Re[3]: [ga] Nomination for representative to the NC Review TF - Eric Dierker (fwd)

["William X. Walsh" <william@userfriendly.com>]

Hello Stefan,

Thursday, June 28, 2001, 6:06:39 AM, Stefan Probst wrote:

> OK,
> since this is not about hi-tek, I will answer here to the list, and not 
> privately.

> At 23:23 26.6.2001 -0700, William X. Walsh wrote:
>> > On-line credit-card payments need https protocol, which includes
>> > encryption. Encryption is by the letter of the rules usually illegal (all
>> > the customers would need a permission). Will Hi-Tek get the rules changed
>> > first, or just produce again another factum which defies the rules?
>>
>>Where do you get this from?

> There is a decision from DGPT of November 2000 which says, that only a few 
> offices can use encryption freely. All others have to get permission. DGPT 
> is something like the Post and Telecom Ministry here in Vietnam.
> The relevant paragraph of the decision is IMHO much too short-sighted, but 
> it is written ....

Ok, my mistake.  I thought you were referring to other restrictions.

>>The registry makes that decision.

> Actually no. The registry is only carrying out decisions of the relevant 
> ministries.

Well, in this case, General Department of Posts and Telecommunications
of Vietnam IS the registry.  They may have operations contracted out,
but when I say registry, I mean the registered point of authority with
IANA who was delegated the domain.

>>They do not need a dispute policy, most ccTLDs say they abide by
>>rulings of courts of competent jurisdiction over the registry or the
>>registrant, and that's it.  This UDRP nonsense in gTLDs is something
>>supralegal that shouldn't be encouraged for ccTLDs to use.

> I don't agree, since jurisdictions in most developing countries would 
> probably be unable to resolve any problems, because there are no laws to 
> cover those issues. Besides that lots of other problems.

I don't consider this a problem.  A very large number of ccTLDs have
no dispute policy except to abide by court rulings, and many of them
have about the same or less internet aware/trademark law than Vietnam
does, I'm sure.  If they have no laws, then there can be no violations
of the law that warrant a need for a dispute policy.  Dispute policies
should only codify a process for rights that are established by law.

>>As for whois, that is also optional for the registry.

> No RFCs which regulate that?

The only RFC that governs ccTLDs is 1591, since that is what they were
delegated under. A large number of ccTLDs do not operate whois
services.

RFC's are not mandatory, anyway, and IANA and ICANN's regulatory power
over the ccTLDs is very tenuous at best, since they (the ccTLDs) are
not under contract to them so there is no enforcement mechanism.

-- 
Best regards,
William X Walsh <william@userfriendly.com>
Userfriendly.com Domains
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