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The Network and Information Systems Regulations 2018

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The digital infrastructure subsectorU.K.

This section has no associated Explanatory Memorandum

10.—(1) This paragraph describes the threshold requirements which apply to specified kinds of essential services in the digital infrastructure subsector.

[F1(2) For the essential service of a TLD Name Registry, irrespective of its place of establishment (whether within, or outside of, the United Kingdom), the threshold in the United Kingdom is a TLD Name Registry which services 14 billion or more queries from any devices located within the United Kingdom in any consecutive 168-hour period for domains registered within the Internet Corporation for Assigned Names and Numbers (“ICANN”).

(3) For the essential service of a DNS resolver service provided by a DNS service provider, irrespective of its place of establishment (whether within, or outside of, the United Kingdom), the threshold in the United Kingdom is a DNS resolver service which services 500,000 or more different Internet Protocol addresses used by persons in the United Kingdom in any consecutive 168-hour period.

(3A) For the essential service of a DNS authoritative hosting service provided by a DNS service provider, irrespective of its place of establishment (whether within, or outside of, the United Kingdom), the threshold in the United Kingdom is a DNS authoritative hosting service which services 100,000 or more domains registered to persons with an address in the United Kingdom.

(4) For the essential service of an IXP provided by an IXP operator, irrespective of its place of establishment (whether within, or outside of, the United Kingdom), the threshold in the United Kingdom is an IXP operator which has 30% or more market share amongst IXP operators in the United Kingdom, in terms of interconnected autonomous systems.]

(5) In this paragraph—

(a)DNS” is a reference to “[F2Domain Name System]” which means a hierarchical distributed naming system [F2which processes and responds to queries for DNS resolution];

(b)DNS service provider” is a reference to “[F3Domain Name System] service provider” which means an entity which provides DNS services [F3accessible via] the internet;

(c)IXP” is a reference to “internet exchange point” which means a network facility which—

(i)enables the interconnection of more than two independent autonomous systems, primarily for the purpose of facilitating the exchange of internet traffic;

(ii)provides interconnection only for autonomous systems; and

(iii)does not require the internet traffic passing between any pair of participating autonomous systems to pass through any third autonomous system nor does it alter or otherwise interfere with such traffic; F4...

[F5(ca)“IXP Operator” means a person who provides an IXP to another person and, where one or more persons are employed or engaged to provide an IXP under the direction or control of another person, it means only that other person;]

(d)TLD Name Registry” is a reference to “top-level domain name registry” which means an entity which administers and operates the registration of internet domain names under a specific top-level domain.

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