All,

  FYI.  A very interesting and fact filled post from Jim Flemming...

Regards,

--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208



Mr. Tom Bliley
U.S. House of Representatives
The Committee on Commerce
2125 Rayburn House Office Building
Washington, DC 20515
(202) 225-2927
[EMAIL PROTECTED]


Dear Mr. Bliley:

I see that you are beginning to hold hearings[1] to look into the activities
of the private
California non-profit company known as ICANN. I applaud your efforts. I
would like to
encourage you to look at the ENTIRE landscape when it comes to Internet
resource
allocations. Domain names are only one part of the DNS puzzle. They are like
billboards on the Information Highway. IP Addresses are another key part and
IP
address allocations are generally controlled by the same people that control
domain
names. Therefore, they should be part of your oversight effort [2].

IP Addresses are like land along the Information Highway. Companies that own
the
rights to build on that land prosper and those that do not incur extra costs
to operate
and are often locked out of bids and other business opportunities because
they do
not have the resources to compete on a level playing field. This is a very
simple case
of the "haves" and the "have nots".

If your committee does a complete job and looks at IP Address Allocations,
it will
likely end up in a discussion about the allocations that Jon Postel made to
another
largely California based company called @Home[3]. I suggest that you start
there
when you have your hearing(s) with ICANN and ARIN.

The discussions about @Home IP Address allocations have been going on for
years.
People can not seem to ever get clear answers. When the allocation was made
by Jon Postel, Paul Mockapetris had left USC/ISI and was working for @Home.
Paul Mockapetris was one of the people that helped to design and create the
DNS.
Paul did not stay at @Home very long, he moved on to start another company.

Some people claimed at the time that @Home obtained the addresses because
they had
$10 million dollars in venture capital and some slick power point slides.
Others claimed
that this was an experiment to create a commercial IP address registry for
the cable TV
industry. Milo Medin, CTO for @Home was seen on a popular cable TV show
about
computers, long after the company was founded, describing how the Internet
was born out
of X.25 and DOD networking and how important it was that he had been one of
those
people.  Others have noted that it did not hurt to have William Randolph
Hearst III as the
initial CEO.

Still others have pointed out that Colonel Michael St. Johns was apparently
one of the
U.S. Government DARPA managers that had provided funding for Jon Postel.
@Home
people involved with ARIN have become very defensive when Michael St. Johns
is
mentioned, noting that he did not come to @Home until AFTER they were handed
IP addresses by Postel. This seems likely because he would have then known
that
@Home was well supplied with IP addresses to build a successful company,
while
other companies were being denied allocations by Postel and ARIN. Why would
he
go to work for a company that did not have IP allocations? Also, it seems
likely that
@Home would want to reward former U.S. Government employees for the huge
allocation of resources obtained from the U.S. Government, at no charge to
them.
Those resources were leveraged into substantial financial benefits. Some
compare
it to being given the deed to Yellowstone Park by the USG Park Ranger, Jon
Postel.

One of the interesting aspects of the @Home allocation is that it shows that
a
for-profit company can be given internet resources and operate as a registry
and
become a commercial success that shareholders can invest in. This
established a
trend of for-profit operations that could have been continued and expanded.
Instead,
the U.S. Government's Department of Commerce changed direction in 1997 when
they actively assisted in the creation of ARIN, a private non-profit
Virginia company
engaged in one of the same activities that @Home handles, (i.e. registering
IP
Addresses).

What has been confusing to many business people following the @Home, ARIN
and ICANN evolution is that there seems to be a trend being set by the U.S.
Government
Department of Commerce to create non-profit companies where for-profit
companies could easily be encouraged, if allowed acccess to the resources
as @Home and other companies have been. This trend toward the creation of
non-profit companies appears to be inconsistent with the U.S. Government's
Internal Revenue Service guidelines which prohibit non-profit companies from
engaging in activities normally carried on for-profit. The following
inserted
reference could not be more clear on this.

@@@ http://www.irs.ustreas.gov/prod/bus_info/eo/bl-req.html

Exemption Requirements - § 501(c)(6)
...
"A business league, in general, is an association of persons having
some common business interest, the purpose of which is to promote
such common interest and not to engage in a regular business of a
kind ordinarily carried on for profit."
...
"No part of its net earnings may inure to the benefit of any private
shareholder or individual and it may not be organized for profit or
organized to engage in an activity ordinarily carried on for profit
(even if the business is operated on a cooperative basis or produces
only sufficient income to be self-sustaining)."

@@@@@@@@@@@@@@@@@@@@@@@@@@@

I look forward to following your committee's work. In my opinion,
the need for both ARIN and ICANN need to be evaluated in a light
that also brings for-profit companies (like @Home) into the picture.
As a capitalist, I prefer to see companies like @Home prosper and
go from nothing in 1995 to $11.5 billion dollars in market capitalization
with the help of the proper Internet resources which should not be
made scarce by some non-profit "societies" who seek to hold the
economy back and to discriminate between who gets those resources
and who does not.

In conclusion, I hope that your committee finds that non-profit companies
are totally inappropriate and not in keeping with IRS regulations. I hope
that you help to put America back on a track built upon capitalism and
not the socialism and communism that pours from these non-profits
who claim to doing everyone a favor as they collect taxes and attempt
to control which companies succeed and which do not.


Jim Fleming
U.S. Citizen
Naperville, Illinois


[1] @@@@@@@@@@ http://www.house.gov/commerce/schedule.htm

Thursday, July 22, 1999
11:00 a.m. in 2322 Rayburn House Office Building
Subcommittee on Oversight and Investigations hearing on
Domain Name System Privatization: Is ICANN Out of Control?

@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

[2] @@@@@@@@@@ http://www.house.gov/commerce

Electronic Commerce: Domain Name System

"The National Telecommunications and Information Administration is currently
in
the process of turning over management of the Domain Name System (the
system by which numeric Internet addresses are translated into easy to
remember
names such as to a newly created non-profit corporation, the Internet
Corporation
for Assigned Names and Numbers (ICANN). In 1998, the Committee undertook
oversight of the establishment of ICANN and the transition from government
management to private sector management. The Committee will continue to
monitor the transition of the Domain Name System to ensure the stability of
the Internet."

@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

[3] @@@@ http://www.home.net

At Home Corporation was incorporated in Delaware on March 25, 1995.

Initial Board of Directors:
John Doerr, Bruce Ravenel, Larry Romrell, Chris Coles,
James Barksdale (Netscape) and William Randolph Hearst III.

Initial Public Offering (IPO):
10,350,000 shares on July 11, 1997
Underwriters: Morgan Stanley Dean Witter, Merrill Lynch & Co., Alex Brown
&Sons, Inc., and Hambrecht & Quist)
Offering Price: $5.25

Recent Stock Price: 45 5/8
Market Capitalization: $11.5 B

@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@





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