Re: Double Standards

[Kent Crispin <kent@songbird.com>]

On Thu, Jul 30, 1998 at 01:06:21AM -0400, Jay Fenello wrote:
> At 06:51 PM 7/29/98 -0700, Kent Crispin wrote:
> >> I did read your paper.  I was unable to find any reasoning
> >> in it why privately held TLDs will not be in the root in the
> >> near future, just why you think that should be the case.
> >
> >No it was why I think it *will* be the case.
> >The reasoning, in a nutshell, is this:
> >
> >    1. nIANA can't remove active TLDs from the root, without extreme
> >    difficulty and running the risk of lawsuits from SLD owners.
> 
> 
> Hi Kent,
> 
> As before, I disagree with your premise.  The NewCorp 
> *can* remove active TLDs in response to a violation of
> clear policies that the registries agree to in advance.  

And as I said before, if you think that .com can be removed from the
root because NSI does something against nIANA policy, you are sadly
mistaken.  Furthermore, such a move would be unconscionable
on the face of it -- it would be harming the SLD owners for the
actions of the registry.  Not to mention that the extent of the harm 
could be devastating.

> Under this scenario, the SLD owners would have a valid
> claim against the *registry* for violating the terms of
> the listing requirements of the NewCorp, not against 
> the NewCorp for enforcing those requirements.

Are you dreaming? Of course nIANA could be liable! Suppose nIANA
*malicioulsy* or *negligently* removed .com from the root.  That would
be clearly a cause for action on the part of every SLD owner, and IT
WOULD BE COMPLETELY JUSTIFIED, if nIANA acted maliciously or
negligently.  But it is ONLY A COURT OF LAW that determines malicious
intent or negligence.  So *any* time nIANA removed a TLD from the root
it would be open to legal action.  This is a simple fact.

> It would be similar to a radio station losing its 
> frequency for violating the terms of its license.

No it wouldn't.  If a radio station goes off the air its listeners
aren't materially affected, though the radio station may go out of
business.  If a TLD goes out of the root, its customers will be
seriously damaged, and many business would simply cease functioning. 
Unlike a radio station, a TLD owner can use its own customers as
hostages. 

When Uncle Sam took a massive regulatory action against AT&T, it
didn't shut off the phones -- it *couldn't* shut off the phones --
*government* would cease functioning without the telephone
infrastructure.

It isn't as obvious, but if .com were removed from the root
governments would be seriously impacted.  Soldiers in .mil eat food
produced in .com. 

-- 
Kent Crispin, PAB Chair			"No reason to get excited",
kent@songbird.com			the thief he kindly spoke...
PGP fingerprint:   B1 8B 72 ED 55 21 5E 44  61 F4 58 0F 72 10 65 55
http://songbird.com/kent/pgp_key.html