Re: [ga-roots] Re: [ga] Letter to Dr. Vint Cerf

["NameCritic" <watch-dog@inreach.com>]

Kent I find it amazing that you state emphatically that TM Holders have so
many rights over Domain Name Holders when that involves "First Use" yet you,
the same person, the same Kent Crispin, I assume, do not believe that "First
Use" Rights do not apply in the .biz example.


If this is a different Kent Crispin from the one that fights for TM Holder's
rights I apologize and you can just ignore my post.


Chris McElroy aka NameCritic

----- Original Message -----
From: "Kent Crispin" <kent@songbird.com>
To: <ga-roots@dnso.org>
Sent: Tuesday, May 08, 2001 1:31 PM
Subject: [ga-roots] Re: [ga] Letter to Dr. Vint Cerf


> [copied from the main list, since it is really more of an issue for
> ga-roots -- my response to jefsey's open letter]
>
> Jefsey, I'm sure you didn't realize it, but you have made the strongest
> case I have seen so far for my proposal that there should be legal
> sanctions against the connection of alternate root system to the global
> Internet.  And of course, I don't speak for Dr Cerf in this matter.
> But you have posted these comments far and wide, and indicate yourself
> that you expect public response.
>
> Comments below:
>
> On Tue, May 08, 2001 at 07:56:26PM +0200, Jefsey Morfin wrote:
> > Dear Mr. Chairman,
> >
> [...]
>
> > I have two questions. The first one is strategic to the Internet and the
> > second is technical and legal. Both of them concern the decision of
> > introducing a "bis.biz" TLD colliding with the existing ".biz" TLD.
> >
> > 1. the strategic question is the following.
> >
> > You cannot ignore that the possible support by the iCANN of a second
.biz
> > is opposed and is not therefore based upon consensus. This means that
the
> > iCANN is here going beyond its Charter which is to manage the Consensus.
> > Some may argue that iCANN opponents are not representative and give fuel
to
> > an interesting theory of Consensus by exclusion. Others will respond -
and
> > I suppose you are among them - that bylaws give the iCANN the right to
act
> > without consensus should the motive or the urgency be good enough.
>
> Both are clearly true.
>
> > In all the ".biz" controversy we have heard many con and pros. There is
> > however a pro we never heard until now and that we are eager to hear
from
> > you: what is that so important to the Internet about the ".biz" TLD? And
> > what made you vote to take it away from Leah Gallagos?
>
> Nothing is being taken away from her.  She chose to use an alternate
> root system that was very unwisely connected to the global internet, and
> she can continue to do so.  However, her actions were irresponsible in
> that they ignored a very large scale process that has been going on for
> years, and she must take the consequences.
>
> > 2. The second question is both technical and legal. I will handle it
> > through a case study.
> >
> >      Background
> >
> > DNS timers, machine failures, mail service overloads, etc. do not permit
to
> > know which machine  an e-mail will travel through. The iCANN excludes
the
> > augmented roots from its own root. The augmented roots include the whole
> > inclusive name space, i.e. every non colliding TLD including iCANN's
TLDs.
> > It is not possible to foresee the root used by every machine on an
e-mail path.
> >
> > In case of collision (the same TLD being used on different roots) this
> > means that a mail bound to a given host under one root, may land on
another
> > host under another root.
> >
> > This is different from an error or of the hacking of the mail service.
Here
> > the mail service works perfectly: the final error is the result of the
> > network misconfiguration which is the TLD collision.
> >
> >      Description of the case (the use of IBM name is just for better
> > understanding)
> >
> > 1) let suppose my name is Ian B. Martinez and I own ibm.biz on existing
> > ".biz" service.
> > 2) let suppose the DoC authorizes the iCANN to proceed with your own
".biz"
> > TLD, named here after "bis.biz" for better understanding.
> >
> >      Questions:
> >
> > 3) I send a mail to accounting@ibm.biz. Can you certify that that mail
will
> > always reach my own "accounting" mailbox on my own ibm.biz host (and not
> > one under "bis.biz")?
> >
> > 4) the IBM Tax Advisor sends a mail to the IBM, Accounting VP at
> > accounting@ibm.biz (i.e. bis.biz). Can you certify that his mail will
never
> > reach my own ibm.biz host?
> >
> > 5) can you certify the iCANN and the DoC are not legally responsible for
a
> > possible wrong delivery while they decided to create this
misconfiguration?
>
> The misconfiguration is in creation of a .biz in an alternate root
> system, and connecting that to the global Internet -- an action which
> exposes one to all kinds of problems, not just the one you outline.
>
> > 6) I assume that I am the legitimate owner of the data I receive in my
> > mailbox and I may freely disclose it to the press (BTW could be sent to
me
> > on purpose). Can you certify that the iCANN and the DoC will not be held
> > responsible for the harm which might result to IBM?
>
> Actually, the entity that needs to worry about being held responsible
> is the party who created an alternate TLD and advertised it.
>
> > 7) if a mail of mine was received by another party and disclosed due to
the
> > collision iCANN would have advised to the DoC, who would you advise me
to
> > sue?
>
> The operator of the .biz that is operating in an alternate root.  Such
> operation is in direct contradiction to the best technical advice
> available (RFC 2826), and it is clearly irresponsible to operate in
> contradiction to such authoritative advice.  I am not a lawyer, but in a
> US court, at least, willfully ignoring such important and widely known
> information would be extremely damaging -- worse than mere negligence.
>
> If I were Ms Gallegos, I would be thinking very hard about this.
>
> --
> Kent Crispin                               "Be good, and you will be
> kent@songbird.com                           lonesome." -- Mark Twain
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