Re: [ga-roots] Capture and Diversion (was Smart Browsers)

[Bret Fausett <baf@fausett.com>]

Patrick Corliss wrote:
> It seems to me that ICANN can't help but consider the issues of "capture"
> and/or "diversion" as matters of policy.  Otherwise they will have lost
> control of the whole internet.

A couple of points.

First, this isn't about controlling the internet, or even making it safe.
It's about coordinating a handful of core functions (primarily domain name
registrations and IP address assignments) in a stable, sane and predictable
manner. 

Second, you'd be asking ICANN to make policy in an area in which it could
not enforce that policy. Remember that ICANN's authority comes from its web
of contracts with registries and registrars, flowing down to registrants.
There's no contractual privity with software developers, web designers,
ISPs, and many others (including alt root operators). So any policy
pronouncement directed at those people will be advisory only.

There's no legal reason that ICANN couldn't issue advisory "policy
proclamations" (e.g., "stop sending spam," "don't design your web site so
that new windows pop open when a user tries to close one") but its resources
would be better spent on areas more directly within its mandate. Over time,
ICANN's credibility and authority would be eroded  if it issued
unenforceable statements of policy on matters not within its mandate.

     -- Bret

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