Re: [ga] New TLD White Paper released

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

> What about the right of a nation over the ccTLD that corresponds to it

Where does this "right" come from?

Do they have the same right to the appearance of their name, or abbreviation,
at any other level of the hierarchy?
( hint: http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0754.html)

If I establish mx.johnberryhill.com, then must I delegate that 3LD to Mexico?

Why is the argument any different at the root level than it is at the level
above johnberryhill.com?

> As Prfr. Froomkin put it in one of his papers (please note that this is not
> an exact quote), sovereign nations may come to hold the position that
> control over the ccTLD assigned to them is an "appurtenance" of their
> sovereignty. Spain and Colombia have, for example.

I may come to hold the position that my neighbor's car belongs to me.  Only
in the minds of two-year-old children does a strong desire transform into a
perceived right of ownership.

> I do beleive that the right of sovereign nations, and other subjects of
> public international law, to control their ccTLD should be acknowledged.

Yes.  Let those sovereign nations operate their own root servers and their
own root zone files, and then they can exercise sovereignty over them.
Nobody is stopping them.



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