Domain names are, among other things, a mode of expression,
that is, a form of speech. For this reason, we should avoid arbitrary constraints
on domain names.
People want various top level domains other than the traditional
org, mil, com, net, edu, etc., and they are willing to pay for them. The desire for
nontradional names is not destructive or malicious or dangerous to any living creatures.
ICANN should then play the role of guiding a graceful transition from the existing
state to the new state.
Is it argued that people do not "need" additional names?
That is true. We do not "need" an Internet, either. The people should have the additional
names because they want them. They should not have to demonstrate necessity. The
right to the pursuit of happiness is essentially the right to act without demonstrating
It is argued that some persons will be confused by the addition of new
top level domains. This is probably true, and these people are probably already confused
and will remain so for the rest of their lives with or without additional top level
domains. Their confusion will not increase with additional TLDs. My own fear of confusion
is not sufficiently intense for me to hope that ICANN will protect me from confusion.
I have confidence in my ability to cope and even to physically survive in a world
with large numbers of TLDs.
It is argued that trademark infringement will occur
if TLDs increase. Without doubt, this is true. Trademark infringement already exists,
and it will persist whether there are additional TLDs or not. Furthermore, since
people in the Western Democracies are free to use any words they wish in common speech
and writing, the opportunities for trademark infringement are abundant, limited only
by the energy of the infringer. Additional TLDs will not change this condition. I
suppose some classes of lawyers get sexually excited and/or pee in their pants with
the prospect of trademark infringements. However, I suspect most people do not consider
the possibility of trademark infringement a threat to civilization.
On the Internet, we have ample experience
with the uncontrolled use of names, with the Usenet newsgroups being a prominent
example. Despite the ever-proliferating surfeit of newsgroup names, our species has
yet to perish from the peril of unrestricted use of words.