ADNS - Re: FTC - Re: New.net - Re: [ga] Sen. Burns to the Chair of the Commerce Committee

[Derek Conant <dconant@dnsga.org>]

FTC proceedings are Administrative proceedings in front of an
Administrative Law Judge (ALJ).  FTC proceedings are not the kind of
'court proceedings' you are apparently describing. 

ADNS appears to promote a .usa TLD which some may believe threatens the
(legitimate) .us TLD and/or may create consumer confusion.  This could
be a significant issue.

I believe that your average consumer does not know what ICANN is or what
the legacy root system is, and probably could care less about what they
are or will be in the future.  I believe that the average consumer
believes that a domain name works on the Internet.  The FTC's apparent
position is that which what the average consumer believes the Internet
is, is what the Internet is.  

This is not about about educating consumers as to what the Internet is
or what WWW is.  FTC participation and action here appears to be about
establishing the standard of what the Internet and WWW is.  

With regard to your comment about New.Net going to jail, I never made
any such comment.  

All comments I have made in this public forum concerning the subject
matter are only of my own opinion and are not intended to be bias,
inflammatory and/or otherwise. 

Derek Conant
DNSGA President and Chairman


John Palmer wrote:
> 
> What a load of garbage!
> 
> First of all, the FTC action was based on the fact that they didn't feel
> that
> TLDNetworks gave proper disclaimers as to visibility of their domains. It
> has nothing to do with domain name similar to any other domains.
> 
> As long as New.Net gives legally sufficient information about the visibility
> of their domains, they are protected. Its all about properly informing
> consumers
> about the situation so that they can make a valid choice as to wether or not
> to spend their money.
> 
> FTC could not shut down an inclusive namespace provider as long as they
> gave adequate disclaimers. A domain registry is nothing more than a
> publisher of a directory of names that they (the registry) wishes to
> publish.
> 
> Publishers are  protected by The First Amendment of the United States
> Constitution
> The government is prohibited from violating the 1st Amendment.
> 
> I am in support of proper disclosure to consumers and support FTC
> action against those that do not follow the rules. It has yet to be
> determined if TLD networks did indeed break the rules or did not.
> 
> What I am suspicious of is whether or not there is some alterior motive
> behind this.  The motive would be an attempt by ICANN and its minions
> to close down any and all competition. I would be very interested in
> knowing (but will probably never know) what machinations went on
> behind the scenes. ICANN is a corrupt monopoly that can't stand
> competition and will (based on past behavior) go to extreme lengths
> to squash out the competition.
> 
> In our press release yesterday, I indicated that I was "pleased" with
> the FTC action. After all, TLD Networks "swiped" the TLD that
> we have been operating since 1995. Now, I can honestly say
> that I am having second thoughts about being "pleased". It all
> hinges on whether or not the FTC is fairly applying the law in this
> case. They may be. Only the court proceedings will tell.
> 
> I am heartened by the fact that an FTC spokesperson was quoted
> in one of the online news pieces yesterday as saying that they dont
> intend on going after inclusive namespace providers that give proper
> disclaimers about the limited visibility of their domains. I hope that
> was a sincere statement and not a cover.
> 
> Your obvious bias and inflammatory statements about "New.Net going
> to jail" are inappropriate in my opinion.
> 
> ADNS is not going anywhere and I hope that New.Net will stay the
> course as well.
> 
> John Palmer
> 
> ----- Original Message -----
> From: "Derek Conant" <dconant@dnsga.org>
> To: <david@new.net>
> Cc: <ga@dnso.org>; <ga@dnsga.org>
> Sent: Tuesday, March 12, 2002 12:33 PM
> Subject: FTC - Re: New.net - Re: [ga] Sen. Burns to the Chair of the
> Commerce Committee
> 
> > The DNSGA website is being worked on.
> >
> > In a DNSGA position paper filed with DoC on 11 May 2001, the DNSGA
> > pointed out as follows:
> >
> > "The DNSGA recommends that the DoC consider the significant consumer
> > protection issues, and U.S. Federal Trade Commission ("FTC") advertising
> > practice jurisdiction, concerning alternative top-level domain
> > ("altTLD") organizations that appear to be confusing consumers by
> > offering domain names that appear similar to, however, are not the same
> > nor compatible with the legacy root system."
> >
> > With the FTC charging representatives of the alternative root system, my
> > understanding is that New.net is not an accredited registrar and opinion
> > is that New.net domain names are bogus.  My understanding is that
> > opinion is that New.net domain names are not usable on the Internet, and
> > that they probably never will be useable.  My understanding through
> > New.net representations is that many consumers have purchased New.net
> > domain names.
> >
> > It seems that a defense to FTC charges regarding bogus domain names, or
> > a defense to FTC charges against the alternative root system, is that
> > the FTC appears selective in its attacks against the alternative root
> > system representatives, by not charging New.net with similar charges.
> >
> > Maybe the FTC just hasn't charged you guys yet?  If defendants have
> > adequate counsel, with my experience with the FTC, its advertising
> > practices group and amended section five, New.net will probably also be
> > charged by the FTC.
> >
> > Derek Conant
> > DNSGA President and Chairman
> >
> >
> > David Hernand wrote:
> > >
> > > Yes, why do you ask?  Also, on a related note, why is your website no
> longer
> > > accessible?
> > >
> > > DMH
> > >
> > > -----Original Message-----
> > > From: Derek Conant [mailto:dconant@dnsga.org]
> > > Sent: Tuesday, March 12, 2002 9:44 AM
> > > To: david@new.net
> > > Cc: ga@dnso.org; ga@dnsga.org
> > > Subject: New.net - Re: [ga] Sen. Burns to the Chair of the Commerce
> > > Committee
> > >
> > > Hey Dave, ...you guys still in business?
> > >
> > > Derek Conant
> > > DNSGA President and Chairman
> > >
> > > David Hernand wrote:
> > > >
> > > > As many of you know, New.net recently issued a policy paper regarding
> the
> > > > need to reform DNS governance that posits that the U.S. will maintain
> > > > control over the legacy DNS root.  One of the themes in our paper is
> that
> > > we
> > > > all must be brutally honest in assessing the current political and
> > > economic
> > > > landscape when devising solutions to the current broken structure.
> Based
> > > on
> > > > conversations that I and others from New.net have had with members of
> > > > Congress and DOC officials, we think that it is extremely unlikely
> that
> > > the
> > > > U.S. Government will give up control over the root in the foreseeable
> > > > future.  Senator Burns' letter provides further evidence of that
> point.
> > > If
> > > > true, then ICANN will never be able to achieve its mission, either in
> its
> > > > current form or in the form envisioned by Stuart Lynn.  In light of
> the
> > > > reality of continued U.S. control, we have proposed solutions that
> > > > contemplate ongoing control, but afford greater recognition of the
> > > interests
> > > > of ccTLD operators and greater reliance on market forces instead of
> > > ICANN's
> > > > notion of privatized worldwide government.  (For those that are
> > > interested,
> > > > our paper is available at http://www.new.net/WhitePaper_v2.pdf  (PDF
> > > > version)  http://www.new.net/WhitePaper_v2.html (HTML version)).
> > > >
> > > > David Hernand
> > > >
> > > > -----Original Message-----
> > > > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of Sotiris
> > > > Sotiropoulos
> > > > Sent: Monday, March 11, 2002 9:15 PM
> > > > To: George Kirikos
> > > > Cc: ga@dnso.org
> > > > Subject: Re: [ga] Sen. Burns to the Chair of the Commerce Committee
> > > >
> > > > George Kirikos wrote:
> > > > >
> > > > > Hello,
> > > > >
> > > > > --- Sotiris Sotiropoulos <sotiris@hermesnetwork.com> wrote:
> > > > > > The US never really had any intention of handing control
> > > > > > over the root to anyone, least of all an
> > > > > > pseudo-international body a.k.a. ICANN.
> > > > >
> > > > > Personally, I have no problems with US control over the root. Having
> it
> > > > > in the hands of a stable democracy with a mature legal system seems
> > > > > preferable to that of a quasi-UN board, with unknown intentions and
> > > > > difficult enforcement mechanisms. I prefer the devil I know, I
> suppose.
> > > > > :) [I'm Canadian, by the way, so supporting the Americans isn't a
> > > > > nationalistic thing for me]
> > > >
> > > > I'm Canadian as well!  Perhaps Canada should run the root?
> > > >
> > > > >
> > > > > What's important, though, is to not let the beast get out of
> control.
> > > > > It's mandate should be limited to the technical issues, without
> policy
> > > > > creep into areas beyond its scope.
> > > >
> > > > Fat chance of that!
> > > >
> > > > --
> > > > Sincerely,
> > > >
> > > > Sotiris Sotiropoulos
> > > >         Hermes Network Inc.
> > > >         Toronto, Canada
> > > >
> > > > ----
> > > > direct: 416.422.1034
> > > >
> > > > icq: 34564103
> > > > --
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