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Subject: IP: more on GAO releases report on ICANN; critics say time to ditch it



>X-Sender: declan@mail.well.com
>X-Mailer: QUALCOMM Windows Eudora Version 4.3
>Date: Sun, 09 Jul 2000 11:22:43 -0400
>To: politech@vorlon.mit.edu
>From: Declan McCullagh <declan@well.com>
>
>*********
>
>http://www.wired.com/news/politics/0,1283,37455,00.html
>ICANN Gets Mixed Review
>by Declan McCullagh (declan@wired.com)
>4:30 p.m. Jul. 7, 2000 PDT
>WASHINGTON -- Congressional investigators have extended a cautious 
>blessing to the nonprofit corporation created to oversee Internet domain 
>names and addresses. [...] The GAO said, however, that it may not be legal 
>for the Commerce Department to turn over control of the "root server," the 
>master list of the allowable top-level domains. "It is unclear if the 
>(Commerce) department has the requisite authority to effect such a 
>transfer," the 45-page report said.
>
>The GAO report:
>http://www.gao.gov/new.items/og00033r.pdf
>
>*********
>
>>Date: Fri, 07 Jul 2000 17:50:59 -0400
>>From: Milton Mueller <mueller@syr.edu>
>>To: declan@well.com
>>Subject: Re: FC: Jamie Love replies on ICANN and e-democracy project
>>
>>I would take Declan one step further and say that DNS was NEVER "privatized."
>>
>>By "privatization" I mean the creation of a clear and definite system of 
>>property
>>rights that would pave the way for a competitive marketplace. The US Commerce
>>Department did not do this. It contracted with a private sector 
>>corporation to
>>take on some administrative functions related to making policy for DNS.
>>
>>That private corporation is becoming more and more governmental because 
>>of the
>>power it holds over a unique essential facility (the root of the DNS, and the
>>address space).
>>
>>Read the recent GAO report. The US government retains ultimate authority 
>>over the
>>root. The report can't figure out whether the root and address spaces are
>>"property" that can be turned over nor can it say whether Commerce Dept 
>>has the
>>authority to turn that property over to anyone. So the government has just
>>contracted out some of its functions.
>>
>>This gives us the worst of both worlds. No procedural protections of 
>>government,
>>no competitive checks and balances from the marketplace.
>
>*********
>
>>From: "Erick R. Gustafson" <EGustafson@CSE.org>
>>To: "'declan@well.com'" <declan@well.com>
>>Subject: RE: Jamie Love replies on ICANN and e-democracy project
>>Date: Fri, 7 Jul 2000 15:13:58 -0400
>>X-Mailer: Internet Mail Service (5.5.2448.0)
>>
>>Private companies, non-profit organizations, or government entities it
>>matters not, they will all act in their own best interests first.  That is a
>>central principle of public choice economics and public choice economics is
>>at the root of the problem with ICANN.  It should come as no surprise that
>>ICANN's mission is growing or that corporations and non-profits seek to have
>>influence over it.  Each is only reacting to incentives in the political
>>economy.  The mistake is in creating ICANN at all.  Order on the net, unique
>>IPs and all can and should be left to private actors operating outside of
>>political systems.  I have unique credit card numbers, unique bank account
>>numbers and other unique identifiers, all of which have been provided to me
>>by the private sector because there is a market incentive to do so.  The
>>growth and popularity of the Internet ensures that similar results will be
>>achieved for those who venture online.  Telegraph and telephone companies
>>conquered this problem and interconnected with each other a century or more
>>ago (albeit on a smaller scale).
>>
>>The means to ensure the public has a voice is to eliminate the institutions
>>(read ICANN) that act as enablers for corporations or strong-willed
>>non-profits to unduly influence the process.  ICANN cannot avoid becoming
>>the tool of a corporation interest or political view.  Consumers, and
>>for-profit corporations reacting to their demands, will produce the most
>>efficient marketplace possible -- one that solves the problems ICANN
>>currently struggles with and overcomes any future mission ICANN dreams up.
>
>*********
>
>>Date: Sat, 08 Jul 2000 16:53:44 +0900
>>To: farber@cis.upenn.edu, declan@well.com, Barry Steinhardt <Barrys@aclu.org>
>>From: Dave Crocker <dcrocker@brandenburg.com>
>>Subject: Re: IP: Civil liberties groups launch e-democracy, ICANN
>>   project
>>Cc: ip-sub-1@majordomo.pobox.com, declan@well.com,
>>         Barry Steinhardt <Barrys@aclu.org>
>>
>>
>>>>Date: Thu, 06 Jul 2000 11:22:54 -0400
>>>>To: declan@well.com
>>>>From: Barry Steinhardt <Barrys@aclu.org>
>>>>
>>>>Increasingly, ICANN has been setting policies on issues that will have a
>>>>significant impact on the free expression and privacy rights of 
>>>>Internet users for "
>>
>>Dave,
>>
>>A little bit of rhetoric is as bad as a little bit of knowledge.
>>
>>Since ICANN relates only to IP addresses and DNS administration -- and 
>>notably has nothing at all to do with content -- how can it have any 
>>"significant impact on the free expression and privacy rights of Internet 
>>users".
>>
>>Rather than indulging in hyperbole, perhaps Barry would like to provide 
>>some basis for his sweeping claim?
>>
>>d/
>>
>>=-=-=-=-=
>>Dave Crocker  <dcrocker@brandenburg.com>
>>Brandenburg Consulting  <www.brandenburg.com>
>>Tel: +1.408.246.8253,  Fax: +1.408.273.6464
>>675 Spruce Drive,  Sunnyvale, CA 94086 USA
>
>*********
>
>>Date: Fri, 07 Jul 2000 07:57:14 -0700
>>To: declan@well.com
>>From: Malcolm Hoar <malch@malch.com>
>>Subject: Re: FC: Jamie Love replies on ICANN and e-democracy project
>>
>>At 07:14 AM 7/7/2000 , you wrote:
>>>[I don't think that Jamie and I are all that far apart. For instance, he 
>>>and I agree that there can be multiple namespaces with thousands, and 
>>>perhaps many more, top level domains.
>>
>>Declan,
>>
>>Adding more TLD's isn't going to achieve diddly-squat, IMHO.
>>
>>McDonalds will spend a crushingly large amount of legal effort
>>controlling McDonalds @ any-new-TLD-you-can-think-of. Via proxies,
>>if they need to, to circumvent any exclusionary rules.
>>
>>>It's true that a few large corporations appear to have a lot of 
>>>influence over ICANN, but I've been in Washington long enough to realize 
>>>that putting the U.S. government in control -- or worse yet, the UN or 
>>>ITU -- isn't going to improve the situation.
>>
>>Agreed.
>>
>>>  More competition will. --Declan]
>>
>>Heh, like the 1996 Telecommunications Act? :-(
>>
>>
>>--
>>|~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~|
>>| Malcolm Hoar           "The more I practice, the luckier I get". |
>>| malch@malch.com                                     Gary Player. |
>>| http://www.malch.com/               Shpx gur PQN.                |
>>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
>*********
>
>
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