RE: [ALSC-Forum] Self-regulation and ICANN

[Bruce Young]

Jeff Wrote:

>> If we assume that ICANN's policies are treated as law, then that can be
>> changed.
>
>  But they aren't treated as laws on and international basis or even within
the
>US.  ICANN is only a advisory Non-Porfit corp at present.

Isn't that what we're trying to change?

>> Yes.  But if we assume that A) all registrars should be given equal
rights
>> on the 'Net, and B) we manage to turn things around and gain ICANN the
>> credibility and authority it needs to be effective, then any rules ICANN
>> sets governing BIZ would apply to BIZ everywhere.
>
>  Not according the Don Evans secretary of the Department of  Commerce.
>His letter in June to the ICANN board which was published, points this
>out quite clearly.  In addition I have had two meeting with Don that also
>made it clear the the free Market place where different Registries and Root
>structures can and should exist to provide of healthy competition.

I agree, as long as they all have DNS access, so Web users can "find" them
without plug-ins, etc.
that isn't the case today.

>However the ICANN BoD decided in November of 2000, to "Select" two TLD's
>.BIZ and .INFO in which other registries and/or root structures already
>existed.

Yeah.  Dumb.  Better to cede in-use TLDs and move on.

>Atlantic Root ( First .BIZ directory) has filed suit against ICANN
>for restraint of trade and other allegations in this regard.  As such, it
seems
>that given that the ICANN BoD knew in advance that these other registries
>running TLD's that the ICANN BoD was considering shows intent.  I
>believe that the court may find in kin in this regard.  If so, than this
BoD is
>in violation of the law.  If not, it is obvious that this ICANN BoD with
two
>possible exceptions, have at a minimum acted in contrast to the best
interests
>of the Stakeholders/Interested parties and moved deliberately in the
direction
>of splitting the DNS, which is broadly excepted as a bad thing.

The same argument has been made by ICANN about the "rogue" registries.  But
these alternative registries only exist because ICANN has been unable to
react in a timely manner to market pressures for new domains.  ICANN should
be trying to "bring them into the fold" by validating their right to
administer their existing TLDs and working with them, instead of trying to
undermine them by selling registration rights to others for existing
domains!

>  We are here to try to insure that stakeholders desires, wishes and policy
>choices are implemented, upheld and enforced, and determined by the
>stakeholder themselves.

Amen, Brother!  :)

>Not always true.  Most individual citizens fail to acquire the proper
>legal representation in most instances.  As a result, their cases once
>filed are not well presented.  We have already beaten Louis Touton
>and the ICANN legal staff three times, now.  I predict we shall have to
>do so again...  Others also have been successful, but not many.

I was focused on a broader view of recent court activity across the entire
high-tech spectrum -- where the courts in the last few years have sided
almost consistently with the moneyed interests instead of private citizen's
rights -- and reflected that against our chances for success here.


Bruce Young
Team Lead, Advanced Desktop Services,  Nike Program
Lockheed Martin Global Telecommunications
Phone: 503.532.9834
Fax: 503.532.2617
E-mail:  bruce.young@nike.com