Re: [ga] New TLD White Paper released

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

> And if all that is a contradictory mess - we look to the course and conduct
> between the parties

Very good.  Now, take a hypothetical:

Let's say that Country X does not control the corresponding ccTLD in a zone
file under the control of a private party who owns a root server not located
in Country X.  Let's say that Country X never has had control of that ccTLD.
As between Country X and the root server operator, the course of dealing and
conduct of the parties is pretty well established - i.e. the ccTLD does not
belong to Country X.

> would seem that applying these principals would lead us to the conclusion,
barring
> well based legal argument to the contrary, that these are matters of
sovereignty.

Precisely.  Country X is sovereign over all within its territorial control.
The root server is not located there, nor is the root server operator, nor is
the zone file.  How do you propose they exercise their "right"?  Invade?

Oh, you want Country A, the home country of the root server operator, to
compel him/her, at gunpoint if necessary, to make a change in the zone file.
Do I have this correct?  And if the root server operator refuses to obey,
what sort of punishment do you propose Country A should visit upon him/her?

And Country A should do this.... why?

> If you have any of the foregoing that is contrary, I would be most
interested.
> It is poor to argue that a void of law leads to a void of rights.

And it is pretty poor to argue that countries all over the world gain an
ownership interest in data entries in the memory of my computer.


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