From: Mikael Pawlo
Subject: Re: [ALSC-Forum] Self-regulation and ICANN
Date: Tue, 17 Jul 2001 00:55:03 -0700

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Daryl Tempesta:
>>>
Even the US has a balance of power and you can see it
is hardly perfect. Power is derived by scarcity, there
is no scarcity which isnt artificial on the internet.
<<<<

I agree with this standing in general, but not the specifics of your
point. There is scarcity because of the lack of identical means of
identification. A domain name is used to cut search costs (in an
economical sense). There is scarcity of "good" top level domain names and
"good" second-level domain names. Therefore there is scarcity and thus
something to regulate.

I subscribe to Lessig's view on ICANNs function as expressed on
Lessig.org:

"If elected, I will staunchly defend free expression, privacy, open
architecture, and security, by ensuring that ICANN stays out of making
policy in these areas." 

"ICANN's job is not to become the trademark police; it is not to be the
tool of intellectual capital; its job is not to set policy for the
Internet generally." 

"ICANN's role is to be a tiny, coordinating body for technical standards
made elsewhere; its function is to assure those standards sustaing and
support the stability and diversity of the Internet."

In my opinion the co-ordination should be focused on top level domain
names. However, even such a tiny function is policy making in itself
(compare this to RFC 1591 where the late Dr Postel tells us that the IANA
is not in the business of deciding what is a country), why I trust the
governments with playing the role. When it comes to regulation, the
Internet is not very different from the environment. Everyone is affected
by it, but it can only be regulated in an efficient way by governments (at
least that is what practice tells us). Due to the international aspects of
the environment and Internet - Americans and Swedes basically breath the
same air and drink the same water and surf the same net - international
treaties should be formed to ensure that the countries do not destroy the
commons. However, I do not see this happen through a global environment or
Internet specific body where all the world citizens can participate. On
philosophical level it is a very appealing concept with a global,
all-join-in-please ICANN, but on a practical level I have a hard time to
grasp it, especially in the shadows of the development towards the current
ICANN.


Regards

Mikael


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