Re: don heath's comments

[Kent Crispin <kent@songbird.com>]

Simon Higgs allegedly said:
> 
> So what's different in this example to the existing .COM hoarding? Nothing.
> 
> Just pray hard that a partner of SAIC is not behind Freeview. SAIC's
> easily a big enough company for "coincidences" like that to happen
> innocently, let alone being planned/contrived.
> 
> RFC1591:
> 
>    2) These designated authorities are trustees for the delegated
>       domain, and have a duty to serve the community.
> 
>       The designated manager is the trustee of the top-level domain for
>       both the nation, in the case of a country code, and the global
>       Internet community.
> 
> Trustee has something vaguely to do with trust. If that trust is
> broken, the authority for delegation is also broken.
> 
>    3) The designated manager must be equitable to all groups in the
>       domain that request domain names.
> 
>       This means that the same rules are applied to all requests, all
>       requests must be processed in a non-discriminatory fashion, and
>       academic and commercial (and other) users are treated on an equal
>       basis.  No bias shall be shown regarding requests that may come
>       from customers of some other business related to the manager --
>       e.g., no preferential service for customers of a particular data
>       network provider.  There can be no requirement that a particular
>       mail system (or other application), protocol, or product be used.
> 
> With a few modifications, this will spell out the solution. Business
> partners of the designated manager don't get to hoard names.
> 
> The problem IS NOT "what if it happens?" It's too late then. The
> problem is "what is going to be done when it happens?"
> 
> What is the IAHC going to set in place to a) prevent this from
> happening, and b) resolve this if it happens?

The problem is not so much in describing what is bad.  The problem is
deciding on and enforcing sanctions.  It seems clear to me that,
independent of the shared/exclusive controversy, the IAHC will have to
deal with the issue of the "internet community" (in some sense)
policing the actions of registries.  This an ugly problem, but I 
think it is unavoidable.

So I think one of the outcomes of the IAHC should be engaging a legal
staff to set up a very strong way of getting conflict resolution into
the hands of the net community, as opposed to letting it be fought in
the courts of some particular country, or (just as bad) waiting for
some international treaty to be negotiated. 

-- 
Kent Crispin				"No reason to get excited",
kent@songbird.com,kc@llnl.gov		the thief he kindly spoke...
PGP fingerprint:   B6 04 CC 30 9E DE CD FE  6A 04 90 BB 26 77 4A 5E