IMPLEMENTING COMPLIANCE WITH GOVERNMENT DOMAIN POLICY

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IMPLEMENTING COMPLIANCE WITH GOVERNMENT DOMAIN
POLICY

• Presented by
• Lazarus Ikoti
• (National Information Technology Development
  Agency)
• at the
• One Day Switchto.gov.ng Workshop
• Abuja, 4th April, 2012

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INTRODUCTION

• NITDA was established by section 1(1) of NITDA
  Act 2007.
• Section 6 of the Act makes provisions for
  functions of the Agency.
• Section 6(b) particularly gives NITDA the power
  to make guidelines for the establishment and
  maintenance of the appropriate infrastructure for
  Information Technology.
• Section 6(m) Specifically enjoins NITDA to
  accelerate internet and intranet penetration in
  Nigeria and promote sound internet governance in
  Nigeria.

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DOMAIN MANAGEMENT

• Section 6(m) quoted above mandates NITDA to give
  effect to the second schedule of the NITDA Act
  2007.
• Section 1 of the second schedule is very
  instructive
• Subject to the provision to this Act, the agency
  shall advise the federal Government generally on
  matters that are related to the management and
  administration of Nigeria's country code Top
  Level Domain (.ng ccTLD).
• NITDA is also enjoined to setup procedure and
  criteria for second level domains and then the
  criteria and qualification for domain name
  Registrars and Host.
• NITDA has a great role to play in the supervision
  and management of .ng ccTLD.

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WHY IS NITDA DEVELOPING GUIDELINES?

• Our Responsibility under Section 6 of our
  Enabling Act, NITDA Act 2007
• The need to provide guidelines to facilitate the
  establishment and maintenance of appropriate
  infrastructure for information technology and
  systems application and development in Nigeria
  for public and private sectors, urban-rural
  development, the economy and the government
• To accelerate Internet and Intranet penetration
  in Nigeria and promote sound Internet Governance
  by giving effect to the Second Schedule of this
  Act.

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COMPLIANCE PROVISIONS

• Section 3 of the second schedule gives NITDA the
  power to ensure that the activities of all
  organizations engage in the management of the
  country code Top Level domain complies with best
  international practices.
• S.17. (1) of the NITDA ACT States as follows
  Except as otherwise provided in this Act, any
  person or corporate body who contravenes or fails
  to comply with the provisions of this Act commits
  an offence
• Sbs. (4) Where a person or body corporate fails
  to comply with the guidelines and standards
  prescribed by the Agency in the discharge of its
  duties under this Act, such person or body
  corporate commits an offence.

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COMPLIANCE PROVISIONS

• 18. (1) Except as otherwise provided in this Act,
  any body corporate or person who commits an
  offence under this Act where no specific penalty
  is provided, is liable on conviction
• (a) for a first offence, to a fine of N200,000 or
  imprisonment for a term of 1 year or to both such
  fine or imprisonment and
• .(b) for a second and subsequent offences, to a
  .fine of N500, ,000 or to Imprisonment for a term
  of 3 years or to both such fine and Imprisonment.
• (2) The institution of proceedings or imposition
  of a penalty under this Act shall not relieve a
  body corporate from liability to pay to the
  Federal Inland Revenue Service such levy or tax
  which or may become due under this Act.

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.gov.ng Dispute Resolution Guideline

•  
• Any Dispute arising from the registration of a
  .gov.ng domain name shall be referred to
  Arbitrators.
• The Arbitrators Shall be three and shall be
  appointed by NITDA in consultation with FMCT and
  NiRA.
• No adjudication shall be made within the
  registration function as to whether the applicant
  has a legitimate right to a name, beyond
  compliance with the .gov.ng policies unless it
  has been referred to Arbitrator.
• The Registrant (applicant), in lodging the
  request for a name, informs the Domain Provider
  that they are asserting a claimed right to a name.

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.gov.ng Dispute Resolution Guideline contd.

• In the case of conflicting name requests between
  an applicant and an existing gov.ng domain name,
  in the parties should attempt to resolve the
  matter, and where the dispute includes change of
  registration details it should be reported to
  NITDA.
• Where a dispute is not resolved between the
  parties, this should be referred to NITDA for
  further consultation and mediation.
• Where NITDA is unable to resolve the dispute it
  shall be referred to Arbitration.

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• Escalation procedures disputes within a State
• Where a dispute within a State is not resolved
  by the relevant agencies of the State ( e.g. The
  Secretary to the State Government), it should be
  escalated through governance mechanisms within
  that State, or referred to NITDA.
• Escalation procedures disputes across multiple
  States
• Where a dispute involves more than one state, it
  should be referred to the Secretaries of the
  Governments of the states. If a dispute in the
  above circumstances cannot be resolved, it may be
  escalated to the NITDA for further mediation.
• Escalation procedures disputes involving parties
  outside of the gov.ng domain
• Disputes that extend outside of the gov.ng domain
  should refer to the NIRA Dispute Resolution
  Process.

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• THANK YOU