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JOINT COMMITTEE ON COMMUNICATIONS, ENERGY AND NATURAL RESOURCES debate -
Wednesday, 18 Nov 2009

Domain Registry: Discussion with IE Domain Registry Limited.

I welcome from IE Domain Registry Limited Professor Seán Scanlan, chairman, Mr. David Curtin, chief executive officer, and Mr. Jimmy Joyce, company secretary. The joint committee invited representatives of the company to discuss the operation of IE Domain Registry. Before proceedings commence, I draw attention to the fact that while members of the committee have absolute privilege, this same privilege does not apply to witnesses appearing before the committee which cannot guarantee any level of privilege to witnesses. Under the salient rulings of the Chair, members should not comment on, criticise or make charges against a person outside of the Houses or an official, either by name or in such a way as to make him or her identifiable.

I invite Professor Scanlan to make his opening remarks.

Professor Seán Scanlan

I thank the Chairman for inviting us to meet members of the joint committee. We are pleased to have an opportunity to have this discussion. I propose to spend one or two minutes providing a general introduction.

The origin of the Internet lies in a network developed by the United States Department of Defence in the 1980s for the purpose of allowing the exchange of computer data between its many contractors, research organisations and other units. Gradually that network was extended to include the US universities and research institutions and to promote collaborative research in this way. Later, it was extended to universities and research institutions outside the United States and UCD was designated as the hub in Ireland for connection to this network. UCD then provided connectivity to the other universities and research institutions and that continued until the mid-1990s. By that stage, commercial interest in the facility was growing, both in Ireland and internationally and at first UCD facilitated that as best it could, but by the late 1990s the commercial element of what was then becoming the Internet became such that UCD did not feel it was appropriate for it to continue to provide that service.

As a result, UCD, following consultation with all of the interested parties, decided to establish the IEDR as a limited company, not for profit and limited by guarantee. The purpose was to provide domain registry services, namely, the registration and maintenance of Internet addresses for the Irish public. That occurred around the year 2000. At that time I was appointed chairman. My colleague, Mr. David Curtin, became chief executive in 2003 and Mr. Jimmy Joyce became company secretary at about that time also. I invite Mr. Curtin to give the presentation, as requested.

Mr. David Curtin

The agenda for today's short presentation is set with three objectives in mind. The first one is to introduce the IEDR, provide some information on our role and operations, describe a little of the registration process and then to highlight the important features of our technical infrastructure. Second, I wish to outline the structure of the domain name industry and to explain how the .ie registry competes in a global market. We will illustrate the competitive intensity of the national domain market and how Irish consumers benefit from this competition in terms of price, choice and service. Third, I will explain how we measure our performance in terms of key performance indicators and to illustrate our track record in recent years.

The IE Domain Registry is a small company. We have 14 staff and an annual income of approximately €2.5 million. However, the company has an important mission. It is the registry for all Internet addresses ending in .ie. We control, manage and operate the .ie country code top level domain, CCTLD. There can only be one operator per country and we are that operator for this country. In England the .uk name space is managed by a company called Nominet and in Germany the .de name space is managed by a company called DENIC.

What do we mean when we say "domain name"? It is really an Internet address, so for example the domain name www.iedr.ie refers to a website that can be found on a name server or a computer with the Internet protocol, IP, address 217.114.116.217. It is almost like a post office, PO, box for all Internet, e-mail or website traffic.

What do we mean when we say we are a registry? We are the registry for all addresses or domain names ending in .ie. That means we operate a database of .ie domain names and that database contains all the information on each domain name, namely, the registrant's name, address, contact details and the IP address, in other words, where it can be found on the Internet. We update that database four times per day.

Registration grants the registrant or user a right of use of that domain name, so it is not ownership in the name of a property right. Registrants can come directly to the IE Domain Registry or through resellers. Currently, more than 98% of all new registrations come through the reseller channel. Our resellers include Internet service providers, hosting service providers and designers of websites. In general, they rarely offer just a domain to their customers, they offer a bundle of services. That bundle of services can change or vary depending on whether they want to focus on low price or high price and high service.

Up to May 2007 the .ie name space was the responsibility of the Minister for Communications, Energy and Natural Resources in accordance with the provisions of the Electronic Commerce Act 2000. That gave the Minister power to make regulations on a range of matters affecting the national .ie name space. The Minister never found it necessary to exercise his discretion under the Act to make those regulations. Under amending legislation in 2007 the Minister's powers were transferred to ComReg with the passage of the Communications (Regulation) Amendment Act 2007.

On the managed registry model, across the globe there are approximately 240 entities like us, one per country. A whole range of different models are in operation. At one end of the continuum one has .com, where essentially anyone can register any .com name. However, the model this country has operated with broad official and market approval is called a managed registry model. That means we have registration policies and procedures. We ask that registrants must have a real and substantive connection to the island of Ireland, that is the 32 counties of Ireland. We also ask that they authenticate their claim to the chosen .ie domain name. It depends on who is applying, but in general an applicant could be asked to provide a company number or a VAT number. We can verify that because we have access to on-line databases. In the vast majority of registrations there is not a need for a flow of documentation or bureaucracy.

We believe the managed registry model has significant benefits for Ireland Incorporated. Given that we authenticate the claim of the registrant to a domain name we are essentially checking out that registrant so that consumers or users of the website do not have to do so. That means there is less cybercrime on .ie websites. We do not have cybersquatting. In other words, if someone were to register a domain name that one would think would be more appropriately registered by another, for example, if one tried to register microsoft.ie, because registrants must authenticate their claim to the domain name that would not happen on the .ie name space. We do not have identity theft.

We have a reduced likelihood of illegal, explicit or immoral content on .ie websites. For instance, if someone feels there is illegal content on a website he or she can inform the authorities and because we have traceability the authorities can see who is behind that .ie website and they can take the appropriate action to follow up a case. We have fewer intellectual property legal battles and as a result we have a higher quality e-commerce platform for users of the Internet.

We provide an element of intellectual property protection for registrants. In the .com world if one registers a .com name, one needs to register another ten similar sounding names in order to protect one’s intellectual property and avoid the cybersquatting to which I referred earlier. As a result, in the .ie name space, more websites are attached to domain names and that gives a higher utilisation percentage than one would get in .com. We have a quality domain name system, DNS, with fewer name delegations, so one does not have broken links. That gives a higher quality registry. This is important to all registrants, the users, and also other stakeholders. Our stakeholders include not only the industry which includes the Irish Internet Association and IBEC, but also the Office of the Data Protection Commissioner, intellectual property lawyers, the National Consumer Agency and even the Department of Justice, Equality and Law Reform which is responsible for the recently launched office of Internet security. The managed name space offers benefits for Ireland Inc. and our stakeholders.

It is important to clarify that the IEDR does not have any responsibility in a number of areas. It has nothing to do with .com, .net, .eu or any other top level domain. We are not responsible for the content of websites. Therefore, if the content is illegal, defamatory or slanderous, we are not responsible, although many of our registration and naming policies will contribute to the public policy goals in these areas. We do not offer services that the Internet service providers or hosting service providers offer; hence there is no conflict with our customers, the reseller group.

Consider the question of who is likely to register .ie addresses. Websites are used for a variety of reasons — business, social, cultural and governmental. In the case of the .ie name space, over 83% of our domain names are registered to businesses, be they limited companies or sole traders. Clubs, societies and small agencies account for approximately 11% of the total, or 8,000 domain names. The challenge for our company is to convince users and registrants to chose a .ie name rather than a .com name. We argue that .ie is a local address and shows one has an Irish identity. It is likely to rate higher on search engines, including Google, which is how people find websites these days. The domain name is available and traceable. Our mantra is that, with a .ie website, one knows with whom one is dealing.

We provide free domain names for charities. All they need is a registered charity number from the Office of the Revenue Commissioners to indicate they are approved. We also provide free domain names for schools which are part of the national broadband roll-out scheme.

The domain name system, DNS, is the addressing system on the Internet. That is how traffic such as that associated with e-mail and websites is routed around the globe. Since the DNS is so important to the functioning of the Internet, it must be highly available and reliable. In Ireland we achieve these objectives by having a DNS infrastructure that consists of 22 name servers or computers placed all around the globe. They are managed on our behalf by reputable companies such as Hewlett Packard, BT Ireland——

What is the position in locations such as Cape Horn in South America? Is it covered?

Mr. David Curtin

It is. The DNS finds the closest name server geographically. It finds the fastest connection to the name server. It might end up going through London, across to New York and down to Chile. The routers work out the fastest way to get to the name server. We have total global coverage. The placing of 22 name servers all around the world means that, even if our company were completely wiped out and the staff were not available, Internet users around the globe would still be able to gain access to .ie websites. The system is set up such that this would continue for 30 days, even if no action were taken. This makes the system very reliable. The Internet was designed by the US Department of Defence to withstand a nuclear attack. Therefore, traffic will find a way, even if routed indirectly.

Let us consider an aspect of our infrastructure that is critical. We have a three site network in Ireland. Our mission critical services are located in a world-class data centre and our back office systems are located in Sandycove. We have a standby facility under contract with Hewlett Packard at its business continuity recovery service in Dublin. Together these three facilities provide business continuity in the event of a service outage or natural disaster.

There is an escrow agreement to further safeguard registrants. Under this agreement, there is an up-to-date copy of the database held by an independent third party. This would provide continuity if the IEDR were unable to recover from a catastrophic event.

That completes the introduction to the company and its infrastructure. There are 184 million domain names globally. The top three top level domains are .com which has 80 million domain names, .cn and .de. If one considers the 240 countries that have a registry, one will note that there are almost 74 million registered domains. This represents approximately 40% of the total. The large registries such as that in Germany have huge economies of scale. With enormous volumes and approximately 14 million domain names, the German registry can charge very little.

Some countries have a more mature Internet infrastructure and more sophisticated Internet users who spend more time on the Internet and shop more thereon than users in other countries. The Scandinavian countries, in particular, are very far advanced in this regard. A better measure of Internet usage is the number of domain names per capita. The United Kingdom, with 7.7 million domain names, has 126 per 1,000 of population. Ireland which has 30 domain names per 1,000 of population appears to have a low figure but it is really in the middle of the table, including all our EU peers. France which is fourth from bottom has 23 per 1,000 of population. This amounts to 1.4 million.

In the case of Ireland, is Mr. Curtin referring to .ie domain names or all domain names held by Irish people?

Mr. David Curtin

It is just the .ie domain names. It does not include .com domain names.

Is that the same for other countries?

Mr. David Curtin

Yes. The German figures pertain to .de and the UK numbers to the domain names Nominet looks after.

Are there figures to indicate usage across all the user bases?

Mr. David Curtin

We have those numbers and I would be happy to provide a chart containing them. We can distribute it later.

The domain name market in Ireland is numerically small, with 332,000 names registered in total when one includes .com, .net, .eu, etc. There were 131,000 .ie domain names at the end of September. This is a market share of approximately 39.6%, which is very close to 40%.

It is clear that the .ie name is competing with very large international competitors such as .com. It is competing successfully in that our market share has increased slightly, even since last December. The national market is competitive. The 98 resellers — Internet service providers, hosting service providers, web designers and intellectual property lawyers — account for 127,000 of the domain names registered.

We have an accredited reseller programme and certain requirements that resellers must meet in terms of quantities and their own standards. With regard to the concentration of the market, the top six resellers account for 82,000 domain names, or 62% of the total.

With regard to these resellers, these are companies that register domain names with the registry and then sell them on. Can they be described as wholesalers?

Mr. David Curtin

No, they are an intermediary. The registrant will appoint an agent who will deal with us on his or her behalf. The agent will do all the administration and payment processing for the registrant. The registrant has a legal arrangement with the .ie domain registry and the reseller is an agent of the registrant.

What we term "churn of resellers" is an indication of competitive intensity. This year's top two resellers did not even exist in 2004 while the top reseller in 2004 no longer appears even in the top six. It is very competitive in these niche markets. Registrants who chose to come directly to the registry represent 5% of the database for historical reasons but on an ongoing basis they represent only 1.8% of all new registrations on a monthly basis. The registry is competing in an international market. The resellers and the Internet service providers and hosting services providers are very competitive. This is good for Irish consumers because it gives them choice, service and a suitable price level.

We believe there is widespread satisfaction with the quality of the service we provide. We are never complacent and set aggressive targets for ourselves with metrics monitoring our performance. These include growth, price reductions and financial strength. We also monitor software issues such as security and protection of registrants and Internet users. From 2005, we have gone from 4,000 new registries per quarter to 9,000 per quarter in spite of the current economic conditions. Our net growth in 2008 was 26% and 29% in 2007.

From 2003 to 2009, we have been able to give cumulative price reductions of 64% to the reseller group. The price has dropped from €50 per domain to €18. For customers who chose to come to us directly, the price is dropped from €125 to €62.

What is the average charge for a domain name through a reseller? Why is it more expensive when a customer goes directly to the registry?

Mr. David Curtin

We encourage people to go through the reseller group because that is the way the market wants to receive the product. As I said earlier, generally people do not just want a domain name but hosting services, e-mail and storage. They want someone to manage the website and keep it on the Internet. The only people who would come to us directly are techies who know how to set up a website and IP lawyers who are paranoid about protecting their clients' intellectual property. Those people are not price sensitive. Anyone who is price sensitive can go to a reseller and get a low price for a highly automated service. They do not need much hand holding either.

The logic is a lost on me that if I go to a reseller I will get the domain name cheaper.

Mr. David Curtin

The reseller will charge for his services as well. He will take into account the €18 he was charged by us and add in another €5.

Fair enough, but there is a large differential.

Mr. David Curtin

That is not unusual. In the UK it is over £100 if one goes directly to the registry but much cheaper through a reseller.

At the same time as reducing prices, we have been able to strengthen the financial position of the company. The audited balance sheet is evidence of our current financial strength. Our members' funds have continued to grow in spite of price reductions. We have achieved that through aggressive cost control and competitive tendering on major projects. Our liquid reserves have continued to increase with 12 months' to 18 months' reserves to cover operating costs. This is important because we do not have share capital or access to bank borrowings. This company needs to be independent and financially strong. The quality of our annual financial reporting has been independently acknowledged. We have been shortlisted for the past three years for the Leinster Society of Chartered Accountants published accounts awards.

We benchmark ourselves on software issues such as registration policies. We are a member of Centre, the European group of domain registrars, which allows us to compare our work with international best practice.

Our strategic priorities over the next five years will be to achieve net new growth rates greater than that of our competitors, maintain profitability and balance sheet integrity, continue our contribution to the deployment of Internet usage and uptake, improve existing services and develop new ones, enhance our reputation for operational excellence and continue with a more transparent policy development process. This will be achieved by working with our partners and stakeholders across the industry.

The IEDR is a small company but one with an important mission. It has a ten-year track record of providing services to the Internet community. Our structure and corporate governance comply with best practice. The company is profitable with a high level of reserves.

The managed registry model offers significant benefits to Ireland Inc in providing security against cyber crime and credit card fraud. This gives a stable and secure platform for e-business. The national domain namespace for Ireland is highly respected, both nationally and internationally.

I thank Mr. Curtin for that comprehensive overview of the operations of his company. Is there an international overlord that looks after all the domain registries? While the .ie domain name is nationally and internationally respected and considered safe, some others are not. Professor Scanlan discussed the Internet’s initial stages and the fact that it was started by the American Department of Defence for obvious operational reasons. Does that Department still have any input in the running of the Internet and, if so, what is its involvement?

Our guests referred to resellers. Do they only sell .ie or can they sell .com, .net or .co.uk? Are they sole agents for .ie? Perhaps these questions will be addressed. Before we do, I will invite members to speak. When answering, guests can refer to colleagues if they wish.

This may be related to the Chairman's question. IE Domain Registry Limited, IEDR, has 40% of the market. Is this 40% of the Irish market only? If so, is it the market's dominant player? What is the second largest player and what portion does it have?

Regarding the strategic priorities of contributing to the development of Internet usage and uptake, what are the specific strategies? As a society, it is important that Internet usage be promoted and encouraged. In the good days, we clapped ourselves on the back for our technological advances, but it is fair to say that we were still quite short of meeting our aspirational targets compared with other countries. Our guests want to improve existing services continuously. I presume this refers to the host of domain names. What new services have our guests developed or are anxious to achieve?

Mr. David Curtin

In reply to the Chairman's first question on whether there is an overarching international body that regulates the Internet, there is none. It is widely recognised that the management or regulation of the national name space is an issue of national sovereignty. Governments protect this right aggressively and would resist overarching global regulation. That said, the EC is interested in the issue and is considering it for the new directive. It might include domain names and Internet addresses in the new directive. This provision was removed from the initial draft, but might be returned to it with the new European Parliament. The EC is encouraging national regulators to co-operate with each other.

Regarding the question on the US Department of Commerce, it is gradually allowing the Internet Corporation for Assigned Names and Numbers, ICANN, to have more independence in its role as the Internet's technical operator. In September, the joint project agreement concluded and the Department of Commerce entered into another arrangement with ICANN that gave the latter more responsibility and independence, but with a strong reporting line to the government advisory council.

Professor Sean Scanlan

The Chairman asked about the US Department of Defence, which has no role other than as a large user. As Mr. Curtin stated, the interests of the US are handled via the Department of Commerce, which has had an agreement with ICANN, an international representative body concerned with the operation, not regulation, of the worldwide Internet. Recently, further agreements were concluded. ICANN is another not for profit company based in the US that authenticates Internet addresses. We register them and they become a part of ICANN's infrastructure. I hope members were not misled, as the Department of Defence used to have the funding and the need. As commercial interest in the Internet developed, it moved to the Department of Commerce. This is the up to date position.

My point in asking about an international overseer for the Internet was to determine whether anyone controls shady websites that are available. Is it the case that no one controls them internationally?

Mr. David Curtin

That is correct. Several years ago, the UN set up a group called the Internet Governance Forum, IGF, which examined some issues and problems affecting all countries. One of its modules was on security. It is slowly addressing what can be done to foster international co-operation so that practices that are illegal in the real world can be addressed co-operatively in the Internet world.

Should this not be one of the main worries for national organisations such as IEDR? Perhaps there is an urgency in establishing an international organisation with the co-operation of nations. Some will be more concerned about this issue than others, but I am struck by this weakness. While the Internet is a wonderful facility, its policing has shortcomings. This is a source of concern for many users and families. As a national organisation, I encourage our guests to work towards international co-operation.

Mr. David Curtin

Since we operate the managed registry model, we have that level of traceability. This covers security, but the matter goes even deeper. If one has a problem in returning a product that is faulty or does not meet the warrantees, one can trace who is behind the website in our model.

I take the Chairman's point on international co-operation. The IGF has noted that national laws and standards on the type of activity in question differ. Getting a consensus is difficult, but the higher level of co-operation within the EU is to be applauded.

The Chairman's third question was on whether the resellers provide .ie alone to their customers. They provide any and all domain names. That same reseller will provide .co.uk, .de, .com or .net. They are not sole agents.

Senator Walsh's question is best addressed on slide ten. We have 40% of the market and the nearest competitors are .com, which has 29%, and .eu, which has 15%. We are the largest at 40%. We split the middle group, CNOBI — com, net, org, biz and info — to show that they have 45% collectively. They are the generics and are not tied to any one country.

Who runs .com?

Mr. David Curtin

A US company called VeriSign operates .com

Can IEDR not eat into its market share?

Mr. David Curtin

We are trying to do that. This leads nicely into the Senator's next question on what we are doing to encourage uptake. We are working closely with our reseller group. An initiative for this year was to determine how to do some joint promotional activity. With our reserves, we can afford to spend some money on generic advertising and promotion. They can use that to promote their service offering. We hope and expect this will eat into the .com share.

Have resellers much influence on this? I suspect they do.

Mr. David Curtin

Yes, one of our objectives is to help the resellers' staff to re-educate themselves on the benefit of .ie so that they can pass on these benefits when speaking to customers, encouraging customers to get not only the very cheap .com address but also .ie in order to have local visibility and to display their national identity by using the latter as the main website.

What is the price difference between .ie and other domain names?

Mr. David Curtin

The .com domain names are by far the cheapest.

Is that why it accounts for 29% of the market?

Mr. David Curtin

Virtually every reseller will offer a .com domain name for less than €10. With 80 million .com domain names worldwide, the economies of scale are tremendous.

We will take other measures to increase the uptake and Internet usage. We are working with industry bodies such as the Irish Internet Association. We sponsor many of its activities and sponsor its award activities. We attend Irish Internet Association events around the country and we make a presentation at these events to tell future users about the benefit of .ie and to explain the difference between .com and .ie.

Regarding the final question on services, we continue to improve existing services as well as providing new services. The main initiatives over the past two years have been to further automate the interface resellers use to transact with us. People and telephone services are costly. The more that can be automated, the better for the reseller group and the better for us. This reduces the cost in the total supply chain, not just in our element of it. We are helping the resellers to reduce their costs by automating our links to them. An important new service is DNSSEC, which attempts to make DNS even more secure. This is a serious initiative. Some five countries have launched the service and next year we will start an engagement process with the reseller group and the wider Internet community to see what Ireland should do about DNSSEC.

Professor Sean Scanlan

I thank the Chairman and members for their kindness and courtesy in receiving us. If the committee requires an update on any of these issues, directly or through a further presentation, we will be more than happy to meet it.

I thank Professor Scanlan, Mr. Joyce and Mr. Curtin for their very interesting and comprehensive presentation. I encourage them to protect their premium product. I also ask them to examine the bigger picture. The presentation illustrates that they are on top of their business and I wish them continued success.

The joint committee adjourned at 10.45 a.m. until 9.45 a.m. on Wednesday, 25 November 2009.
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