[ncdnhc-discuss] Resolution on GAC

Sat Oct 27 13:33:06 CEST 2001

Dear Michael,
Actually these issues have been covered decades ago by EDI standard. We all 
know that some people want to obtain what everyone want to refuse them. 
They play on the ignorance of the ICANN people, their desinformed reading 
of the WIP documents and on their constant attempts at redefining the 
world, the treaties, the justice, the meaning of the words, etc... so they 
may build their own overcomplex and unstable "solutions". This is quite 
boring and mentally tiring.

This will lead to either a total disinterest in the ICANN or to its quick 
replacement (the international affairs clock seems slow but decisions and 
moves are quite blunt).  All this boils down to a stubborn denial of the 
nature of the domain name as being what it is (a name for an internet 
ressource set), hence of the nature of the naming system, hence of the 
supposed mandatory management of the DNS, hence of the control of the 
world, hence of the network stability conceived as the protection of a few 
trade marks.

What is ironical is that while they try to protect a few TMs on a few TLDs 
they legally protect their take over in billions of TLDs. Also, as a small 
TM holder I an NOT happy with the whole system which does NOT protect me - 
no more than CocaCola, Ford, CNN or Philips or than Croix-Rouge, UN, or 
Presbyterian Church or Kent's privildeged yachtclub, etc.

Don't you think that the only appropriate responses to the GAC are:

1. The TMD Manager of .info is Affilias. Please go and talk to them. If 
Affilias needs a revision of their contract with the ICANN, ask them to 
contact the Staff to work out a draft agreement to be reviewed by the DNSO. 
In any case this will be a violation of the ICANN mandate and bylaws and 
Internet rules: ICANN must be equal to all and TLD registration should only 
be subject to a standard rule (cf. RFC 920). Let not add a bypass to it.

2. should we agree with afghanistan.info to be acknowledged by everyone 
through the world as a public service for the Afghani government, the world 
will understand taleb.info as a public service of equivalent level and 
audience for Talebans. The same for tibet.info: ask China. The same for 
corsica.info: ask France, the same for ira.info: ask Ireland and UK... the 
same for zapata.info: ask Alejandro. Frankly this is not the ICANN role. 
The ICANN role is only to accept a UN decision to create a ".uno" 
government chartered TLD, if it plans for enough registrants, has at least 
two names servers, a reasonable technical staff and does not want to grudge 
anyone.

The rest is wasted time, money and efforts toward instability, ie. roughly 
what terrorism is trying to achieve. Frankly it seems that we do not need them.
Jefsey

On 06:13 27/10/01, Michael Froomkin - U.Miami School of Law said:
>Seriously: the ICANN action is not supported by the international
>community.  It does not reflect any consensus in national or international
>law.  It reflects a factional viewpoint -- strongly and in some cases very
>sincerely held -- but that is one that even WIPO could not bring itself to
>endorse.  But the ICANN Bord could, and without community discussion. That
>should tell us something.
>
>We could of course ignore those facts, and say we wish to discuss the
>fait accomplit sprung on us without warning or discussion or bottom up
>consensus.  Or we could say we want things done properly.
>
>But given that we are forced to (re)visit this issue after even the WIPO
>report failed to sway the Board (despite your efforts), it's hard to see
>what your suggestion achieves other than appeasement?
>
>
>On Fri, 26 Oct 2001, Alejandro Pisanty - CUAED y FQ, UNAM wrote:
>
> > Hi!
> >
> > in proposing the "resolution on GAC", which really is a "resolution about
> > action prompted by a GAC resolution", it seems there are two possible
> > tracks:
> >
> > 1. denounce everything and close all discussions.
> >
> > 2. read ICANN's President's proposed plan of action carefully, discuss it,
> > and observe that it in turn recognizes the complex nature of the problem
> > and the diversity of points of view about the use of country and other
> > geographically related names, and that it calls for an open discussion of
> > the issue.
> >
> > In particular it emphatically calls to "Encourage the Domain
> > Name Supporting Organization to evaluate possible approaches
> > for longer-term arrangements concerning use of geographic names
> > within the DNS".
> >
> > Someone boasting international sensitivity would have realized long ago
> > that even if some think the GAC proposal is wrong, it comes from the
> > international community (moreover, from a number of developing countries).
> >
> > So - the rational, sane way to approach the matter may be to start a
> > discussion on the use of geographic names in the DNS. To conserve an ample
> > decision space, to further understanding of the complexities pointed,
> > among others, by Kathy, etc., I'd wish the motion to consider the
>I trust that
> > "resolution on GAC" be withdrawn (just a wish), and, whether that happens
> > or not, let's
> > hear the opinions of the experts, and of interested parties, as would
> > academic organizations interested in fairness and rationality.
> >
> > Do note that I voted against the GAC proposal, uphold my opinion, stand by
> > the majority
> > result of the Board vote, and think that opening a new stage of discussion
> > will still be productive even after many, many rounds of it.
> >
> > Alejandro Pisanty
> > 
> ..  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
> >      Dr. Alejandro Pisanty
> > UNAM  -  Educacion Abierta y a Distancia
> > Av. Universidad 3000, 04510 Mexico DF Mexico
> > Tel. (+52-5) 622-8713, 622-8633 Fax 550-8405
> >
> > http://www.cuaed.unam.mx
> > ---->> Unete a ISOC Mexico, www.isocmex.org.mx, www.isoc.org
> > =====>>> Participa en ICANN, www.icann.org
> > ---->> Internet y Sociedad? www.istf.org
> > 
> ..  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
> >
> >
> >
> > _______________________________________________
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> > Discuss at icann-ncc.org
> > http://www.icann-ncc.org/mailman/listinfo/discuss
> >
>
>--
>                 Please visit http://www.icannwatch.org
>A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
>U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
>+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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