Letter from Yasuo Sakamoto to Stuart Lynn
(30 January 2002)
of Public Management, Home Affairs,
Posts and Telecommunications
1-2 Kasumigaseki 2-chome
30 January 2002
Dr. M. Stuart Lynn
President and Chief Executive Officer
Internet Corporation for Assigned Names and Numbers
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292
cc: Louis Touton
IANA Root Management
Dear Dr. Lynn:
I am writing to you on behalf of the Japanese government in response
to the IANA's
25 December 2001 inquiry regarding the redelegation of the .jp top
The IANA's inquiry enclosed a 3 December 2001 "Request
for Redelegation of .JP Top Level Domain and ccTLD Sponsorship Agreement"
sent to you by the Japan Registry Service Co., Ltd. (JPRS). That request
asked that ICANN redelegate the .jp top level domain to JPRS and begin
procedures for executing a ccTLD Sponsorship Agreement between ICANN and
JPRS. In the 25 December inquiry, the IANA requested the Japanese government's
view on the appropriateness of redelegation to JPRS.
The Internet, with its rapid development, has now become a basic social
infrastructure, and, as a result, domain names have become essential tools
for the large number of people who depend on the Internet. The White Paper
on Information and Communications in Japan released in July 2001 states
that the number of Internet users in Japan has reached 47 million and
is expanding rapidly. Therefore, the appropriate administration of Internet
resources, such as domain names, has become an extremely critical issue
to ensure that this large number of people can utilize the Internet safely
and without undue confusion.
Japan recognizes ICANN's function to establish, disseminate and oversee
implementation of the technical standards and practices that relate to
the operation of the global domain-name system, and considers ICANN to
be the appropriate international entity to oversee the technical coordination
of the Internet in a manner that will preserve it as an effective and
convenient mechanism for global communication. I appreciate the significant
role that ICANN has played in the establishment of systems for Internet
resources and fully approve of the standing ICANN principle of decision-making
by community consensus. In this regard, the followings are the reply to
1. JPNIC and JPRS
The .jp top level domain has been administered in the interests of the
Japanese Internet community since Dr. Jun Murai, an assistant at the Computer
Centre of the University of Tokyo at that time, received the delegation
from the Information Sciences Institute of the University of Southern
California on 5 August 1986. Currently, the .jp top level domain is administered
by the Japan Network Information Center (JPNIC), where Dr. Murai is President.
JPNIC was established in April 1993 as a self-financed private entity
to carry out the management and administration of the .jp top level domain.
Since March 1997, after receiving governmental approval, JPNIC has been
carrying out these services as a public-service organization and has been
fulfilling the obligations of administering the .jp top level domain with
due diligence up until this time. Because JPNIC will continue to coordinate
Japanese domain name policies, including appropriate administration methods
for the .jp top level domain, from the standpoint of a public-service
organization, I believe that it is essential to collaborate with JPNIC
as a representative body of the Japanese Internet community.
On 22 December 2000, the JPNIC approved at its 11th general meeting,
proposals to: establish a new company to carry out the management and
administration of the .jp top level domain; transfer the management and
administration of the .jp top level domain from JPNIC to this company;
and begin preparation for this company to enter a ccTLD Sponsorship Agreement
with ICANN as the sponsoring organization of the .jp top level domain.
In accordance with this approval, JPRS was established as a private entity
on 26 December 2000. JPRS has been established against a backdrop of sweeping
changes to the environment surrounding the .jp top level domain such as
rapid Internet development and the intensification of competition within
Japan between the .jp top level domain and gTLDs such as .com. However,
in coming to this decision, JPNIC undertook an exhaustive investigation
inviting opinions and ideas from a wide range of concerned parties and
took extensive measures to ensure community consensus such as providing
information, holding presentations and establishing a public comment forum.
Therefore, I understand it is appropriate that the decision to transfer
the .jp top level domain management and administration to the newly established
JPRS was made with the consensus of the Japanese Internet community.
JPRS has served as the operator of the .jp top level domain entrusted
by JPNIC stably and without particular difficulties since 1 February 2001
to date. On the other hand, both JPNIC and JPRS continued examining the
process to transfer of the management and administration of the .jp top
level domain and to conclude the ccTLD Sponsorship Agreement by soliciting
opinions from the Internet community. On 9 November 2001, the "Memorandum
for the Transfer of Management and Administration of the .JP Top Level
Domain" (Memorandum) was concluded between them and, on 12 November,
the details were
reported to me (See Attachment A). In addition, public comments were
invited through the JPNIC Web site from 16 to 30 November 2001, regarding
the redelegation procedures, based on the Memorandum, which led to concluding
the ccTLD Sponsorship Agreement and the transfer agreement of the management
and administration of the .jp top level domain. The comments submitted
during this period were answered or reflected in the redelegation procedures
and thus the formation of decisions has been carried out with the consensus
of the Japanese Internet community. I believe that these decisions by
community consensus should be respected.
2. JPRS's appropriateness
On 23 February 2000, the Governmental
Advisory Committee (GAC) of ICANN, in which the Ministry of Public
Management, Home Affairs, Posts and Telecommunications represents the
Japanese government as the accredited representative, adopted the "Principles
for the Delegation and Administration of Country Code Top Level Domains"
(GAC Principles). As you know, the Japanese government has participated
in the GAC since its inception in March 1999 and supports the GAC as the
appropriate vehicle for governments to participate in the ICANN process.
In particular, the Japanese government participated in the development
of the GAC Principles, and has endorsed them as sound best-practices for
the delegation and administration of ccTLDs. I would like to examine whether
or not the Memorandum conforms to the GAC Principles.
(1) Responsibilities of JPRS
Clause 9 of the GAC Principles lists necessary particulars to justify
the delegation to an entity to become a ccTLD sponsoring organization.
"Responsibilities of JPRS" in Article 6 of the Memorandum
stipulates the responsibilities that should be complied with to execute
the management and administration of the .jp top level domain in an
appropriate manner. I would first like to examine these details based
on the GAC Principles.
Article 6. Responsibilities of JPRS
1. JPRS acknowledges and understands that the management and administration
of the .jp top level domain concerns public interest, and shall operate
the management and administration of the .jp top level domain for
the purpose of contributing to the sound development of the Internet
community in Japan, as well as the global Internet community.
- Corresponds to GAC Principle 9.1.2
2. For the purpose of securing public interest, "JP Domain Name
Advisory Committee" shall be established within JPRS.
- Corresponds to GAC Principle 9.1.2
3. JPRS agrees, for the purpose of securing public interest, to comply
with the procedures administered by JPNIC and the Governmental Authority
as set forth in Article 7.
- Corresponds to GAC Principles 9.1.2 and 9.1.3
4. JPRS shall adopt the JP Domain Name Dispute Resolution Policy
established by JPNIC and implement the dispute resolution procedures
- Corresponds to GAC Principle 9.1.6
5. JPRS confirms that the management and administration of the .jp
top level domain shall be operated in trust for the public interest
and that JPRS shall not claim any property right with respect to the
.jp top level domain itself.
- Corresponds to GAC Principle 9.1.4
6. JPRS shall comply with policies established under the ccTLD Sponsorship
Agreement for the management and administration of the .jp top level
- Corresponds to GAC Principle 9.1.7
7. JPRS shall not assign its status of the delegee as the manager
and administrator of the .jp top level domain to any third party.
- This ensures that the status of delegee cannot be transferred
to a third party without formal procedures involving the Japanese
Governmental Authority, JPNIC and ICANN. (Corresponds to GAC Principle
8. JPRS shall not sub-contract a part or all of the technical operations
of the ccTLD registry without ensuring that the sub-contractor has
the technical qualifications required by ICANN, and informing ICANN.
- Corresponds to GAC Principle 9.2
9. In case of sub-contracting of technical operations of the ccTLD
registry or the administrative and management functions of the ccTLD,
the sub-contract agreement must state that the delegation itself is
an exercise of public right, and not an item of property.
- Corresponds to GAC Principle 9.3
10. JPRS shall enter into an agreement with the escrow agent approved
under Article 7, Paragraph 7 set forth below and escrow the registry
- This ensures that JPRS will duly escrow registry data. (Corresponds
to GAC Principle 10.2.3)
11. JPRS shall continue to operate the management and administration
of the .jp top level domain until re-transfer is determined under
the procedures set forth in Article 7, Paragraph 6.
- Corresponds to GAC Principle 9.1.1
12. If the succeeding transferee is appointed, JPRS shall transfer
all the relevant registry data to the succeeding transferee.
- Corresponds to GAC Principle 9.1.5
13. JPRS shall comply with relevant laws and regulations in Japan,
international law and international conventions in the operation of
the management and administration of the .jp top level domain.
- Corresponds to GAC Principle 9.1.3
14. The provisions of paragraphs 1 through 13 of this Article shall
remain applicable in case JPRS moves its principal office to a location
outside of Japan.
- Corresponds to GAC Principle 9.1.9
As shown above, Article 6 "Responsibilities of JPRS" of the
Memorandum covers the particulars of GAC Principles 9.1.1 to 9.1.7,
9.1.9 and 9.2 to 9.3. The intent of GAC Principle 9.1.8, not covered
in the Memorandum, is limited to cases where a local presence of the
registrant is not required. It is considered that this principle has
no direct influence on .jp domain names, as they require a local presence.
Also, Article 6(6) provides that JPRS would in any event comply with
ICANN policies to the extent provided in the ccTLD Sponsorship Agreement
between JPRS and ICANN. Therefore, I believe that if JPRS executes its
management and administration duties based on the "Responsibilities
of JPRS" given in the Memorandum, it can appropriately carry out
services as a .jp top level domain management and administration entity.
(2) Ensurance of Public Interest in the .jp top level domain
In addition to the responsibilities of JPRS stipulated in Article 6
of the Memorandum, Article 7 spells out the "Securement of Public
Interest" in the .jp top level domain as a measure to guarantee
fairness in the interests of the Japanese Internet community. Specifically,
Article 7 stipulates that the Japanese Governmental Authority and JPNIC
which, as mentioned previously, has fulfilled the obligations of the
management and administration of the .jp top level domain with due diligence
until now and will continue to act on behalf of the Japanese Internet
community, will examine cooperatively whether or not JPRS and the .jp
top level domain management and administration by JPRS comply with the
responsibilities set out in Article 6. If JPRS violates any Article
6 responsibility, necessary measures such as correction directive and,
in case of continuous breach, (re-)redelegation shall be taken by the
Japanese Governmental Authority and JPNIC. I believe that this mechanism
can ensure public interest in the .jp top level domain, thereby serving
the interests of the Internet community.
The results of the above examination of the procedural steps related
to the redelegation of the management and administration of the .jp top
level domain are as follows:
(1) It is believed that JPNIC and JPRS have followed the procedural
steps regarding the redelegation of the management and administration
of the .jp top level domain in an appropriate and transparent manner
with due regard to the wishes of the Internet community while publicizing
their intentions. This decision is believed to have been made with the
consensus of the Japanese Internet community.
(2) JPRS has served as the operator of the .jp top level domain entrusted
by JPNIC stably and without particular difficulties since 1 February
2001 to date.
(3) The responsibilities that JPRS must consider in proceeding with
the management and administration of the .jp top level domain are explicitly
stated in the Memorandum in line with the GAC Principles.
(4) It is expected that a mechanism can be constructed through the
cooperation and coordination of ICANN, the Japanese Governmental Authority
and JPNIC to ensure the appropriate operations of JPRS.
From these results, I believe that JPRS is an appropriate entity for
the redelegation of the management and administration of the .jp top level
domain under the provision that JPRS complies with the Memorandum in its
management and administration activities.
In view of the dual responsibilities, from different perspectives, of
the Japanese Governmental Authority and ICANN for ensuring that JPRS operates
appropriately as delegee of the .jp ccTLD, I believe it is vital that
there be close government/JPNIC/ICANN coordination in connection with
the redelegation. In this regard, I suggest the following procedures be
followed in connection with the delegation of the .jp top level domain:
(1) Coordination of Policy Requirements
The GAC Principles recommend that ICANN should ensure, through an appropriate
communication with the delegee, conformity to "ICANN developed
policies concerning: interoperability of the ccTLD with other parts
of the DNS and Internet; operational capabilities and performance of
the ccTLD operator; and the obtaining and maintenance of, and public
access to, accurate and up-to-date contact information for domain name
registrants." (Clause 10.2.5.) There is the theoretical possibility
that, in seeking to ensure that JPRS operates the .jp top-level domain
in the interest of the Japanese community, the Japanese Governmental
Authority and JPNIC might give JPRS directions that in some way conflict
with ICANN policies. Such a conflict would be undesirable, and all parties
should work together to minimize the possibility of such a conflict.
In this regard, the Japanese Governmental Authority and JPNIC intend
to alert ICANN upon discovering a possibility of conflict and to seek
to coordinate their supervision of JPRS with that of ICANN through appropriate
means, with the goal of avoiding any situation where the JPRS faces
conflicting government/JPNIC/ICANN requirements. I understand and appreciate
that ICANN intends to do likewise.
(2) Termination Procedures
The GAC Principles envision that a delegee's status may be terminated
in the event that it breaches the requirements of its communications
with the relevant governmental authority and ICANN (Clauses 7.1 and
7.3). In accordance with Article 7, Paragraphs 3 to 5, of the Memorandum,
the decision regarding termination will be taken by the Japanese Governmental
Authority and JPNIC based on mutual consultation, and will be notified
to ICANN by the Japanese Governmental Authority. I believe this procedure
should be reflected in the coming ccTLD Sponsorship Agreement.
(3) Designation of a Successor Delegee
The GAC Principles recommend that, in the event that a delegation is
terminated, a successor delegee should be designated by the relevant
governmental authority, subject to that designated successor's ability
to meet the technical and other requirements embodied in an ICANN-delegee
communication (Clauses 3.5, 7.3, and 7.4.). The GAC Principles envision
that the delegation should then be reassigned by ICANN in coordination
with the relevant governmental authority (Clause 7.1). In accordance
with Article 7, Paragraph 6, of the Memorandum, the decision regarding
the designation of a successor delegee will be taken by the Japanese
Governmental Authority and JPNIC based on mutual consultation and will
be notified to ICANN by the Japanese Governmental Authority. I believe
the ccTLD Sponsorship Agreement should make allowance for this procedure
5. In closing
The process above has led the Japanese government to endorse JPRS as
the appropriate entity for managing and administering the .jp top level
domain under the provision that JPRS complies with the Memorandum in its
management and administration activities. I trust that the ICANN will
accept this letter of endorsement and begin procedures for the redelegation
of the .jp top level domain to JPRS and the agreement with JPRS promptly.
In addition, in response to the 12 November 2001 letter reporting the
execution of the Memorandum between JPRS and JPNIC, I attach a copy of
letters addressed to them, on this endorsement and of my acknowledgement
of the Memorandum, as the governmental communications (See Attachment
B). If you wish to discuss any aspect of the above endorsement of
JPRS, please do not hesitate to contact either Kaori Ito of this ministry
Finally, I would like to conclude this letter by expressing my sincere
respect for the dedicated involvement of current .jp administrator and
an ICANN Director, Dr. Jun Murai, and my expectation of his continuing
contributions to the development of the Internet in Japan and worldwide.
In accordance with GAC Principle 8.1, the points of contact for the Japanese
Governmental Authority, JPNIC and proposed delegee are given below.
(Japanese Governmental Authority)
Kaori Ito, Deputy-Director, Computer Communications Division, Telecommunications
Bureau, Ministry of Public Management, Home Affairs, Posts and Telecommunications
2-1-2 Kasumigaseki, Chiyoda-ku, Tokyo 100-8926
Jun Murai, President, Japan Network Information Center
Kokusaikogyo-Kanda Building 6F, 2-3-4 Uchikanda, Chiyoda-ku, Tokyo 101-0047
TEL : +81-3-5297-2311
FAX : +81-3-5297-2312
E-mail : email@example.com
Hirofumi Hotta, Director
Japan Registry Service Co., Ltd.
Fuundo Building 3F, 1-2 Kanda-Ogawamachi, Chiyoda-ku, Tokyo 101-0052
Computer Communications Division,
Ministry of Pubic Management, Home Affairs, Posts and Telecommunications
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should be sent to firstname.lastname@example.org.
The Internet Corporation for Assigned Names and Numbers.