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>Date: Thu, 15 Apr 1999 09:09:17 -0400 (EDT)
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>Subject: BOUNCE [EMAIL PROTECTED]:    Non-member submission from ["J. William Semich (NIC 
>JWS7)" <[EMAIL PROTECTED]>]   
>
>>From mail.nu!bsemich Thu Apr 15 09:09:16 1999
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>From: "J. William Semich (NIC JWS7)" <[EMAIL PROTECTED]>
>Reply-To: <[EMAIL PROTECTED]>
>To: [EMAIL PROTECTED],
>    [EMAIL PROTECTED]
>CC: [EMAIL PROTECTED],
>    [EMAIL PROTECTED],
>    [EMAIL PROTECTED]
>Subject: Oppose NSI's redefinition of TLD constituencies
>X-Mailer: <IMail v4.06>
>
>I agree with Patrick's concerns, with additional observations.
>
>The only "constituency" that would gain from throwing out RFC1591 and
>redefining TLDs as being "closed" vs. "open" is Network Solutions Inc.
>(NSI). This same wrong-headed change in the current ccTLD structure was
>proposed in the WIPO RFC last month, and it must be strongly opposed,
>IMHO.
>
>Most of what would currently be defined as "open" ccTLDs (.ch, .uk, .nz,
>.dk, .nu) will probably be forced, for reasons of cost and other
>trademark protection considerations, to become closed. Yet NSI will
>still be able to come into these "closed" ccTLD's national markets and
>sell .com registrations (whether directly, as NSI, or through its new
>registrars), and dominate the local market with the strong .com brand. 
>
>Yet the closed ccTLDs will *not* be able to compete with .com outside
>the "closed" areas on an international basis. That leaves the
>international market free for .com to develop (until new gTLDs are
>added, which could be a while), as well as opening every local ccTLD
>market to NSI to compete with all their International resources and
>millions of marketing dollars on a one-on-one basis. 
>
>It's kind of like telling a local soft drink company in, say, Thailand,
>not to sell its beverage in Cambodia or Indonesia, while Coke is allowed
>to market in Thailand, Indonesia, Cambodia and anywhere else. In small
>ccTLD areas, in fact, the local ccTLD may never even have a chance to
>get developed... but that's another discussion.
>
>Even more problematic is the contradictory effect of the "open" vs.
>"closed" redefinition of the current ccTLD structure (RFC1591) on the
>concept of "sovereignty."
>
>In effect, a closed vs. open policy says, "You can have 'sovereignty'
>over your ccTLD if you agree to obey ICANN's rules. These rules say you
>do not have the sovereign right to use your ccTLD outside your own
>national or territorial boundaries." That's not the way I define
>"sovereignty," regardless of whether you interpret it to mean national
>government sovereignty (as some governments believe) or to mean local
>internet community sovereignty (as IATLD believes). 
>
>Again, this is a complete reversal of the basis on which the Internet
>has grown, as a borderless, global and private networking system. In
>addition, it is a complete reversal of the International Trade movement,
>exemplified by the EU, toward open borders and free trade. It would
>mean, for example, that a company in Europe which wished to register its
>company or brand names using the locally-recognized ccTLDs in
>Switzerland, the UK, Denmark and Sweden would not be able to anymore
>unless it had a corporate presence on the ground in each of those
>countries (assuming those ccTLDs decided to become closed due to the
>regulatory and cost pressures created by the "open" designation, which I
>believe will be the case). This is only one of many results "hidden" in
>this NSI-proposed redefinition of the current ccTLD system.
>
>I've got many other concerns about this approach (not least of which is
>my believe that ICANN has no authority, with its "interim" board and no
>DNSO or names council, to redefine the structure of the ccTLD space as
>it exists right now) and will post a more lengthy comment soon.
>
>Bottom line, though, I'd say this is not an issue for consideration by
>ICANN or any other entity at this time in the process of developing DNSO
>and we should continue to move to build a strong and effective ccTLD
>constituency of the DNSO,
>
>Regards,
>
>Bill Semich (NIC JWS7)
>[EMAIL PROTECTED]
>.NU Domain
>"The un.com-mon Domain"
>(competing with NSI's .com)
>
>In reply to 15 Apr message from "Patrick O'Brien"
><[EMAIL PROTECTED]>:
>
>>Fay,
>
>>I certainly have an issue with the definition, or lack of, these
>>and other terms commonly used by ICANN.
>
>>New Zealand's economic envirnoment is based around little
>>intervention or regulation.  We call it a "light handed" approach
>>-- low entry barriers are meant to be pro-competitive (I thought
>>that was one of the tenets of the original Green/White Paper
>>process).
>
>>Why should we raise artificial barriers in order to make .nz
>>"Closed"?  What are the benefits to name holders?  Why should they
>>be forced to support the additional cost/service delivery
>>penalties that may possibly accrue? 
>
>>There is a danger that customer's of ccTLD's will end up with only
>>one of two choices for their country domains:
>
>>1.    Closed -- regulated by the Government
>>2.    Open -- regulated by ICANN
>
>>What happenned to choice?
>
>>My regards,
>
>>Patrick
>
>
>>-----Original Message-----
>>From: Fay Howard [SMTP:[EMAIL PROTECTED]]
>>Sent: Thursday, April 15, 1999 8:52 PM
>>To:   [EMAIL PROTECTED]
>>Subject:      Suggested redefinition of TLD constituencies 
>
>>All,
>
>>For those who may not have seen it on the Web site, ICANN have
>>posed a question about the proposed constituency split between
>>gTLDs and ccTLDs which I paste below.
>
>>ICANN are keen to receive comment on this suggestion that registry
>>constituencies be redefined as "open" and "closed". 
>
>>Apologies to CENTR members who have already been made aware of
>>this. 
>
>
>>Fay Howard
>>CENTR Manager
>
>>**************** from http://www.icann.org/dnso/dnsoupdate.html
>>************ 
>
>>In order to more fully explore an issue raised by one comment
>>submitted in reaction to the draft ICANN Bylaw changes the ICANN
>>Board seeks further comment on the following question:
>
>>Should the initial DNSO Constituencies currently identified as
>>"ccTLD registries" and "gTLD registries" be re-categorized as
>>"open registries" and "closed registries," identified according to
>>whether the registry is open to any registrant, worldwide
>>("open"), or is instead limited to certain registrants based on
>>geography, intended use, or other criteria ("closed")? 
>
>>Please submit comments to [EMAIL PROTECTED]
>>              ************************************* 
>
--
[EMAIL PROTECTED]    [EMAIL PROTECTED]
"Those who give up a little freedom for a little security
will not have, nor do they deserve, either one"
               --Thomas Jefferson

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