How often we are misled by somebody… That’s why I do not like to attend press conferences: respectable looking people gather and explain you that white is black and vice versa. However these events have an advantage, you become interested: what is the truth? Sometimes intriguing things may be revealed.

A name – what is it?

One month has passed since the moment of President signed the Decree “On Functioning of the National Top-Level Domain System”, but passions about transfer of KG zone administration to Kyrgyzpatent still continue. The fact is that the well-known company AsiaInfo has been a monopolist in the market of domains registration in the Republic and the administrator of the national domain zone.

This situation is quite convenient for the company owners to support fees at higher level. Any website registration in KG zone was 100 USD, whereas in other countries this service amounts 5-30 USD. As a result, the number of registered websites in Kyrgyzstan is equal to those of Afghanistan, although it has joined to the Internet just two years ago. In neighboring Tajikistan near 6000 domain names have been registered and we have only 1400 (according to official data). However, Kyrgyzpatent which initiated preparation of the Decree of President on the redelegation from a private company to the state organization, has information on more than 6700 DNS zones in Kyrgyzstan and in fact a number of websites is not less than in Tajikistan. Hence a question may be arisen on income hiding. But as they say - innocent until caught. At present time the situation in the country does not give to the Government any means to regulate domestic company’s activities at virtual space administration.
The Decree of President specifies that transfer of administration right to the state body is based on the fact that the KG country code top-level domain (ccTLD) is the “national resource”.

- “Nowadays we live in transition time when contours of international institutions are forming, which will regulate relations in virtual space” – Mr. Ulan Melisbek, Director of the State Patent Service clarifies his viewpoint – “There are many reasons to believe that the World Intellectual Property Organization (WIPO) could be this institution. This possibility has been discussed for a long time at international level. In other words a domain name is simultaneously a subject matter of intellectual property, it is a well-known fact. That is why we are trying to bring the situation to conformity with the global trends. Apropos in other countries governments have regulated their Internet space in different spheres and by different means”.

In-fighting tactics

Some public associations along with AsiaInfo oppose the Decree of President, although earlier they have never shoed good feelings to the monopolist of virtual space. During all 15 years they could not enforce AsiaInfo to make the KG zone more available for users. Leaders of the Association of Communication Operators, the Public Foundation “Civil Initiative on Internet Policy”, the Association of Software and Services Developers, as well as leaders of some non-governmental organizations and (bizarrely) the Association of Builders have appealed to President, similar to the famous message of Cossacks to Turkish Sultan. This letter ends very threateningly:
“To avoid international response and to comply with international standards we earnestly ask you to cancel the Decree as it contradicts to international obligations of Kyrgyzstan in terms of non intervention to organizations activities, which are not under the jurisdiction of Kyrgyzstan. We also ask you to entitle the Office General of Public Prosecutor to investigate the preparation of this document and make a legal assessment of the initiator’s and developers’ actions aimed at implementation of this Decree in accordance with legislative frameworks of the Kyrgyz Republic; to charge the Administration of President to carry out the internal investigation of the Decree preparation”.

What response and what international standards do the authors mean? When the Internet appeared in Kyrgyzstan the AsiaInfo company was lucky to be the first to conclude the agreement with the ICANN (International Corporation for Assigned Names and Numbers), that provides support and management of all Internet address space, on delegation for ccTLD administration in the KG zone. So, the Decree of President is not valid as this right has been given to the company by a foreign party. Following this argument, the role of monopolist is mandatory for the company AsiaInfo?

- “Not at all, - Kyrgyzpatent argues. According the ICANN rules the interactions with ccTLD delegees must be trilateral, i.e. based on consensus between a country government, ccTLD delegee and ICANN. Bilateral relations between ccTLD and ICANN (like in case of AsiaInfo) are temporary waiting for the respective Government’s decision. There is no contradiction here. The negotiations process with ICANN is now being arranged on the new trilateral agreement conclusion. In this case the government is a full member of the process. Moreover, the relationship system itself between ICANN and governments ensures a priority right for the states to administer the national domain names.

By hook or by crook

Opponents of transfer the right to national domain zone administration to the state body refer to any publications in such foreign editions as “The Wall Street Journal”, “Newsweek” and others as if blaming the further transfer. Some information agencies even cite: “It is rueful that people, proposing these changes, first of all do not observe interests of users and by such manner fundamental human rights for freedom of speech and choice may be infringed”. In what extent does this citation relate to our country and particularly to Kyrgyzpatent?

Mr. Ulan Melisbek said during the conversation with the “SK” journalist: “There were no such articles neither in the “Wall Street Journal” nor “Newsweek”. Foreign mass media has published some negative opinions about initiative for treating informational websites as mass communication media. This citation is a simple trick, like the statements on international scandal and offline. It is only rude play based on notions exchange, assigned to uninformed people”.

By the way, the ICANN document “Principles for Delegation and Administration of ccTLDs” developed in 2000, contains the following: “Delegee” means the organization, enterprise or individual designated by the relevant government or public authority to exercise the public trust function of a ccTLD and consequently recognized through a communication between ICANN and the designated entity for that purpose”. In other words the ICANN indicates that a state regulates these processes, it may transfer and delegate rights inside.

Regarding the statements of opposite party on million investments for ccTLD redelegation to Kyrgyzpatent, it should be noted that it is not truth.

- “There are no technical problems – they say in Kyrgyzpatent – AsiaInfo possesses three 15 years old DNS servers, which have not been upgraded that influences on quality of their services. Customers of the company feel this weakness. Kyrgyzpatent is not a governmentally financed organization. We earn money by providing of services, including currency, as well we pay taxes and fees. We have enough funds to pay good salaries and to develop infrastructure, as well as to purchase five new servers. Apropos in the USA DNS servers are upgraded every six moths. A simple primitive server costs now 3-5 thousand USD, high technological servers – 15-30 thousand USD, not millions. Our opponents mislead the mass media representatives and community, binding a high cost of websites registration with expensiveness of the Internet traffic”.

Why the Association of Communication Operators along with other organizations opponents is acting violent manner? The answer is that they want to win from the state functions of the national domain zone administration. According to this plan the state again will be out and the situation still customary. Instead of an only monopolist we will have a group of “elites”, a syndicate, which in conspiracy would control the Internet.

What about “them”?

How do other countries regulate the national domain zones? They have the only administrator affiliated with the state. There are also numerous registrars and users may choice any of them. A registrar sends a request to administrator’s server and receives an answer shortly. At the same time the administrator earns nothing for its services. But the whole system works absolutely transparently and tax bodies control everybody’s incomes.

At present time in many countries the redelegation of authority for domain zones administration takes place from private companies to public structures: in Morocco, Grenada, Libya, Kazakhstan, Kenya, Belarus, Burundi, Uzbekistan, Australia, Canada, Spain, Japan. In Russia the state from the very beginning has administrated the Internet zone.

ICANN itself operates under the wing of the USA Ministry of Trade, in Uzbekistan the Ministry of Communication controls domain zone and in Japan – the Ministry of Education.

- “We will establish a special structure under Kyrgyzpatent - the Center of the National Domain Zone Administration – Director says, - The Decree stipulates for this intention. In Uzbekistan after redelegation a number of registrars increased from 1 to 7 that resulted in fees reduction of domains registration fees. The abovementioned Center will also stimulate creation and development of the national Internet resources.

Why Kyrgyzpatent would be the organization regulating the national domain zone? Inter alia because of necessity to observe legislation and intellectual property rights. Rights of business circles developing electronic commerce must be protected. It guarantees the interests of large-scale stocks and stimulates long term investments to the Internet. The investments into electronic commerce development are possible only in countries, which provide a legal rights protection of trade identifiers, including the Internet.

Pavel Lutyi
“Slovo Kyrgyzstana”