This is not the first time ICANN works behind the back room with the U.S. Department
of Commerce to double cross the public.ICANN first creates colliding domain names
to hurt 3rd parties, such as http://www.domainisland.com (see letter to Congress),
then re-creates the NSI monopoly to defy the public.
ICANN is not to be trusted
as it is shown once again. Without a full Congrssional review, ICANN thinks they
own the Internet.
---------------------------------
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