<original message>
From: Len Lindon <info(a)humanrights.com.au>
Date: Sat, 17 Mar 2001 21:35:41 +1100
To: <admin(a)tlda.org>
Cc: "domain-policy(a)open-rsc.org" <domain-policy(a)open-rsc.org>
Subject: .court in court
Federal Court of Australia considers .court
TITLE: Lindon v Internet Corporation for Assigned Names and Numbers
CITATION: [2001] FCA 265
URL: http://scaleplus.law.gov.au/html/feddec/0/20011/0/FD002270.htm
Justice Alan Goldberg on 9 March 2001 at Melbourne:
> 8 In general terms, the complaint which lies behind the proceeding is
> that the applicant seeks to enable there to be access over the Internet to
> what he calls two non-colliding name spaces, ".human rights" and ".court",
> which he has sought to set up and operate. He alleges in the statement of
> claim that ICANN and the other respondents, other than the Commission and the
> Commission's officer, will be holding a series of meetings, including in
> particular a meeting starting this day and ending on 13 March 2001 in
> Melbourne, and that they are engaging in conduct, or will engage in conduct,
> that constitutes a contravention of ss 45, 45B, 45D, 45DA, 45E and 46 of the
> Trade Practices Act 1974 (Cth) ("the Act"). It is further alleged that their
> conduct constitutes attempting to contravene such provisions, aiding,
> abetting, counselling or procuring a person to contravene such provisions,
> inducing or attempting to induce a person to contravene such provisions, being
> directly or indirectly knowingly concerned in, or party to those
> contraventions and conspiring with others to contravene such provisions.
>
> 9 It will be immediately appreciated that these are serious allegations.
> The particulars of the conduct which are then set out are that the proposed
> first to tenth respondents will do three things:
>
> * fail to allow the immediate recognition and resolution of all existing
> non-colliding name spaces as currently recognised and resolved by the many
> existing root service providers;
>
> * support the US government legacy root service as the sole and
> exclusive root service provider for the whole Internet;
>
> * actively promote the extinguishment of all other, that is non-ICANN,
> name spaces and all other non-US government legacy root service providers.
>
> 10 There is then an allegation that the Commission has failed to
> investigate the allegations which the applicant has made in respect of the
> proposed first to tenth respondents and has failed, accordingly, to prepare
> any enforcement measures.
>
> 11 The relief which is sought in the application is a mandatory
> injunction, interlocutory and final, ordering the proposed first to
> tenth respondents forthwith to recognise and resolve all existing
> non-colliding name spaces as currently recognised and resolved by the many
> existing root service providers, and an injunction restraining them from any
> conduct supporting the US government legacy root service as the sole and
> exclusive root service provider for the whole Internet and actively promoting
> the extinguishment of all other non-colliding name spaces and all other root
> service providers.
>
> 12 A mandatory injunction, interlocutory and final, is also sought
> against the Commission and one of its officers requiring them forthwith to
> conduct an expeditious investigation into competition in the markets for
> Internet root service providers and non-colliding name space service
> providers.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 176 of 2001
BETWEEN:
LEN LINDON
Applicant
AND:
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
First Respondent
LOUIS TOUTON
Second Respondent
VINT CERF
Third Respondent
ESTHER DYSON
Fourth Respondent
ICANN MELBOURNE MEETINGS HOST COMMITTEE
Fifth Respondent
au DOMAIN ADMINISTRATION LTD
Sixth Respondent
TONY STALEY
Seventh Respondent
GREG CREW
Eighth Respondent
CHRIS DISSPAIN
Ninth Respondent
PROFESSOR PETER GERRAND
Tenth Respondent
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Eleventh Respondent
MICHAEL COSGRAVE
Twelfth Respondent
JUDGE:
GOLDBERG J
DATE OF ORDER:
9 MARCH 2001
WHERE MADE:
MELBOURNE
> => the merits are not only technical, the Internet simply
> doesn't work with an incoherent root zone.
I agree with you. I'm only an observer of what's happening.
> I think one needs to reflect on the implications that
> a few of the world's largest ISPs appear to have made
>
> => the I for these ISPs no more stands for Internet.
History is full of examples of ISPs (e.g. AOL) who attempted
to "garden wall" customers. Offering "enhanced" DNS is likely
to be just one more business tool they use. It's just an
observation - one may think it's wrong but that doesn't
necessarily stop them from doing it.
> If this percentage continues to grow, ICANN's ability to
> control what goes into the DNS would seem to be constrained.
>
> => as a French-speaker I have still troubles with the word control
> (French meaning is subtlely different)... So what is control
> in your statement?
It means that with any significant user base under an alternative
root TLD, ICANN may be constrained from entering that TLD in the
root - e.g., see http://www.wired.com/news/business/0,1367,42373,00.html
"During recent ICANN meetings, Cerf said that the existence of new
"unauthorized" domains could lead ICANN -- in order to reduce potential
ambiguity -- not to approve any similar domain name itself."
> => what about a parallel phone numbering system? (:-)
Sovereigns control the allocation of the E.164 numbering plan.
Robert
--
Robert Shaw <robert.shaw(a)itu.int>
ITU Internet Strategy and Policy Advisor
International Telecommunication Union <http://www.itu.int>
Place des Nations, 1211 Geneva, Switzerland
> Despite the stated technical merits of a single root,
> I think one needs to reflect on the implications that
> a few of the world's largest ISPs appear to have made
> a business decision to use a superset of the ICANN/US
> Department of Commerce's root zone.
>
> Which big ones? I've never seen any official message about this.
See www.new.net/about_us_partners.tp. Earthlink and Netzero
have been listed as the US' second and third largest ISPs
(according to http://www.ispworld.com/isp/TRI_census.htm).
That's not even counting Excite@Home.
>
> It's claimed that the US had about 100 million Internet
> users in December 2000. According to New.net's numbers
> (which needs to be confirmed), about 16% of those can now
> use their alternative root.
>
> I've seen various claims by various alternative root operators. None
> have been confirmed by independent research as far as I know.
New.net claims that 16 million users can resolve their TLDs based
on their partnerships with ISPs (like I said, this needs to be
confirmed independently).
16 million of 100 million is 16%.
Robert
--
Robert Shaw <robert.shaw(a)itu.int>
ITU Internet Strategy and Policy Advisor
International Telecommunication Union <http://www.itu.int>
Place des Nations, 1211 Geneva, Switzerland
Despite the stated technical merits of a single root,
I think one needs to reflect on the implications that
a few of the world's largest ISPs appear to have made
a business decision to use a superset of the ICANN/US
Department of Commerce's root zone.
It's claimed that the US had about 100 million Internet
users in December 2000. According to New.net's numbers
(which needs to be confirmed), about 16% of those can now
use their alternative root.
If this percentage continues to grow, ICANN's ability to
control what goes into the DNS would seem to be constrained.
Robert
--
Robert Shaw <robert.shaw(a)itu.int>
ITU Internet Strategy and Policy Advisor
International Telecommunication Union <http://www.itu.int>
Place des Nations, 1211 Geneva, Switzerland
>X-Recipient: <exp-nanog(a)ripe.net>
>Delivered-To: nanog-outgoing(a)merit.edu
>X-Sender: hank(a)max.ibm.net.il
>X-Mailer: QUALCOMM Windows Eudora Version 4.3.2
>Date: Tue, 13 Mar 2001 10:03:14 +0200
>To: nanog(a)merit.edu
>From: Hank Nussbacher <hank(a)att.net.il>
>Subject: Statements against new.net?
>Sender: owner-nanog(a)merit.edu
>X-Loop: nanog
>
>
>Do any ISPs or web hosting companies have publically available statements on their web sites stating that they will not support the new new.net domains and why they won't? I am getting more requests from users to change our DNS root servers to support this and wanted to see what others tell their users. Any IETF/ICANN statement available?
>
>Thanks,
>Hank
>
>
Dear fellow WG members,
I have just submitted a new version of the "very long" document (the last in
our trilogy) to the Internet Drafts archive.
The name will be draft-koch-ripe-dns-setup-guide-01.txt. Please note that
the version currrently available with that name is only the expiration
notice for the "00" version submitted last February.
Until the document will have shown up at the ID-archive and its mirrors you'll
find a copy with this URL:
http://www.TechFak.Uni-Bielefeld.DE/~pk/dns/draft-koch-ripe-dns-setup-guide…
Changes are mostly editorial and filling some gaps (those marked TBD earlier).
I have now put in some words about IPv6, DNSSEC and IDN. The first three
sections should be complete now, some text is still missing for the
reverse mapping and 'popular mistakes' sections.
What I'd like to discuss next week (if there's a time slot available):
o Status of and further roadmap for the document
Especially in the light of DNSSEC and, even more, IDN, it seems a bit
difficult to prepare a single, fixed document to inform the target
audience. A living document, i.e. a ``web site'' would be better and
more up to date - if there's someone/somegroup periodically taking care.
I think the IETF's experience with the "weird" wg teach some lesson here.
On the other hand, just pointing everyone to the DNS resources directory
and the IETF to find ``everything'' is not a helpful advice IMHO.
o How to perform the "Grandma test"?
Should we decide to go on with this document it should be exposed to some
target audience people and *feedback* be collected and reported.
Volunteers?
Here are two further suggestions for the agenda:
o Review of RIPE 203
Has anyone successfully referred customers to this document?
Are their any changes suggested/needed?
o DNS traffic and ~ distribution
Does anyone have recent data on what percentage of backbone traffic is
DNS traffic and how this DNS share is split between e.g. RR types?
-Peter
We took it offline because IANA now has a more complete and
up-to-date data at http://www.iana.org/cctld/cctld-whois.htm.
We did the survey because so much stuff was out of date at
that time and in some cases, you couldn't even track down
who was running a ccTLD.
We gave all the survey data to IANA and it looks like they're
doing a good job at keeping it fresh.
Bob
--
Robert Shaw <robert.shaw(a)itu.int>
ITU Internet Strategy and Policy Advisor
International Telecommunication Union <http://www.itu.int>
Place des Nations, 1211 Geneva, Switzerland
> -----Original Message-----
> From: Robert F. Connelly [mailto:rconnell@psi-japan.com]
> Sent: Tuesday, November 07, 2000 7:18 AM
> To: Robert Shaw
> Cc: dns(a)iia.net.au; dns-wg(a)ripe.net; Barbara t.H. Farrell
> Subject: Re: PAB ISO 3166-based Top Level Domain Survey
>
>
> At 05:55 PM 6/19/98 +0200, Robert Shaw wrote:
> >At http://www.itu.int/net/cctlds/nics.htm is a preliminary survey
> >conducted by ITU of Internet ISO 3166-based top level domains.
>
> Dear Bob: Where has this file been moved? Regards, BobC
>
> .nt is not on this list but I know it exists.
If it does, it shouldn't. It's not part of the ISO 3166
standard. NT (Neutral Zone) is on the ISO 3166 transitional
reserved phase-out list which means don't use it.
Bob
Hi,
At http://www.itu.int/net/cctlds/nics.htm is a preliminary survey
conducted by ITU of Internet ISO 3166-based top level domains. The
material is in in draft form and is made available in order to solicit
public comment. Information includes all known URLs for registration.
While every attempt has been made to ensure accuracy, the information
cannot be considered authoritative as the Internet Assigned Numbers
Authority (IANA) is the authoritative source for ISO 3166-based
top level domain delegation information. All raw data gathered has
been and will continue to be provided to IANA.
Comments and/or corrections on these pages should be sent to
Ms. Asa Johansson at <asa.johansson(a)itu.int>.
Denominations and classifications employed in this publication do not
imply any opinion on the part of the ITU concerning the legal or
other status of any territory or any endorsement or acceptance of
any boundary.
Thanks,
Robert
--
Robert Shaw <robert.shaw(a)itu.int>
Advisor, Global Information Infrastructure
International Telecommunication Union <http://www.itu.int>
Place des Nations, 1211 Geneva, Switzerland
