Re: [IFWP] Re: Ken Stubbs @ core deletes vote-auction.com

2000-11-05 Thread Jim Dixon

On Sat, 4 Nov 2000, jim bell wrote:

  Nevertheless, what has happened here demonstrates a basic flaw at the
  heart of the domain name system.  ICANN and many essential Internet
  resources remain subject to US jurisdiction.  ICANN itself is just a
  California corporation, so it is subject to the passing whims of the
  California legislature as well as those of Congress, the executive
  branches, and various and sundry US state and federal courts.
 
 But that's not the whole problem, here.  ICANN may be, arguably, subject to

I didn't say that this was the whole problem.  I said that it 
demonstrated a (one) basic flaw.  On the other hand, I didn't say
that the problem simply involved US law.  In this case the problem
seemed to be pressure from the executive branch.

 "those laws," but it isn't clear that those laws (per se) were responsible
 for the disconnection.  Is there a law, somewhere, that said "anybody who we
 determine appears to be violating the law in America, we 'unaddress' them
 before they get a trial."   That certainly isn't normal procedure:  There
 are probably over a thousand Internet Casinos who are (the thugs would
 argue) in violation of some American law, yet they are still accessible to
 us.

There is a very large world outside of the United States.  There is 
no reason why issues involving .UK, for example, should be subject 
to the jurisdiction of California courts.  Britain is not a colony
of the United States, nor is it a California county.

Nor is there any justification for US government control over the
allocation of IP address space within Europe.  But when you look 
closely at ICANN, this is what you are getting.

ICANN was supposed to replace IANA.  IANA had a narrow technical role
that depended upon voluntary cooperation.  Having IANA arbitrate 
decisions about .UK actually worked, because IANA did not claim any
ultimate legal authority.  It was just obvious to everyone that if
they didn't cooperate the Internet would not work.

It may seem odd, but because IANA was gossamer thin, it had real 
power and legitimacy.  ICANN doesn't and shouldn't.

 ICANN needs to be taught a very painful lesson:  "Even if you feel that you
 must obey a specific law, you must not do it without initiating a legal
 process and continuing it through any valid appeal.  Given that the election
 was only a few days away, it is obvious that no such process would be
 completed before the point becomes moot.  You screwed up."

ICANN is a California corporation subject to state and US laws.  It
has an obligation to obey those laws.  There is or should be no 
question about this.  ICANN is after all a legal fiction, a body 
whose very existence rests upon the authority of the state of 
California.

The question is whether the domain name system, the IP address space, 
and other fundamental Internet infrastructure should be subject
to US and California law.  These are global, not local, resources.

--
Jim Dixon  VBCnet GB Ltd   http://www.vbc.net
tel +44 117 929 1316 fax +44 117 927 2015





[IFWP] As Worlds Collide

2000-11-05 Thread Jay Fenello


As Worlds Collide
By Jay Fenello 
   An Aligning With Purpose(sm) Column

As I sit here and watch the days go by, I am constantly 
amazed at the many ways that the Internet is changing our 
world.  Today, most of these changes are subtle, and not 
so easy to recognize.  Tomorrow, these small changes may 
quickly lead us into a brave new world.  Just what this 
world might look like, remains to be seen.  

For example...

Today, I can legally record a song off of the radio, and 
give it to a friend.  I can legally record a TV show when 
I'm out, and watch it when I return.  Tomorrow, I may not 
-- Napster is challenging our concepts of copyright 
protection and "fair use" in a digital world.  

Today, I can legally write almost anything I want, and 
distribute it to thousands of people for $19.95 a month.  
I can legally use almost any word in a sentence, without 
worrying about my entire article being censured.  Tomorrow, 
I may not -- the trademark lobby is challenging our concepts 
of trademark use on the World Wide Web.

Today, I can vote for someone to represent me in the world's 
first Internet governance body.  Tomorrow, I may not -- 
ICANN is challenging our concept of self governance in 
cyberspace.

What we have here is a collision between two worlds -- 
the "real" world and the "cyber" one.  And even though 
these worlds are similar, what seemed to work in the 
real world, doesn't seem to apply in the cyber one.  

Is it because the Internet allows us to see things we
never saw before?  Is it because the Internet includes
people who never participated in these decisions before?

Whatever the reason, trying to solve our cyber-world 
problems with traditional real-world solutions, often
results in more questions about both!

As an example, and in case you haven't heard, for the 
first time in recorded history, people from around the 
world have voted for someone to represent them in a 
world governance body -- namely, ICANN.  

Now granted, ICANN is a very bad form of governance.  It 
makes its decisions in smoke filled rooms, it pursues an 
agenda that favors insiders, it makes up the rules as it 
goes, and it changes the rules it doesn't like -- usually 
after it has already violated them.  

Even so, the vote was relatively fair (as certified by the 
Carter Center), and it was relatively surprising -- out of 
the five designated regions, two of the representatives
elected have been labeled "radical" by the press.  By 
radical, I presume they mean someone who wants to 
drastically change the current situation.  

But what's so radical about protecting people's rights, 
anyway?  About following rules, and living up to people's 
best expectations?  

Why are *these* radical concepts?  

If they are radical concepts, what does that say about 
our "traditional" values?  And if they aren't, what 
does that say about our press?

Once again, when we try and solve our cyber-world 
problems with traditional real-world solutions, we 
often end-up with more questions about both!

Why did we elect radicals to the ICANN board?

Maybe it was because we had a choice -- not just a 
few token candidates dressed up in different parties 
(i.e. the Gush and Bore syndrome).  Or maybe it's just 
a backlash against the corporate excesses that have 
driven the ICANN takeover to date.

Or maybe, it's because we are about to go pop!  We 
are about to understand things about our world, that 
we have never understood before.  

And maybe, just maybe, we are about to create a 
better one along the way.

Until next time . . .

+++

Jay Fenello,
New Media Strategies

http://www.fenello.com  678-585-9765
Aligning with Purpose(sm) ... for a Better World

"Wake up, Neo...  The Matrix has you..."  -- Trinity

Copyright (c) 2000 Jay Fenello -- All rights reserved

Permission is hereby granted to 1) redistribute this 
column in its entirety via email, discussion lists, 
and newsgroups, and 2) publish this column in its 
entirety on non-profit web sites.

To join in the discussion on the topics in this column, 
subscribe to the Aligning with Purpose(sm) discussion list 
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[IFWP] Roots servers on rise - ICANN's golden egg cracking

2000-11-05 Thread !Dr. Joe Baptista


Last year alternate roots supported 0.3% of internet traffic.

This year alternate roots are supporting 5.5% of internet traffic.

The BIND study this year to date has ennumerated 60,513 dns (15% of
399,937 dns) of which 3,331 report they are using non-USG roots.

In my opinion - this is significant.  And it puts a whole new twist on the
song - what a difference a day makes.

-- 
Joe Baptista

http://www.dot.god/
dot.GOD Hostmaster
+1 (805) 753-8697





[IFWP] Re: Roots servers on rise - ICANN's golden egg cracking

2000-11-05 Thread !Dr. Joe Baptista

On Sun, 5 Nov 2000, William X. Walsh wrote:

 Hello Ron,
 
 Sunday, November 05, 2000, 5:28:03 PM, you wrote:
 
  At 06:34 PM 11/5/00 -0500, !Dr. Joe Baptista wrote:
 Last year alternate roots supported 0.3% of internet traffic.
 
 This year alternate roots are supporting 5.5% of internet traffic.
 
  I wonder how long this will be permitted to continue before
  ICANN, DoC, WIPO, etc *require* everyone to use USG roots...?
 
 His statistic is bogus.  He has absolutely no real basis for saying how
 much of the internet traffic is using the alternative roots in this
 way.

Anyone interested in verifying my results is welcomed to do so.  The claim
is as follows, of the 60,513 dns surveyed 3,331 reported using non-USG
roots.  A sample of this size has a standard error of +/- 1.6509% with a
95% confidence.  So I'm very confident were seeing a trend away from
ICANN.

William if your willing to provide me with an undertaking that you will
verify my data then i'll send you the ip's already tested and you'll see
the results are correct.  If not - shut your uneducated pie hole.

The bottom line here is that my predictions that ICANN would lose market
share are right on.  Last year it was at 99.7% and this year it's at
94.5%.

Regards
Joe

-- 
Joe Baptista

http://www.dot.god/
dot.GOD Hostmaster





[IFWP] Re: Re[2]: Roots servers on rise - ICANN's golden egg cracking

2000-11-05 Thread Joe Baptista

On Sun, 5 Nov 2000, William X. Walsh wrote:

 That is not what you said in the original post, this is:
 
  Last year alternate roots supported 0.3% of internet traffic.
  
  This year alternate roots are supporting 5.5% of internet traffic.
 
 You have no basis for saying how much traffic the servers that may not
 be using the USG roots are supporting out of the whole internet
 traffic in the method you used to survey them.  The percentage of
 nameservers does not automatically equate to the percentage of
 internet traffic.

I understand.  In fact the estimate is correct.  Unfortuantely I don't
have the time to teach you statistical analysis.  But we can be confident
that 5% of internet traffic is non USG.  My results are representative and
can be extrapolated accordingly with some confidence.

I know this is a shock to you william.  But thats' life and it don't
surprise me.

  The bottom line here is that my predictions that ICANN would lose market
  share are right on.  Last year it was at 99.7% and this year it's at
  94.5%.
 
 Again, your statement doesn't jive with the actual results of your
 "survey".
 
 In other words, Joe, you are trying to make this number appear to be
 more substantive than it is.   But I understand why perfectly  :)
 
 But let's make sure we stick to the actual facts in evidence, ok?

The facts are very simple.  Of 60,513 dns surveyed, 3,331 reported as non
USG.  This is a big change from last year.  Those are the facts and I can
support them.  In fact what I have is more then "facts" - it is evidence
and proof.  Like I said - anyone willing to undertake to test and confirm
my results is welcomed.  Because evidence like this William can be tested
and verified.  All your doing is jive turkey talk.  If you want to
challenge my stats William - accept the undertaking and test them for
yourself.

We call that process William - the scientific method.

regards
joe

-- 
Joe Baptista

http://www.dot.god/
dot.GOD Hostmaster
+1 (805) 753-8697





[IFWP] Re: Re[4]: Roots servers on rise - ICANN's golden egg cracking

2000-11-05 Thread !Dr. Joe Baptista

On Sun, 5 Nov 2000, William X. Walsh wrote:

  I understand.  In fact the estimate is correct.  Unfortuantely I don't
  have the time to teach you statistical analysis.  But we can be confident
  that 5% of internet traffic is non USG.  My results are representative and
  can be extrapolated accordingly with some confidence.
 
 You have absolutely no basis for making that assumption.  The number
 of nameservers queried is in no way directly representative of the
 number of nameservers actually used for end user name resolution, nor
 of the number of queries made on a per server basis.

No it in fact does.  There are some 300,000 dns in the dot.com file, to
date 60,513 have been surveyed (15%).  It's easy and completely acceptable
to extrapolate from there.  And furthermore the existing population
enumerated is more then enough to extrapolate from.

 
 To make the claim you made, you would need a lot more data than you
 can get from doing the simple queries you are doing, and as a matter
 of fact this would require the co-operation of the nameserver
 operators.
 
 Your method is not scientific, and it no statistician would ever make
 the leap in logic you tried to make here.

Get yourself a statistician and I'll be happy to provide him with the
numbers.  Like I always say - talk is cheap and evidence dont lie '=)

regards
joe

-- 
Joe Baptista

http://www.dot.god/
dot.GOD Hostmaster
+1 (805) 753-8697