Re: [ga] root vs roots - the false but usefull confusion

[Jeff Williams <jwkckid1@ix.netcom.com>]

Darryl and all assembly members,

Dassa wrote:

> |> -----Original Message-----
> |> From: owner-ga-full@dnso.org On Behalf Of Jefsey Morfin
> |> Sent: Wednesday, May 30, 2001 9:15 PM
> |> To: ga@dnso.org
> |> Subject: [ga] root vs roots - the false but usefull confusion
>
> <snip>
> |> It is not the root of the iCANN: the iCANN has deliberately
> |> chosen to have its mini-root (authoritative on its TLDs] being only a
> part of
> |> the full and unique root.
> |>
> As ICANN has the major share of the name space the above is a little
> misleading.
>
> There has been a bit of discussion on ICANN using US law to control other
> roots, mainly in the form of making it illegal for ISP's in the US to use
> them.  This has been touted as not being possible.
>
> Has anyone given any thought to other legal means ICANN has at its
> disposal?  I would think that ICANN would be able to swing contractual
> arrangements to control access to the legacy root.  Whereby anyone who uses
> the legacy root is under a contractual obligation to acknowledge it as the
> authoritive unique root and to not use the legacy root simultaneously with
> another root.  They could also knobble the other roots use of the legacy
> root in the same manner.  Unless there is a contact authorising access to
> the legacy root, access is unauthorised and illegal.

  This is one method that has potential to be sure.  However such a proposed
contract or set of contracts would need to be very careful to not get crosswise

with other federal statutes dealing with free market enterprise issues.  I
won't
list them individually here, but there are a number of them...

>
>
> ISP's would be free to use any root they choose, but to use the legacy root
> they would be obligated to only use it.
>
> To me, this would allow ICANN to give the legacy root the authority that
> people are saying it lacks.

  I am glad you now recognize that there is no such thing as the "ICANN
Roots" as you have used that description for the USG Legacy Roots
in the past.  Even with such a contractual arrangement that you
suggest, it would not necessarily carry the force of contract law
outside of the US for those root servers in the legacy root structure
that reside physically outside or the US, and are already under
a contractual arrangement with the USG presently.  As such,
the contractual arrangement that you suggest here would be
circumventable to that extent at least.

>
>
> Just a late night thought.

  Well it was a good thought, just lacked some considerations that
late night thoughts often do.  >;)

>
>
> Darryl (Dassa) Lynch.
>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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