RE: [ga] New TLD White Paper released

["J-F C. (Jefsey) Morfin" <jefsey@club-internet.fr>]

On 22:01 24/03/03, Michael Froomkin - U.Miami School of Law said:
>I, of course, argued that no such right exists.  For it to exist it must
>have a source.  The name is a convenience created by a private standards
>body and used on a private network.  How could it become a subject of
>public international law?  No one has ever been able to explain this to me
>except to say they think it would be a nice result.  But to be legal it
>has to have a legal mechanism.  What is it?

Dear Michael, Rodrigo,
right is funded on the right of the source. Again, the ISO 3166 3 letters 
codes compliant root names have been created and used under the ITU rules, 
by the agreement of the State agencies in charge: FCC, European monopolies, 
Ministries and regulation authrorities of other countries. The ARPA root 
name (currently the "root") has been agreed into that system, under the 
authority delegated by these legal agencies. This founds the right.

Under the ARPA namespace, some TLDs have been accepted for tunelling, 
transit and conversion to other naming, numbering systems. The ISO 3166 2 
letters codes compliant ccTLD names have been accepted to tunnel TCP/IP 
traffic (over X.25 itself in moste the cases over Tymnet), as they were 
accepted for other tunnelling services (Telex).

These ccTLDs have been accepted as a technial convenience to the local 
internet user communities (LIC). They have no international legitimity per 
se, but the LICs have a moral legitimity within the Internet. It is spelled 
out in their creating document (RFC 920, which in turn found ICANN - cf. 
ICP-3). RFC 920 gives NO authority to the IANA over them (while it claims 
authority over com, net, etc: these are internal to internet but confusing 
outside - no ISO document on com, net, etc. as there is X.121 and ISO 3166).

Obviously each State has the authority of its own law to organize the ccTLD 
local community.

Summary:
- the origin of the namespace gives full authority to States over three 
letters ISO 3166 TLDs.
- the IANA has acknowlegded the full authority of the local user 
communities over two letters ISO 3166 ccTLDs
- States may decide locally to organize their LIC the way they want, but 
most users would consider it as civil rights violation.
- nations are not involved in any of this. Except that there is obviously a 
desire of ICANN to revive and impose its failed contract strategy in 
standardizing national ways through an international understanding (the 
ccSO membersghip). The rational being that without a global constable, the 
international users are not protected outside of their LIC.

jfc











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