Re: [ifwp] EFF comments on IANA/NSI draft

[Jay Fenello <Jay@Iperdome.com>]

This is *not* about Internet Governance!
This *is* about Internet Governance!

This is NOT about Internet Governance!!
This IS about Internet Governance!!

This *IS* about Internet Governance!!!
This *IS* ???

For almost two years, we have heard from the leaders of the 
EFF and other organizations that this process was NOT about 
Internet Governance.  They claimed that it was simply about 
taking care of some minor administrative details to keep 
the Internet running properly.

Bottom line, few wanted to admit that we have been debating
the future of Global Internet Governance -- not only the minor
administrative details, but eventually, the major public policy
issues that will affect every Netizen of the entire virtual World!
Small things like access, free speech, privacy, etc ;-)

So why is the EFF, all of a sudden, singing a new song?
Could it be that they changed their stripes??

Well, this latest case of intrigue started back on September
17th.  That's when John Gilmore wrote a lengthy email titled
"Initial analysis of new Draft NSI/IANA Bylaws."  It was a
surprising work, because it was a drastic departure from 
John's previous positions.  

It was broadcast on Dave Farber's Important Person's (IP) list.
If John Gilmore's position was surprising, having it distributed
to the reported 20,000+ members of Farber's list was shocking!

It was so surprising, in fact, that Dave Farber felt compelled to 
preface its distribution with an unusual message that said he tries 
to "present all serious opinions on an issue,"  that he was "proud 
to be called a liberal," and a promise to "send out responsible 
arguments on all sides of an issue."

Thinking that it was an odd email, combined with an odd intro,
I decided to take Dave up on his offer.  I sent him a copy of my
summary of the NSI/IANA Bylaws, and I asked him to forward it.
When he did not, I asked:

	Was it not a serious opinion?  
	Was it not a responsible argument?  

He promptly replied that he was planning to forward it, but that
he was having formatting problems.  So I sent him a pristine copy,
and he again promised to publish it.  Here we are, ten days later, 
and nothing!

In my opinion, the EFF announcement is propaganda, pure and
simple.  It is probably part of a new PR campaign (agenda to
follow).

Dave Farber (Jon Postel's reported graduate professor, and 
a member of ITAG) and John Gilmore (an active CORE supporter) 
have not changed their stripes.  They have simply put on their 
Halloween costumes a little early, and it is our job to figure 
out what kind of party they are throwing.

Whatever their agenda, it is time for the press to start 
covering this debate.  If this fight *is* about Internet 
Governance (**AND IT IS** -- even the EFF says so!), then 
their silence is highly suspect.  

Maybe they are confused.  Maybe every available reporter in 
the world is covering Clinton's sex life.  Or maybe the press 
is concerned about preserving their power, just like the many 
others who are currently negotiating behind closed doors to
capture power and control.

One thing is certain -- five years from now, people will be 

asking why these decisions were made with virtually no press 
coverage.

Stay tuned, this week should be *very* interesting.

Regards,

Jay Fenello
President, Iperdome, Inc.  
404-250-3242  http://www.iperdome.com


At 04:30 PM 9/24/98 , Ellen Rony wrote:
>This comment just in. . .
>
>FOR IMMEDIATE RELEASE -- 9:30 AM, Thursday, September 24, 1998
>
>CONTACTS: Alex Fowler, +1 415 436 9333, afowler@eff.org
>          Barry Steinhardt, +1 212 549 2508, barrys@eff.org
>          John Gilmore, +1 415 221 6524, gnu@toad.com
>
>
>Internet Administration Plan Undermines Free Speech and Effective
>Governance
>
>Electronic Frontier Foundation Proposes Revised IANA Bylaws Emphasizing
>Need to Protect Free Expression, Openness, and Effectiveness
>
>SAN FRANCISCO, CA -- A proposed plan to revamp the Internet domain
>naming system would threaten both the democratic governance of the
>Internet, and basic human rights of free expression and due process on
>the Internet, said the Electronic Frontier Foundation (EFF) today.
>
>EFF's proposed substantial changes in the scheme in an open letter and
>set of proposed bylaw changes sent to the Internet Assigned Numbers
>Authority (IANA) and Network Solutions, Inc. (NSI).  Together, IANA and
>NSI have drafted a "New IANA" plan to revamp Internet administration.
>A June Clinton Administration White Paper called for changes reflecting the
>global nature of the Net, and addressing policy deadlocks,
>over-centralization, and several other current problems.  The New
>IANA plan is considered the main contender in satisfying these
>requirements.  EFF argues that the most recent New IANA plan fundamentally
>fails to meet these requirements.
>
>EFF Board member John Gilmore said, "We believe that the latest
>IANA/NSI proposal does not follow the requirements set forth by the
>White Paper for protecting openness and free expression."
>
>"EFF and many other organizations have quietly sent issues and
>suggestions to the architects of the New IANA over many months," he
>continued.  "We are publicizing this set of proposals because the
>deficiencies are so serious and time is so short."
>
>What's at stake is the administrative responsibility for technical
>details of the Internet.  A new nonprofit organization will oversee
>the management of domain name registration, Internet address
>allocation, and publication of technical standards and protocol
>agreements.  The New IANA, a nonprofit being formed to take on this
>responsibility, would determine future policy around these jobs.  NSI's
>five-year government contract to exclusively administer the COM, NET,
>and ORG domains is expiring after a six-month extension at the end of
>this month.  NSI has attempted to position itself to keep this job
>permanently, while many other parties would prefer competition in
>domain services.
>
>Shari Steele, Staff Counsel at EFF, said, "Internet administration has
>always guaranteed free speech and due process, since it has been done
>by U.S. Government contractors who are required to follow the U.S.
>Constitution.  If the New IANA moves Internet administration out from
>under the U.S. Government, as there is general agreement to do, the

>public will lose these guarantees unless they are explicitly written
>into the charter of the New IANA."
>
>EFF believes that the proposed New IANA Bylaws do not protect the public
>in the following four areas:
>
>* The lack of transparency and openness in the Bylaws prevents the
>  public from participating in the governance of the DNS;
>* The Bylaws are silent on the importance of protecting free
>  expression, which leaves the public vulnerable to arbitrary decisions
>  that violate the basic right to speak and publish freely;
>* The transition arrangements written into the Bylaws undermine the
>  authority of the newly formed IANA board, rendering their articulated
>  powers irrelevant; and
>* The lack of public disclosure of key contracts, and certain other
>  clauses assist in the perpetuation of existing monopoly structures.
>
>EFF has crafted a set of enhanced and revised Bylaws that address
>these four areas, which are vital to protect the public interest.
>
>"As a basic principle, any foundation for governance of a
>communications system, such as the Internet, should stand on the
>fundamental human right of free expression," said EFF President Barry
>Steinhardt.  "The strongest guarantees of free speech and publication,
>due process, and nondiscriminatory administration should be written
>into the charter of any organization empowered with Internet
>oversight."
>
>"Thousands of people have put years of effort into this next step in
>Internet governance.  We owe it to ourselves and to the rest of the
>Internet community to build a structure that will effectively grapple
>with the divisive and commercially lucrative issues at stake.  If we
>create an ineffective organization, or lose protection for fundamental
>human rights, it will take years of further work to clean up the
>resulting problems," added Gilmore.
>
>EFF has been tracking the DNS governance issue for the past several
>years. One of EFF's Board members is on the IANA Transition Advisory
>Group; another has agreed to join the Initial Board; a third was
>instrumental in the CORE effort to provide a capable competitor in
>global domain registration.  In addition, EFF's legal staff has
>tracked and commented on numerous proposed policies and drafts, while
>our activists have closely followed the controversies online and in
>the press.
>
>EFF's Letter and Revised Bylaws sent to IANA and NSI are on the Web
>at: http://www.eff.org/pub/GII_NII/DNS_control/
>
>Version 4 of the Proposed Bylaws for the New IANA, agreed to by
>IANA/NSI, are on the Web at: http://www.iana.org/bylaws-coop.html
>
>
>                           **********
>
>The Electronic Frontier Foundation is one of the leading civil
>liberties organizations devoted to ensuring that the Internet remains
>the world's first truly global vehicle for free speech, and that the
>privacy and security of all on-line communication is preserved.
>Founded in 1990 as a nonprofit, public interest organization, EFF is
>based in San Francisco, California.  EFF maintains an extensive
>archive at http://www.eff.org of information on electronic privacy,

>online free speech, and encryption policy.
>
>
>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>  Alexander Fowler
>  Director of Public Affairs
>  Electronic Frontier Foundation
>  E-mail: afowler@eff.org
>  Tel: 415 436 9333; Fax 415 436 9993
>
>  You can find EFF on the Web at <http://www.eff.org>
>
>  EFF supports the Global Internet Liberty Campaign
>  <http://www.gilc.org>
>
>
>      "If you want a friend in Washington, get a dog."  Harry S Truman
>_______________________________________________________________________
>Ellen Rony                                          //
>Co-author: The Domain Name Handbook              *="  ____ /
>http://www.domainhandbook.com                       \     )
>erony@marin.k12.ca.us                                ||  ||
>+1 (415) 435-5010
>
>
>
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