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Username: universal
Date/Time: Wed, March 7, 2001 at 4:31 AM GMT
Browser: Microsoft Internet Explorer V5.0 using Windows 98
Subject: Other existing TLDs to take legal action to avoid colliding TLDs, besides .BIZ

Message:
 

 
North Pole of America Inc.

February 9th, 2001

Attn: The Honorable Fred Upton, Michigan and Honorable Members
Subcommittee on Trade, Telecommunication
And Consumer Protection
2183 Rayburn House Office Building
Washington, D.C.  20515
VIA FAX NO.: (202) 225-4986 

Re: ICANN’s New Top Level Domains to Cause Serious Injury via its Policy  to Override Our Multi-lingual Top Level Domains 

Dear Gentleman/Gentlewomen:

On behalf of E=MC² Corporation, and North Pole of America Inc, two private Delaware companies, who are respectively the registry, and the registry administrator for the multi-lingual “.name”, and “.info” Top Level Domains, are advising you as follows:

1. Our attorneys have issued legal letters to ICANN, and The Global Name Registry of United Kingdom on November 7th, 2000, which copies are hereby attached, advising  ICANN their selection of “.name”, and “.info” TLDs  would be colliding with ours, but our request were ignored. Also, other prior letters sent by us before the new TLDs selection process, were also unanswered, and were apparently left out of the final report for the new TLD selection progress;

2. The approval of the ICANN recommended “.name”, and “.info” TLD would impair the rights of E=MC² Corporation, and North Pole of America Inc., which in our view would violate the U.S. Constitution, federal statute, and the common law. 

3. The approval of the ICANN recommended “.name”, and “.info” TLD would violate our Pending U.S. Trademarks, and might also prejudice a fair due process to the examination of the pending trademarks. Also, it is a violation of our Pending U.S.

4. In our view, the approval of the “.name”, and “.info” TLD violates the Memorandum of Understanding between ICANN and the DoC.

5. It is unfair, undemocratic, and abusive, that new companies can pay a $ 50,000 fee to ICANN to take away our rights, which we spent years developing, based on an experiment, ICANN calls the project a “Proof of Concept”. Just because ICANN has the ability to take away our rights, does not mean they have the right to do so.
Background


E=MC² Corporation (“E=MC²”) and North Pole of America Inc. (“North Pole”), are Delaware Corporations. E=MC² act as the registry, and North Pole act as the registry administrator (collectively “The North Pole Group”) for the “.name”, and “info” TLDs. The North Pole Group is in the business of franchising consumer brands to major corporations. As far back as 1996, North Pole has been using, and registering domain names under the “.name”, and “.info”  TLD.

In January 1998, David Kam, founder of The North Pole Group, started development of a new domain name system to resolve multi-lingual domain names, using including the “.name”, and “.info” TLDs. In April 5th, 2000, founder David Kam finally patented the multi-lingual domain name system (patent serial no. 09/537,474 and 09/480,764), which allows registration, and resolution of multi-lingual domain names in 7,000 languages. The multi-lingual domain names operate under the Universal Domain Name system.

The North Pole Group has a contractual agreement with one of the world’s largest ISPs, Digital Island Inc. (NASDAQ: ISLD), to manage up to 27 multi-lingual Universal Root Servers. Currently, 3 multi-lingual Universal Root Servers are deployed, namely in San Jose (USA), London (United Kingdom), and Montreal (Canada). The Universal Root servers will resolves all domain names (including the Universal Domain Names, gTLDs, ccTLDs, ORSC domains). The North Pole Group is a registrar member of Nominet UK, the .UK registry.

The North Pole Group has expended considerable capital setting up, and operating the multi-lingual Universal Root Servers. Also, a considerable amount of research, and effort was used to make the “.name”, and “.info” domain names to support 7,000 languages, including Chinese, Korean, Hebrew, Italian, German, Apache., and other languages.

The North Pole Group’s main Web site for registering multi-lingual domain names is located at http://www.domainisland.com . Numerous celebrities, and individuals have registered a “.name” multi-lingual domain name with us, such as JackieChan.name ( ).


Future problems to arise due to colliding TLDs

If the “.name”, and “.info” TLDs are added to  ICANN/DoC’s 13 root servers, it would mean that 2 different users typing in for example, the same domain name “JackieChan.name” into their Web browser, would lead to  2 different Web sites.

This is similar to the (202) area code for a telephone number, belonging to Washington, DC, being assigned by ICANN to another city in London, United Kingdom. There would be thousands of duplicate telephone numbers. Consequently, when you call a telephone number anywhere in the world, you will not know who will be at the end of the telephone line. It is in the interest of the public to prevent the fragmentation of the Internet. 

Also, Internet user will be prevented from finding our multi-lingual domain names, such as   (JackieChan.name).

The functioning of the entire Internet would be compromised, if the colliding TLDs, “.name”, and “.info” are added to  ICANN/DoC’s 13 root servers. It would also defeat ICANN’s purpose for maintaining stability on the Domain Name System, since the same domain name will lead to 2 different Web sites.

There will also be intellectual property, and trademark issues, since 2 different domain name registrants will be using the same domain names. We are talking about tens of thousands of duplicate domain names, which will lead to mass confusion, and numerous lawsuits between registrants. ICANN will be thwarting competition by re-directing their domain names to only function on ICANN/DoC’s 13 root servers, while the Universal Root Servers resolve all domain names, including gTLD (example .com, .net, .org), and ccTLDs (example: .ca, .tv.).


Freedom of choice, Freedom of Speech, and Freedom of Language

North Pole, through it’s hard work, and innovation is the first company to be able to register, and resolve domain names in 7,000 languages. The U.S.A. was built on innovation, free market, and fair competition.

ICANN will be thwarting competition, and stifling innovation by impairing consumers use, enjoyment of our “.name”, and “.info” multi-lingual domain name. It limits consumer freedom of speech, and freedom of language in the USA, and abroad. Since 93% of the world’s population’s mother tongue is not English, ICANN will be diminishing the public enjoyment of a multi-lingual domain name, and thus thwarting competition.

Thus, if  the “.name”, and “.info” TLDs are approved by DoC and implemented, the rights of  North Pole, E=MC², and Internet public will be immediately compromised.


Flawed, and unfair domain selection process 


The new TLD selection process is flawed, since it does not take into account the prior rights of third parties, and does not assess the potential harm the duplicate TLDs will cause.

Furthermore, ICANN does not even have authority to select or approve new TLDs. The process by which the TLDs are selected is therefore beyond the authority of ICANN, as clearly stated below.

In recent litigation, Economic Solutions, Inc. v. Internet Corporation for Assigned Names and Numbers (U.S. District Court, Eastern District of Missouri (No. 4:00CV1785-DJS)) ICANN submitted the Declaration of its officer and general counsel,  Louis Touton, in opposition to the Motion for a Preliminary Injunction filed by Economic Solutions, Inc.  Mr. Touton explicitly states in this Declaration that only the DoC can make a decision regarding new TLDs, and that ICANN has no inherent power to do so.  The federal district court, in reliance on this Declaration, denied the motion holding:  “ICANN represents that it has no authority to implement TLDs, and that instead, it merely makes recommendations to the Commerce Department, which has the ultimate authority to make such a decision.” 

Also, this is affirmed by the Government Accounting Office (“GAO”), in which GAO interpreted the November 25, 1998 Memorandum of Understanding between ICANN and DoC as a  “joint project agreement” for the domain name system management, including “the policy for determining the circumstances under which new top level domains would be added to the system.” 

The process is similar to a child buying alcohol for his parents, without the parent’s guidance or authority, and then trying to get approval from the parents for the purchase. Selection guidelines have to be set-up by the DoC, and made aware to the public before the selection process even begins. Even the President of the U.S.A. is not beyond the law, why should ICANN have free rein, with no safeguards?


Conclusion  

North Pole, and E=MC² believes that the selection, and the approval of the “.name”, and the “.info” TLDs violates certain due process and safeguards, including our pending trademarks, our pending patents, our prior use rights, the public’s freedom of speech, and freedom of language, and conflicts with a number of statutory requirements.

In particular it the Memorandum of Understanding between ICANN and DoC,
states under paragraph D(2):

“Prohibitions” that “Neither Party, either in the DNS Project, or in any act related to the DNS Project, shall act unjustifiably or arbitrarily to injure particular persons or entities or particular categories of persons or entities.” 

Obviously, it would cause serious injury to North Pole of America Inc., and E=MC² Corporation with the adoption of the colliding TLDs, “.name”, and “info” by ICANN. The Internet public will be injured by the lost of their multi-lingual domain names, which we spent years developing. Existing registrants will have diminished usefulness, and enjoyment of their existing multi-lingual domain names. Tens of thousands of potential duplicate domain names will undermine, and destabilize the Internet; this will harm the Internet public.

The selection process is thwarting competition, by overriding certain due process, over riding constitutional rights, taking away freedoms, operating without proper authority or safeguards or statuary requirements, which protects the fundamental nature of a free society.


We want the colliding “.name”, and the “.info” TLD to be excluded from being added to ICANN/DoC’s 13 root servers, for the reasons mentioned in our letter; we also want control of the duplicate TLDs to be denied to The Global Name Registry, and to Afilias.

If further assistance is required, you can contact either:

Jonathan Franklin, Franklin & Franklin, at Tel no: (514) 935-3576

A response is appreciated.

Respectfully Submitted,

David Kam
The North Pole Group

cc The Honorable Michael Bilirakis, Florida
VIA FAX NO.: (202) 225-4085 

The Honorable Joe Barton, Texas
VIA FAX NO.: (202) 225-3052 


The Honorable Ed Markey, Massachusetts
VIA FAX NO.: (202) 226-0092

The Honorable John Dingell, Michigan
VIA FAX NO.: (202) 226-0371 


The Honorable Cliff Sterns, Florida
VIA FAX NO.: (202) 225-3573

The Honorable Paul E. Gilmor,  Ohio
VIA FAX NO.: (202) 225-1985
 

The Honorable James Greenwood, Pennsylvania
VIA FAX NO.: (202) 225-9511

The Honorable Christopher Cox, California
VIA FAX NO.: (202) 225-9177

The Honorable Natahn Deal, Georgia
VIA FAX NO.: (202) 225-8272

The Honorable Steve Largent, Oklahoma
VIA FAX NO.: (202) 225-9187

The Honorable Richard Burr,  North Carolina
VIA FAX NO.: (202) 225-2995

The Honorable Ed Whitfield, Kentucky
VIA FAX NO.: (202) 225-3547

The Honorable Greg Ganske, Iowa
VIA FAX NO.: (202) 225-3193

The Honorable Natalie Norwood, Georgia
VIA FAX NO.: (202) 225-4101

The Honorable Barbara Cubin
VIA FAX NO.: (202) 225-3057


The Honorable John Skimkus, Illinois
VIA FAX NO.: (202) 225-5880


The Honorable Heather Wilson, New Mexico
VIA FAX NO.: (202) 225-5797

The Honorable John Shadegg, Arizona
VIA FAX NO.: (202) 225-3462

The Honorable Charles “Chip” Pickering, Mississippi
VIA FAX NO.: (202) 225-5797

The Honorable Vito Fossella, New York
VIA FAX NO.: (202) 225-3371

The Honorable Roy Blunt, Missouri
VIA FAX NO.: (202) 226-1272

The Honorable Thomas Davis, Virginia
VIA FAX NO.: (202) 225-3071

The Honorable Ed Bryant, Tennessee
VIA FAX NO.: (202) 225-2989

The Honorable Robert Ehrlich, Maryland
VIA FAX NO.: (202) 225-3094

The Honorable Steve Buyer, Indiana
VIA FAX NO.: (202) 225-2267

The Honorable George Radanovich, California
VIA FAX NO.: (202) 225-3402

The Honorable Joe Pitts, Pennsylvania
VIA FAX NO.: (202) 225-2013

The Honorable Mary Bono, California
VIA FAX NO.: (202) 225-2961

The Honorable Greg Walden, Oregon
VIA FAX NO.: (202) 225-5774

The Honorable Lee Terry, Nebraska
VIA FAX NO.: (202) 226-5452


 


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