Re: [ga] RE: Antitrust Violations: Fact versus Fiction

[eric@hi-tek.com]

Dear Dr. Froomkin,

I am only a mild speed reader but it would seem to me that your analysis
misses an important point.

Concessionaires.  If indeed the US Gov can give license to a private
enterprise to exploit a national resource such as the Internet then they
are doing no different then when they allow lumber companies of federal
land,  cattle ranchers of federal leased land and tour operators in
federal parks.
There is plethora of law in this area.  One of the keys is annual
bidding and multiple concessionaires.
Somewhere at sometime someone got confused and decided that this
internet thing was different.  Probably because they were ignorant.
1. If it is a USG resource then it should be managed by the BLM.
2. If it is not a USG resource then DoC should stay the hell away from
it as it violates international treaties to interfere with international
rights.
3. ccTLDs that have it together regard their internet as a national
resource and treat it accordingly, exploitation versus security and
conservation being the watchwords.

So for all of your treatise you must first answer a question and make a
statement of thesis;
Is the Internet as we use it a USG resource or not?
If it is not then ICANN is nonsensical
If it is then ICANN is obliged to follow the rules of using a USG
resource, which I own a part of.

(just another way of looking at it)
e

"Michael Froomkin - U.Miami School of Law" wrote:

> http://personal.law.miami.edu/~froomkin/articles/icann-antitrust.pdf
>
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>                 Please visit http://www.icannwatch.org
> A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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