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Username: friedrich
Date/Time: Sat, October 21, 2000 at 12:31 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 4.0
Score: 5
Subject: My e-mail to Senator Boxer - for public review.

Message:
 

 
       To: Senator Barbara Boxer

Dear Senator Boxer!

I want to draw your attention to an important issue, which needs your
attention:

The internet is in danger to stop its democratic development towards
the mere financial interest of a small group of investors. I
personally like investors and investments as far as existing laws are
respected and not changed for the benefit of the respective
investor/investment and the harm of the general public.

1.The current adoption of the trademark law in the Internet is a
violation of the existing trademark law:

a. Adresses as such can never violate trademark law, because
addresses describe locations,

and locations do not loose their names, because of the claim of a
trademark owner.

While there are legal grounds to punish violations of trademarks,
e.g. if someone displays misleading informatios in his address / on
his website, there are no legal grounds why to hand over his
address / domain name to the trademark holder.
He may have to pay a fine and may only continue the use of his
address for the display of material which does not violate trademark
law, but there are no legal grounds as to take him away his address.

Ohterwise people who violate trademark law through selling unlicensed
items from their home address, would loose their house to the
trademark owner, too - which is absurd, of course.

May I ask you to intervene here. Thank you!

b. Personal names have a prior right to trademarks and there is no
reason why unknown "John Miller" should loose his domain name to
famous "John Miller". Otherwise famous John Miller would also have
the right of getting unknown John Miller's home and address, which
again is absurd.
c. The proposed round-robin system for the registration of new gtlds
generic top level domains, like e.g. .web) is highly unfair. Premium-
services which are offered within the round-robin system create a two
level society, as well as excessively high revenues for the
registrars.

d. Combined with the "sunrise" period the round-robin method becomes
the perfect tool to prevent the general public from registering any
so-called "catchy" domain names.  This is clearly not what the
internet was created for. The sun rises for everybody not only for a
small self-nominated elite.

e. The tripple claim for the new gtld .web. ICANN is currently
evaluating three applications for the same new gtld ending: .web. One
applicant , Image Online Design (IOD) has started their .web
registration service four years ago after the approval of IANA. ICANN
emerged from IANA later on.

The other two applicants have made up their mind only very recently:
A few weeks ago. One is called "Afilias" and therefore by the way
obviously violates the existing company name "Afilias.com". Afilias
is a "joint venture" of 19 of the marekt leaders of the internet. I
wonder, if they do not form a cartel, even if I am sure their lawyers
have done their best hiding it. They have not been controlled by the
cartel authorities yet. A Mr. Kenyon Stubbs seem to be involved in
both sides: The applicant Afilias as well as the deciding authority
(see detailed information at the bottom of this e-mail).

The third applicant is Neustar, who is affiliated with CORE and CORE
with Afilias. Therefore I do not think they can really form a
seperate party.

In short: If IOD is not approved as the .web registry, then Afilias -
a cartel currently reigning over .com, .net and .org - will gain even
more influence over the internet. May you prevent this from
happening, please. You will be writing Internet-history by doing so!

Hopefully you can share my opinions, even though I direct my word to
you from so far abroad.


Respectfully yours,

Friedrich Kisters
CEO
Human Bios GmbH
Seeblickstrasse 34-36
CH-8280 Kreuzlingen


Further and more detailed information, including citations from
http://www.icann.com/mbx/tldapps/:

I. Why .WEB ?
  1. All inclusive (unlike .Mall, .Biz, .news, et)
  2. Non controversial (Unlike .Sex, .XXX, .Aids, et)
  3. Most recognized and well known prefix (unlike .nom, .wap, .ypi,
     .svc, et)
  4. Poses as a serious contender to the already depleted .com, .net,
     .org suffixes
  5. .WEB registry has been in continuous operation since
      July 31, 1996
  6. .WEB already holds a strong following and tremendous support all
      over the world, from Internet and non-Internet users
  7. Image Online Design's .WEB application meets all of ICANN's
      criteria
  8. Over 20,000 registrants have approved of .WEB as their
     TLD selection
   
II. Why Image Online Design?

  1. Currently the longest standing prospective registry
  2. Active in its domain debate since its inception 4 years ago
  3. Continuous work to ensure that policies and procedures are  
     created fairly
  4. Offers ongoing, effective, DNS Services
  5. Has made significant upgrades to its technical infrastructure
  6. Already uses a progressive and efficient Domain name system &
     Root server system
  7. Has a proven track record of managing a technically adaptable
     highly stable domain name registry
  8. Has adopted ICANN's Uniform Domain Name Dispute Resolution Policy
  9. Adheres to the Rules of using this policy
  10. Maintains and sustains a completely secure website for private
        transactions and individual collections
  11. Incredible support of  .WEB customers, and users of the
      Internet all over the world 
  12. Supports and adheres to ICANN's overriding goal of opening up
       the domain name system and encouraging competition for domain
       name usage (opposed to Network Solutions, Inc. who controls
       98% of all domain name registrations in the US, two-thirds of
       all domain registrations in the world, and seeks to monopolize
      the domain name market).
  13. Does not undermine ICANN's goal to select a diversity of
      proposals to become TLD's (unlike NSI's Afilias that poses a
      transparent attempt to circumvent this process).
  14. Has become one of the most sophisticated pioneer registries in
       the country
  15. Image Online Design brings stability to the internet, meets the
       diversity of proposal test, and is committed to protecting
       intellectual property rights.
  16. Does not propose a conflict of interest, nor is it
      monopolistic, like Ken Stubbs, NSI, or Afilias.
  17. WAS ALREADY GIVEN PERMISSION TO BECOME
         THE .WEB REGISTRY BY IANA YEARS AGO!

III. Who is Mr. Kenyon Stubbs?

a. Citing his own words:
I am member of the names council representing the registrar constituency

I am the current chairman of CORE and Core is involved in an application for a restricted TLD (.I.e. ".nom) as the proposing organization and in other applications as the back-end provider

I am also involved as a member of the board of managers of Afilias, llc www.afilias.com   ( in which CORE is a participant) in its proposal for an unrestricted TLD as well.

I am also an officer of iDomains, inc, which has proposed a restricted TLD
(I.e. ".BIZ)

I am also an officer in Domainbank, Inc which is both a member of CORE (as you are aware, CORE is an association of companies)  as well as a separate participant in the afilias, llc organization which I represent on the Afilias, LLC  board of managers.

b. Plus reading the applications for new gtlds:

It seems that JVTeam are actually applying for .web and, if they don't get it, then Neustar are applying for .site .spot .dot .surf and .info as a second choice.

JVTeam are also applying for .biz and .per.

Why the cover up? It seems a bit strange.

The plot also thickens with the association of Melbourne IT (.au) and the associateion with CORE.

Now CORE and Ken Stubbs are associated with .nom, .biz (twice), .per, .info (twice), .web (twice), .site (twice), .au, .dot, .spot, .surf, .ebiz, .ecom and ofcoure .com, .net and .org. 15 TLDs plus four duplications.

With Ken Stubbs in senior positions of CORE, Afilias, iDomain and DNSO / ICANN how can this process continue?

So long as we don't find out that he is also on the board of IOD then I think they are the safest bet for .web at least.

If the idea was not to control the internet via one big company or have one man influencing all the key players then someone with equal influence must prevent it from happening.

IV. Watching CORE/Afilias/Stubbs business activities closely:

If ICANN awards .web to Neustar it will be a poke in the eye for all of the applicants that actually paid the $50,000.
The instructions said that a company may make as many different applications as it wants so long as each is accompanyed by $50,000.

JVTeam applied for .biz.

Neustar (Melbourn IT and JVTeam) applied for .dot .spot .site .surf .info and .web.

However, the application details that in actual fact JVTeam is applying for .web whereas Neustar is applying for the others as a seconday adgenda.

The Neustar application is quite clear that the .web application is by JVTeam.

The terms of that application differ from the .biz application and so a fee of $50,000 was payable.

Not a good start.

This kind of back door business is not really what we are trying to encourage is it?

See: http://www.icann.org/tlds/dot1/TLDPolicyPropWeb.htm
Look under General TLD Policies for .web and scroll down to section I2

It starts off:

"JVTeam proposes to offer registry services for the .web TLD as an unsponsored, unrestricted (i.e., generic open) TLD."

It even says:

"If necessary, JVTeam will indemnify ICANN for legal expenses incurred by ICANN resulting from any legal challenges brought regarding
a grant of the .web registry to JVTeam."

JVTeam is Newstar and Melbourne IT

See: http://www.icann.org/tlds/dot1/II_BusCapPlanWebPart1.htm

(look under section II.1)

The .web application by Neustar is, in its entirety, an application by JVTeam.

So what?

The point is why did they file this application under a different name when JVTeam already applied for .biz?

Presumably JVTeam thought they might get awarded both this way.

The .spot .dot etc. Neustar applications are only ever to be considered if:

"ICANN determines that it will not grant a .web registry due to potential legal challenge",

"in order of preference:
.site
.dot
.surf
.spot
.info"

JVTeam applied for .web and .biz. The .web bit is just disguised within the Neustar application for .info and .site and so forth.

Please save the internet from such oligarch activities, as described here in detail. Thank you!
     
     
     
     
     
     

 


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