Re[4]: [ga] Status of the Review Task Force

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

Elisabeth, if the ccTLDs had been delegated to countries and their
governments, this might be relevant, but in fact that is not the case.
The few countries where the delegation has anything to do with the
government in that country are the exception, not the rule.

The contract between the IANA (and now ICANN) and most ccTLDs was
RFC1591 as it was written at the time of the delegation.  For ccTLDs
delegated prior to the first release of 1591, there would only be an
implied contract of questionable enforcement value.

That is how the ccTLDs were delegated, simply to those who requested
them, nothing more was required.


Monday, Monday, September 03, 2001, 3:51:40 AM, Elisabeth Porteneuve wrote:



> William X Walsh <william@userfriendly.com> wrote:
>> 
>> Sunday, Sunday, September 02, 2001, 9:00:11 PM, Peter de Blanc wrote:
>> 
>> > I concur (agree) with Elisabeth's comments here.
>> 
>> > Peter de Blanc
>> 
>> Elisabeth Porteneuve wrote:
>> > The ccTLDs represent Local Internet Communities, and contrary to the
>> > gTLD Registries, ccTLD Registries do not operate under the US law and
>> > jurisdiction, but under national law and jurisdiction.
>> 
>> But in fact, the ccTLD was delegated under an implied contract that is
>> subject to US Law.  So in effect, ccTLDs are, to a limited degree,
>> subject to US Law.
>> 

==>> This is the most frequent erroneous assumption.

>     The Internet network was built up by researchers and engineers, 
>     from the US and from several other countries. 
>     To have the simplest network, you need 2 sides, and you need
>     that the both sides wish to built it up. It is the exact story
>     of the intial Internet. No "delegations" - collaborative work.

>     The establishment of ccTLD started in 1985. It was an era of 
>     ancestors EARN-BITNET, SPAN - Space Physics Analysis Network, 
>     HEPNET - High Energy Physics Network, etc ....
>     Actually if you recall the naming scheme used for EARN or for SPAN
>     - it was based on ISO 3166 code, at the time the names of "nodes"
>     were limited to 8 characters!

>     At this pioneers time, the network deployment followed the 
>     international research and education communities needs.
>     Starting in 1987 the US National Science Foundation and its 
>     management were leading in international efforts helping 
>     the worldwide Internet to take shape (see the Project Solicitation 
>     for International Connections for the NSFNET, NSF90-69, July 1990,
>     prepared after many discussions with Europeans, with the idea 
>     to connect the NSFNET to European backbones, and share expensive
>     lines cost - I have an original paper copy in my archives, 
>     I have been there).

>     There was no contract under US law or any other law, there was 
>     collaborative work, and we were putting European taxpayers money 
>     to make Internet happen. 
>     In that pioneers time when the new country were connecting
>     (which means putting enormous resources on international connectivity),
>     it was using its own ISO 3166 code. The ccTLD happened this way.

>     Elisabeth Porteneuve




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