information query system （4）A description of its ability to provide global Internetinterconnection operation The National Internet Registry or country-code top-level domainname registry should submit documents recognized by ICANN orregional internet registry to the competent authority forreference one month prior to the start of service. If the content of the operation plan prescribed in Paragraph 1and the relevant documents recognized by ICANN prescribed inParagraph 3 are changed after the start of service, the saidregistry should report to the competent authority in writing forreference within three months after the change.The top-level domain name registry representing the top-leveldomain name of our country（hereinafter referred to as the top-level domain name registry representing our country）shouldprepare documents recognized by ICANN for the competentauthority to check if necessary. The generic top-level domain name registry should notify thecompetent authority in writing one month prior to providingexternal services.The top-level domain name registry or internet registry engagedin registry management business should not have the followingbehaviors: 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 ofmorality The country-code top-level domain name registry or NationalInternet Registry engaged in registry management business shouldArticle 7Article 8Article 9ensure communication secrets and provide fair services. Thosewhich violate regulations should make correction within a timelimit in accordance with the notification of the competentauthority. The country-code top-level domain name registry or NationalInternet Registry should not entrust others to operate except inaccordance with the provisions of Paragraph 1, Article 9, orparagraph 1 of Article 10.The country-code top-level domain name registry or NationalInternet Registry should formulate operation rules on itsregistry business, and should report to the competent authorityfor reference 14 days prior to the date it starts to provide theservice; the same shall apply to changes. Fair and reasonable service conditions should be established inthe operation rules and the following matters should also bespecified： 1. Service content provided 2. Various service charges 3. Restrictions and conditions for the use of registrant's basicinformation 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 servicepremises of the registry for consumers to review; if theoperation rules have situations that damage the rights andinterests of consumers or show unfairness, they should becorrected within a time limit according to the notice of thecompetent authority.The top-level domain name registry representing our countryshould prepare operation rules for the competent authority tocheck, and the provisions of the preceding two paragraphs shallapply mutatis mutandis. 4The service rates of the country-code top-level domain nameregistry or National Internet Registry for providing theregistration services of top-level domain names, IP addressesand autonomous system numbers should be based on the break-evenprinciple. The registry in the preceding paragraph should invite expertsand scholars to form a rate committee to determine the servicerates and report them to the competent authority for reference,before the rates are implemented; the same shall apply tochanges.The top-level domain name registry may entrust the registrars toallocate domain names to registrants; the Internet Registry mayArticle 10Article 11Article 12entrust the IP address agency issuers to allocate IP addressesto registrants. The country-code top-level domain name should report the list ofregistrars to the competent authority for reference within tendays from the next day following the entrustment contract takingeffect. The National Internet Registry should report the list of IPaddress agency issuers to the competent authority for referencewithin ten days from the next day following the entrustmentcontract taking effect. The top-level domain name registry representing our countryshould self-manage its own list of registrars.The country-code top-level domain name registry should entrust aprofessional institution to deal with domain name disputesaccording to the domain name dispute resolution mechanism itformulates. The domain name disputes handled by the generic top-level domainname registry should be handled by the dispute resolution agencyauthorized by ICANN in accordance with the dispute resolutionprocess regulated by ICANN.In order to maintain the continuity of service, the accuracy,completeness, stability and normal operation of the registrationinformation, the country code top-level domain name registry,the top-level domain name registry representing our country andthe National Internet Registry should formulate operationspecifications. The operation specifications stipulated by the country code top-level domain name registry and the National Internet Registryshould be reported to the competent authority for reference; thesame shall apply when changes are made. The country-code top-level domain name registry, the top-leveldomain name registry representing our country, and NationalInternet Registry should produce quarterly business executionresults. The quarterly business execution results produced by thecountry-code top-level domain name registry and NationalInternet Registry should be reported to the competent authorityfor reference.When the country-code top-level domain name registry or NationalInternet Registry schedules to terminate its business, it shouldreport to the competent authority for reference six months priorto the scheduled termination date and notify the registrantsthree months prior to the scheduled termination date. When the registry in the preceding paragraph terminates itsbusiness, it should keep the registration information correctArticle 13Article 14Article 15and complete, and transfer the relevant registration informationto other registry without charges to maintain the continuity ofservice provision; if necessary, the competent authority maytake appropriate measures. The top-level domain name registry representing our countryshould report to the competent authority for reference threemonths prior to the scheduled termination date, and notify theregistrants one month prior to the scheduled termination date. The emergency takeover agency of the top-level domain nameregistry representing our country should be determined by thecompetent authority in consultation with ICANN. Except for the top-level domain name registry representing ourcountry, the generic top-level domain name registry shouldnotify the competent authority in writing prior to the scheduledtermination date. 5The registration management of attribute domain names such asgovernment attributes, education attributes, or national defenseattributes of the country code top-level domain name registryshould be handled in consultation with relevant governmentagencies.Prior to the promulgation and implementation of theseRegulations, the legal person organization that has been engagedin domain name or IP address registry services may continue toengage in such business. Prior to the promulgation and implementation of theseRegulations, the country code top-level domain name registry andthe National Internet Registry already engaged in domain name orIP address registry services should submit the operation planprescribed in Subparagraph 1, Paragraph 1 of Article 4, theoperation rules prescribed in Paragraph 1 of Article 7, theservice rates prescribed in Paragraph 2 of Article 8, the listof registrars prescribed in Paragraph 2 of Article 9, the listof IP address agency issuers prescribed in Paragraph 3 ofArticle 9, and the operation specifications prescribed inParagraph 1 of Article 11 to the competent authority forreference within three months from the date of promulgation andimplementation of these Regulations. Prior to the promulgation and implementation of theseRegulations, the top-level domain name registry representing ourcountry already engaged in domain name registration businessshould prepare operation rules and operation specificationswithin three months from the date of promulgation andimplementation of these Regulations.Matters related to registry management business not specified inthese Regulations should be handled in accordance with theArticle 16regulations of ICANN or regional internet registry.These Regulations should take effect on July 1, 2020.Web site：Laws & Regulations Database of The Republic of China (Taiwan)

Regulations Supervising Internet Protocol Address and Top Level Domain Name Registration Services (2020)

https://openresearch-repository.anu.edu.au/bitstream/1885/278695/1/TaiOH_17.pdf

Regulations Supervising Internet Protocol Address and Top Level Domain Name Registration Services (2020)

Abstract

Similar works

Full text

Available Versions

The Australian National University