[ncdnhc-discuss] Who will run .us?

Rob Courtney rob at cdt.org
Wed Oct 24 21:05:50 CEST 2001


Chun,

Excellent comments... regarding the possibilities if ".us" goes to a 
bidder who hasn't signed the MOU, I agree that we'll want to 
encourage the operator to negotiate some kind of good policy process.

Does anyone know if ICANN will pursue contracts with the new ".au" operator?

r

At 2:43 AM +0900 10/25/01, Chun Eung Hwi wrote:
>Dear Rob and others,
>
>First, I truly appreciate for all answers and comments regarding my
>question. Throughout those replies, I could know and understand more
>correctly what is happening regarding .us although still many questions
>remain. My thinking is as follows;
>
>1. AFAIK, at the moment, the delegee of .us is definitely NSI if we refer
>to the cctld whois information of IANA. At least, cctld constituency
>members think so. (please refer to
>http://www.wwtld.org/member_list/countrycodesort0917.php) If US Gov. argue
>that it is the delegee, it could bring in very serious confusion and
>strong challenges from other ccTLD managers.
>
>2. Harold Feld's thinking that there is no more IANA is quite far from the
>fact. Frankly speaking, for me, IANA looks like a magic hand of something
>invisible. As Michael Froomkin called it properly as mini-ICANN in his
>very impressive article (http://www.icannwatch.org/essays/dotau.htm), it
>abruptly appears up and makes some policy without any consultation with
>ICANN. And also its independent entity is confirmed by its contract with
>US Gov. (refer to http://www.icann.org/general/iana-contract-21mar01.htm,
>even here, it was clarified that its policy development procedure should
>abide by MoU of ICANN with DoC. Therefore, in the case of redelegation,
>any ccTLD should abide by RFC 1591 and ICP-1)  Paradoxically and as such,
>now, in the redelegation case of .us, I think, we could look forward to
>such magic power of IANA.
>
>3.  Based on this speculation, I think, even when the bidder public
>interest group had not made any MoU with was chosen for redelegation, that
>group can argue the legitimate documented procedure for redelegation
>including IANA's communication with other parties concerned or affected by
>the redelegation, IANA report, public comment on that report and ICANN
>board's authorization.
>
>4. One comment for the contract of ccTLD! I can understand that the
>trilateral contract model could be appropriate in the case of .us because
>since its initial stage, the role of US Gov. has been clearly remarkable.
>Whereas, in most other countries, the role of governments for each ccTLD
>has been almost nothing or if any, very weak. That's why many ccTLDs feel
>uneasy for the trilateral arrangement proposal. And moreover as Michael
>Froomkin pointed out it correctly, the involvement of government in ccTLD
>comes up from GAC principles that has never been adopted as a policy in
>ICANN.
>
>Due to these reasons, I think, the issue of .us is not simply an American
>issue but its redelegation process has very significant implication even
>to other ccTLDs.
>
>
>Regards,
>
>Chun Eung Hwi
>------------------------------------------------------------
>Chun Eung Hwi
>General Secretary, PeaceNet | phone:     (+82) 2- 583-3033
>Seoul Yangchun P.O.Box 81   |   pcs:     (+82) 019-259-2667
>Seoul, 158-600, Korea       | eMail:   ehchun at peacenet.or.kr  
>------------------------------------------------------------
>
>
>On Wed, 24 Oct 2001, Rob Courtney wrote:
>
>>  Chun,
>>
>>  The notion for future redelegations (and AFAIK no redelegations have
>>  actually implemented this yet) is that trilateral contracts will be
>>  signed between ICANN/IANA, the ccTLD operator, and the relevant
>  > government. That's what we expect to happen. Discussion about who is the
>>  actual current delegee (USG or NSI/VeriSign) is interesting one but I
>>  will leave that to some of the lawyers on this list. Harold's description
>>  of the current situation matches my understanding, though. I don't
>  > believe USG currently has any relationship with IANA (contract or
>>  otherwise) regarding ".us", and its silence for the last 16 years has
>>  been taken as assent.
>>
>>  As far as what CDT (and MAP, and other U.S. groups) have been doing: When
>>  the Department of Commerce issued its solicitation for a new .us
>>  operator, it did two important things:
>>
>>        * It effectively guaranteed that the new .us operator would
>>        be a for-profit company (not an NGO or other public-interest
>>        organization)
>>
>>
>>        * It required that the operator undertake some significant
>>        policy responsibilities regarding the domain's
>>        operation--things like outreach to domain name holders,
>>        policies for expansion of the space, dispute resolution, etc.
>>
>>
>>  Speaking for CDT, we were disappointed by this approach. Many in the US
>>  user community wanted to make sure that policy-making in ".us" was fair
>>  and representative, and since that's oustide the core competencies of the
>>  companies that would be bidding on ".us", a coalition arose to put
>>  together a policy-making structure that would be open, transparent, and
>>  inclusive of broader stakeholder interests. The coalition includes CDT,
>>  the American Library Association, Media Access Project, and other
>>  stakeholder & business groups.
>>
>>  The group signed a Memorandum of Understanding with three of the
>>  companies bidding for ".us" (Redwood Registries (a subsidiary of
>>  Register.com), Liberty RMS (a subsidiary of Tucows), and eNIC). The MOU
>>  states that if one of those companies wins the contract, they will work
>>  to help establish this new policy-making body and will begin using it to
>>  resolve policy questions.
>>
>>  Now we are waiting to see which bidder the Department of Commerce will
>>  choose. When that choice is made, our coalition will have to hustle to
>>  bring the .usPDC (.us Policy Development Council) online as soon as we
>>  can.
>>
>>  When the time comes to submit a redelegation request to ICANN/IANA, and
>>  assuming that the usPDC is operational and has a relationship with the
>>  registry operator, we hope that usPDC will be involved in that
>>  discussion. Ultimately, though, the contracts would be between the
>>  registry operator, ICANN/IANA, and USG.
>>
>>  All this is a second-best solution; we would have preferred that the DOC
>>  mandate a better policy process for ".us". But the coalition is hopeful
>>  that it can work with the cards it has been dealt to improve stakeholder
>>  participation.
>>
>>  r
>>
>>  P.S. If you want some more details on this feel free to e-mail me
>>  off-list or check out:
>>  - The Memorandum of Understanding between usPDC and the bidders:
>>  http://www.cdt.org/dns/010727dotus-mou.shtml
>>  - Our coalition's statement of policy for ".us":
>>  http://www.cdt.org/dns/010727dotus-policy.shtml
>>  - The members of our coalition (part of a press release):
>>  http://www.cdt.org/press/010727press.shtml
>>
>>
>>        At 10:57 AM +0900 10/20/01, Chun Eung Hwi wrote:
>>
>>        Dear Chris Chiu and others,
>>
>>        I have some questions regarding the redelegation of .us.
>>
>>        First, in my understanding, .us is also one ccTLD that is
>>        included in IANA
>>        database - http://www.iana.org/cctld/cctld-whois.htm
>>        Therefore, it is very
>>        natural for the redelegation to abide by RFC1591 and ICP-1.
>>        For the
>>        redelegation of one specific ccTLD, we have very clear
>>        documented
>>        procedure.
>>
>>        Second, according to that procedure, IANA should make a
>>        report for
>>        redelegation and get the authorization of ICANN board like
>>        all other
>>        redelegation cases up to now. Moreover, the operator of .us
>>        like all other
>>
>>        ccTLD cases should make a formal contract with ICANN. Those
>  >       contract
>>        drafts has already been posted on ICANN website for public
>>        comment.
>>
>>        Third, I heard that CDT have tried to make an MoU with new
>>        operator
>>        together with other public interest groups. This activity
>>        could be
>>        justified as follwing statements of ICP-1.
>  >
>>        "(a) ... The IANA will make them a major consideration in any
>>        TLD
>>        delegation/transfer discussions. Significantly interested
>>        parties in the
>>        domain should agree that the proposed TLD manager is the
>>        appropriate
>>        party. ...
>>
>>        (snip)
>>
>>        (e) ... It is also very helpful for the IANA to receive
>>        communications
>>        from other parties that may be concerned or affected by the
>>        transfer. In
>>        the event of a conflict over designation of a TLD manager,
>>        the IANA tries
>>        to have conflicting parties reach agreement among themselves
>>        and generally
>>        takes no action unless all contending parties agree. ..."
>>        (Excerpts from http://www.icann.org/icp/icp-1.htm)
>>
>>        Then, still I have never look at IANA report for the
>>        redelegation of .us.
>>        And I want to know what CDT and other public interest groups
>>        would respond
>>        to the DoC's plan.
>>
>>
>>        Regards,
>>
>>        Chun Eung Hwi
>>        ------------------------------------------------------------
>>        Chun Eung Hwi
>>        General Secretary, PeaceNet | phone:     (+82) 2- 583-3033
>>        Seoul Yangchun P.O.Box 81   |   pcs:     (+82) 019-259-2667
>>        Seoul, 158-600, Korea       | eMail: 
>>        ehchun at peacenet.or.kr 
>>        ------------------------------------------------------------
>>
>>
>>        On Thu, 18 Oct 2001, Chris Chiu wrote:
>>
>>        > The United States Commerce Department still plans to pick
>>        the future
>>
>>        > operator of the .us country-code top-level domain by the
>>        end of October
>>
>>        > 2001.
>>
>>        >
>>
>>        > See
>>
>>        > http://www.internetdemocracyproject.org/#highlights
>>        >
>>        > Sincerely,
>>        > Christopher Chiu
>>        > Global Internet Liberty Campaign Organizer
>>        > American Civil Liberties Union
>>        > _______________________________________________
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>>        >
>>
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