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

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.

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.

WHY IS NITDA DEVELOPING GUIDELINES?

o Our Responsibility under Section 6 of our Enabling Act, NITDA Act 2007

o 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;

o To accelerate Internet and Intranet penetration in Nigeria and promote sound Internet Governance by giving effect to the Second Schedule of this Act.

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.

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.

.gov.ng Dispute Resolution Guideline

 

o Any Dispute arising from the registration of a .gov.ng domain name shall be referred to Arbitrators.

o The Arbitrators Shall be three and shall be appointed by NITDA in consultation with FMCT and NiRA.

o 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.

• 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.

.gov.ng Dispute Resolution Guideline contd.

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.

THANK YOU