Re: [IFWP] working within ICANN

2001-09-10 Thread Kent Crispin

On Tue, Sep 11, 2001 at 12:08:16AM -0400, Richard J. Sexton wrote:
 Beautiful. But who gave you your IP number?
 
 The same place ICANN got their. A regional registry. ICANN uses NAT
 addresses so this is rather moot.

Where did you get that idea?

-- 
Kent Crispin   Be good, and you will be
[EMAIL PROTECTED]   lonesome. -- Mark Twain




Re: [IFWP] Voting issues with ICANN @Large election

2000-10-07 Thread Kent Crispin

On Sat, Oct 07, 2000 at 04:29:47PM -0700, Ellen Rony wrote:
 Brian Reid has made a web site with full documentation of his ICANN election
 problem. Its URL is
 
 http://reid.org/brian/icann/
 
 He encourages wide distribution of this URL so that as many people as
 possible know this information before they vote.  ICANN voting runs through
 October 10.

The description given of STV is not at all accurate, however, and Mr
Reid's concern is largely unfounded (I do agree that a pointer to a
description of the algorithm would have been nice).

There is effectively no difference between ranking a candidate seventh
and not voting for them at all.

See http://www.electoral-reform.org.uk/sep/votingsystems/stvi.htm

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Voting issues with ICANN @Large election

2000-10-07 Thread Kent Crispin

On Sat, Oct 07, 2000 at 05:51:22PM -0700, Kent Crispin wrote:
 On Sat, Oct 07, 2000 at 04:29:47PM -0700, Ellen Rony wrote:
 Brian Reid has made a web site with full documentation of his ICANN election
 problem. Its URL is
 
 http://reid.org/brian/icann/
 
 He encourages wide distribution of this URL so that as many people as
 possible know this information before they vote.  ICANN voting runs through
 October 10.
 
 The description given of STV is not at all accurate, however, and Mr
 Reid's concern is largely unfounded (I do agree that a pointer to a
 description of the algorithm would have been nice).

Actually, my mistake.  There is a description of the algorithm 
prominently displayed on the ICANN members web site -- it's a direct 
link off the main page:  http://members.icann.org/rules.html

They say, in part:

1.  ICANN will use the Alternative (also known as "Preferential" or
"Single-Transferable") Voting System to conduct this election.  Members
will rank the candidates in order of preference ("1" for their first
choice, "2" for their second, etc.).  Members may rank as many or as few
candidates as they choose.  The votes will be tallied according to the
first preferences (the "1"s).  If at that point one candidate has an
absolute majority (50% + 1) of the vote, he/she is selected.  If not,
the candidate with the fewest votes is eliminated.  The eliminated
candidate's votes are redistributed to the next ranked candidates (the
"2"s).  The votes are counted again to determine whether any candidate
has an absolute majority.  If not, the elimination process is repeated
until one candidate gains a majority. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




[IFWP] Re: [Nc-tlds] RE: ICANN received 44 applications for new TLDs

2000-10-04 Thread Kent Crispin

On Wed, Oct 04, 2000 at 11:13:25AM -0700, Anupam Chander wrote:
[...]
 Mr. Sondow's future postings will go unanswered by me.

Generally, that is the best policy.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Re: [dnso.discuss] Re: Complaint to Dept of Commerce on abuse of users by ICANN

2000-08-04 Thread Kent Crispin

On Mon, Jul 31, 2000 at 09:23:29PM -0400, Michael Sondow wrote:
 Tell this to my brother, a world-famous mathematician who disdains
 the Internet.

But I would love to tell it to your brother.  Who is he, and how can I
contact him?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Re: [icann-board] Re: You are Turning Away Outside Members WhoAttemptTo Register

2000-07-31 Thread Kent Crispin

On Mon, Jul 31, 2000 at 12:14:36PM -0500, Weisberg wrote:
 "vinton g. cerf" wrote:
 
  The trouble is, it is too little, too late - we're already over the
  top in terms of what we can handle in a reasonable time frame, taking
  our funding (now expended) into account. More time is more cost and more
  delay - it doesn't add up.
 
 It is a bad situation.  No good will come of it.  Whatever is done,
 now, will poison the well in the coming elections.
 
 Hindsight is clear.  The membership drive should have occurred sooner
 and there should have been a "shake-down" cruise before the first "race,"  as had 
been suggested.

You mean like the first couple of months, while the system worked fine?

 That water is under the bridge.
 
 So, what is the best bad choice, now?
 
 I suggest extending the deadline; accepting registrations online,
 only; and distributing PINs by email.

That would be silly beyond belief.  Whatever security there may be in 
the system depends on the fact that pins are shipped to a physical 
address.  Changing that rule midstream would completely alter the 
requirements for voting, and would certainly destroy whatever validity 
the system might have.

 If necessary, you can bump the election a few weeks.  That would cause
 minimal harm.

Extending the deadline sounds good, but probably won't change things one
bit -- it will only delay the period before people start screaming about
being disenfranchised.  The news about the ICANN elections has been
filtering out slowly -- more people will know about it tomorrow than
know about it today; the rate of registrations has been increasing
steadily, with no upper limit in sight.  It is quite possible that the
number of registrations could grow to the millions, given more time. 

Moreover, there are obviously many many people such as Mikki Barry and 
Dan Steinberg who have known about this for months, but put off 
registering until the last few days.  Heavy load on the system during 
the last few days is predictable no matter how it was sized to begin 
with.  

Finally, a moments thought indicates that the feedback loop is
intrinsically unstable: as soon as the system starts to slow down,
people start retrying.  The retries clog the system even more, which
leads to more retries.  It gets into catastrophic failure mode very
quickly, where the system is completely clogged, and no registrations 
can proceed.

Consequently, it doesn't make much difference how you sized the system, 
or how long you delay -- similar problems are very likely to occur.

Once again, hindsight is wonderful

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Re: Complaint to Dept of Commerce on abuse of users by ICANN

2000-07-31 Thread Kent Crispin

On Mon, Jul 31, 2000 at 01:53:05PM -0400, Richard J. Sexton wrote:
[...]
 Sure, a million users is nothing to sneeze at. I think part of the
 problem here is the notion that the decision to support 10,000
 users wasn't ever made public - perhaps it was and I just missed
 it although that seems unlikely - but, I'm utterly convinced it
 that hard limit was made public people woild have freaked out
 and severely questioned and warned about such a small number.

Nobody set a hard limit.

 At the end of the day, planning for 10,000 anf getting 143,000
 gets you in trouble. Planning for a million and getting 143,000
 doesn't.

Sure it does.  You've wasted money, lots of it.

 As for the money, Becky Burr/NTIC/DoC has stated in open fora
 that if it came right down to it and ICANN couldn't afford
 to do what it was doing, DoC would not let it fail because
 of money. I have no reason to believe she was lying.

Of course! It's so simple! ICANN can spend as much money as it wants
because the DOC will bail them out. 

 Alternatives are always an option. If people were asekd "do
 you want only the first 10,000 to be able to vote or
 do you mind if we ask you to send a self addresses stamped
 envelope or a doller or two if you're outside the US" my
 off the wall guess is people would pick the latter.

Hindsight is wonderful.  Planning with off the wall guesses is a 
breeze.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Re: Complaint to Dept of Commerce on abuse of users by ICANN

2000-07-31 Thread Kent Crispin

On Mon, Jul 31, 2000 at 01:29:39PM -0400, Mikki Barry wrote:
[...]
 
 Regardless of whether predicting load is difficult or not, this was 
 something that was a part of the contract from the beginning. 
 Government contractors generally must abide by the terms of their 
 contract, even if it is difficult.  That is a part of the risk of 
 doing business.  Poor planning is rarely an excuse.

Irrelevant.  The contract in question is basically for a joint research
project.  This experience and the ensuing study will shed a lot of 
light on the difficulties of doing such a thing -- from the point of 
view of research, this is a completely successful result...

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Re: Complaint to Dept of Commerce on abuse of users by ICANN

2000-07-31 Thread Kent Crispin
there were multiple complaints that the ICANN
requirement of 5000 registered voters before an election was held was a
cynical ploy by ICANN to eliminate the possibility of elections.  There
were lots of people who thought that 5000 was an impossibly high target.

Now, of course, all such thoughts have vanished from the fickle minds of
the critics, and the shrill chorus is "*anyone* could have anticipated
the load!!".  These guys are just too funny, you know :-)

 Markle has also said, in public, "if you need more money it's here".

Please note that 

1) Talk is cheap.
2) Sometimes money just can't solve the problem.

You are surely familiar with Fred Brooks' "The Mythical Man-Month"?

  Alternatives are always an option. If people were asekd "do
  you want only the first 10,000 to be able to vote or
  do you mind if we ask you to send a self addresses stamped
  envelope or a doller or two if you're outside the US" my
  off the wall guess is people would pick the latter.
 
 Hindsight is wonderful.  Planning with off the wall guesses is a 
 breeze.
 
 All we hae is hindsight cause they never made it clear what they
 were doing. Now that we know

Nothing has changed.  You would be finding anything you could to
criticize, regardless of the outcome.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Re: Complaint to Dept of Commerce on abuse of users by ICANN

2000-07-31 Thread Kent Crispin

On Mon, Jul 31, 2000 at 08:02:11AM -0700, Greg Skinner wrote:
 Lloyd Wood [EMAIL PROTECTED] wrote:
 
  William Allen Simpson wrote:
 
  The users of the Internet have access to several free browsers that
  support frames on a dozen platforms.  Folks that are unable to use
  the Internet are not an appropriate electorate.  Lazy kindergartners
  are not the target audience for ICANN membership.
 
  I do hope this isn't the official ICANN view. I imagine that
  a disability discrimination lawsuit would soon follow.
 
  how many text-to-speech audio browsers support frames well?
 
 Support for the disabled does seem to be a concern in some quarters;
 for example, see
 
 
http://dir.yahoo.com/Computers_and_Internet/Software/Internet/World_Wide_Web/Browsers/Lynx/
 
 The secure registration page requires https, which isn't available in lynx
 as far as I know.

1) The web page does NOT use frames -- as far as I know, there are no frames 
in the entire ICANN site; 

2) the secure registration page is OPTIONAL; you can register through a
nonsecure path. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Re: You are Turning Away Outside Members Who Attempt To Register

2000-07-30 Thread Kent Crispin

On Sun, Jul 30, 2000 at 11:47:18AM -0700, Greg Skinner wrote:
 
 How can you be sure of this?  I can imagine that there are that many
 applicants from the countries you cited that have sufficient understanding
 of the issues ICANN is supposed to be concerned with.

How can you say that with a straight face?

I can be sure of this, because after N years of participating, it is
clear that a substantial number of the active participants don't really
understand the issues.  Nor do they understand the history.  Many of the
absolutly critical issues have to do with fairly obscure points of US
law and governance structures that are not familiar to most Americans,
let alone non-Americans; many of the points concerning DNS are not
familiar to most technical people, let alone non-technical people; many
points concerning intellectual property rights are unfamiliar to
everyone except IP lawyers.  The fact is that the whole picture is
extremely complicated and obscure. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Re: You are Turning Away Outside Members Who Attempt To Register

2000-07-28 Thread Kent Crispin

On Fri, Jul 28, 2000 at 12:54:32PM -0700, Bret Fausett wrote:
  To the extent that the late registrations are coming predominately from
  China (as I have seen reported) or non-English speaking and/or emerging
  nations -- where information about ICANN may have been slow to reach
  potential members -- these "random rejections" have a disproportionate
  impact on these groups.
 
  People who get news late will not be as well served as people who get
  news early.  There is nothing, even in principle, that can be done about
  that -- the problem exists completely independent of the performance of
  the server.  People who find out about the election after the election
  occurs won't be able to vote.
 
 I'm not at all concerned with protecting those who hear about ICANN after
 the deadline expires or who try to register on August 1st. But if people are
 trying to register today, but cannot, there might be a couple of things to
 do about that:
 
 (1) Allow potential members to e-mail their registration data to a mailbox
 on another server, rather than requiring that they use the overloaded web
 form.

You just move the problem to those who don't hear about the email.  
Moreover, you open yourself to the challenge that you changed the rules 
midstream without adequate notice...

 (2) Allow potential members to mail to ICANN, via postal mail, their
 registration data, with a postmark or other 'proof' of mailing prior to the
 deadline.

Same problems as above; plus you have to hire staff to go through the
letters and input the data.  Data entry for another 10 letters is a 
nontrivial job.

 You'd have to move all deadlines back by 30 days, to allow mail to reach
 Marina Del Rey and to process the e-mail registrations. But you would have
 ensured that anyone who wanted to register had been able to do so.

Nope.  You wouldn't ensure any such thing.  There are still all kinds of
things that might go wrong, all kinds of reasons why letters might not
get there -- eg, could be a postal strike in Marina del Rey. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] There's something dirty in the works

2000-06-18 Thread Kent Crispin

On Sun, Jun 18, 2000 at 06:52:02AM -0500, Carlos Vera wrote:
 well there should be one way. What about electronic signature?

You should be aware that the message from "Jeff Williams" is actually
from me -- If you examine the headers of the mail message it states
quite plainly that it is from "[EMAIL PROTECTED]".  The crude forgery
(anyone can change the "From: " header on an email) was sent partly as a
joke, and partly as an example to remind us that "identity" on the
Internet should not be taken for granted. [*]

I don't know if Bill (if it was really Bill) was joking or not, but it
is clearly absurd to accuse ICANN of "padding" an unverified (and
unverifiable) attendence list -- the list has no formal value for good
or ill, and is just presented as is for informational purposes, as a
courtesy to participants.  Besides, I haven't noticed any press releases
from ICANN saying "Look everybody, we are OK: Bill Lovell engaged in
electronic participation with us."

As to your comment about electronic signatures:  yes, there are 
techniques that could be used to better identify people.  However:
1) deploying those techniques has a cost; 2) they are not easy for
people to use; 3) it is not clear that there *should* be any 
identification requirements -- this is supposed to be open to general 
public participation from anyone who can connect to the Internet.

[*]
For those whose mail readers may not give them easy access to the
headers, here are the headers of the message I sent as "Jeff Williams". 
Also, there may be some people who are not aware that "Jeff Williams" is
a fabricated persona managed by a person or persons unknown.  The fact 
that the persona is fabricated has been established beyond a reasonable 
doubt -- the internal inconsistencies alone are sufficient proof.

The headers:

 From [EMAIL PROTECTED]  Sun Jun 18 00:59:05 2000
 Return-Path: [EMAIL PROTECTED]
 Received: from ns1.vrx.net (ns1.vrx.net [204.138.71.254])
 by songbird.com (8.9.1a/8.9.1) with ESMTP id AAA28846
 for [EMAIL PROTECTED]; Sun, 18 Jun 2000 00:59:04 -0700
 Received: by ns1.vrx.net (Postfix)
 id 33EF0F045; Sun, 18 Jun 2000 03:58:59 -0400 (EDT)
 Delivered-To: [EMAIL PROTECTED]
 Received: by ns1.vrx.net (Postfix, from userid 1074)
id C721BF100; Sun, 18 Jun 2000 03:58:57 -0400 (EDT)
 Delivered-To: [EMAIL PROTECTED]
 Received: from songbird.com (songbird.com [206.14.4.2])
by ns1.vrx.net (Postfix) with ESMTP id 9C366F045
 for [EMAIL PROTECTED]; Sun, 18 Jun 2000 03:58:54 -0400 (EDT)
 Received: (from kent@localhost)
by songbird.com (8.9.1a/8.9.1) id AAA28838
for [EMAIL PROTECTED]; Sun, 18 Jun 2000 00:58:49 -0700
 Message-ID: [EMAIL PROTECTED]


-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain




Re: [IFWP] Key quotes and ideas from ICANN membership roundtable

2000-02-10 Thread Kent Crispin

On Thu, Feb 10, 2000 at 12:18:57AM -0800, A.Gehring wrote:
 
 
[...]
 
  ICANN has no authority to tell ISPs how to do things without their
  consent.  Though proponents of internet governance would like it to be
  otherwise, it is the ISPs and other infrastructure providers that are
  the "governed" in this situation -- not individuals.  This is the
  fundamental reason that individuals have little power in the ICANN
  structure, and there is essentially nothing that can be done about it
  unless you turn ICANN into an arm of government.
 
  That is, if you were to modify the ICANN structure so it was operated by
  popular vote of the "people", then the ISPs, registries, IETF, etc would
  simply ignore ICANN, and the "people" would have no more power than they
  did before.
 
 My neighbor owns the largest grass seed farm in the world. While I may not
 agree with the action his government brings against him,  I do not believe
 that because he 'owns' the land that he should be exempt from governance.

If an ISP commits fraud, the principles can go to jail.  So they are not
"exempt from government".  But that is completely irrelevant to our
situation.  Despite the delusions that many people suffer, ICANN is
*not* a government.  It does not have the coercive power of the state to
back its actions.  [*]

You have two choices -- you can turn ICANN into a government tool with
real power over registries, ISPs etc, in which case the GAC becomes the
real power in the organization, and the Internet is run by international
government agreements (formal or informal).  Or you can try to continue
the Internet tradition of private coordination. 

In the first case individuals have no significant power -- the GAC or
its successor will have all the power.  In the second case individuals
have no significant power, either, because the entities being
coordinated (ISPs, registries, etc) are under no compulsion to pay
attention to ICANN.

 Your arguments Ken, are deeply disturbing.

I'm not sure why that would be.  

Think about the auto industry.  There are numerous government
regulations that affect the auto industry.  Imagine that there was an
entity like ICANN involved -- "IBCAP, the International Body for
Coordination of Automotive Policies" -- to coordinate certain policy and
technical issues in the auto industry.  Of course, its activities would
affect individuals.  Of course it would have to worry about anti-trust
issues.  But do you think that the auto manufacturers would turn over
*control* of IBCAP over to random individuals? No way.  On the other
hand, there might very well be a place for individuals to participate,
because that would be useful input.

What is deeply disturbing to me is that so many members of the
"membership roundtable" -- obviously very intelligent, capable people --
seem completely deluded about what ICANN really is or can be. 

[*] ICANN has a bit of power related to .com/.net/.org.  But that is 
mostly an illusion -- the USG is the entity that holds all the real 
power there.  

Kent

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Key quotes and ideas from ICANN membership roundtable

2000-02-10 Thread Kent Crispin

On Thu, Feb 10, 2000 at 12:17:42AM -0800, Karl Auerbach wrote:
 
    The
  fundamental complexity in this situation stems from the fact that the
  Internet is largely owned by private interests.  To be concrete, Old
  Harry doesn't have any right to tell me how to run my computers
 
 The airplanes and ships of the world are largely owned by private
 interests. Yet there are very strong regulations that say exactly how they
 shall be flown or sailed.

Of course.  I mentioned automotive companies, but the principles are
precisely the same for airplanes and ships.  Let's just think about that
-- we have shipping companies with assets in the billions, and they are
going to let themselves be regulated by a barely solvent private
non-profit corporation controlled by anybody who can get 5000 people to 
send in a registration?  Sorry.  That doesn't pass the "ha-ha" test.

 Regulation of the Internet is both legitimate and proper.  The question is
 by whom, over what, what the regulations shall be, and what processes are
 used to apply them.

..and you can bet that it isn't going to be a bunch of people who 
happened to stumble across an email list :-)

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Key quotes and ideas from ICANN membership roundtable

2000-02-09 Thread Kent Crispin

On Wed, Feb 09, 2000 at 02:59:48PM -0500, Andy Oram wrote:
[...]
 
 Hill: We seem to have a "fear of the masses." We don't have
   to worry about capture through elections; people like
   Berman in the CDT can go online and drum up a couple
   hundred people to take their position.

This was a joke, right?  Please tell me that people laughed.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Key quotes and ideas from ICANN membership roundtable

2000-02-09 Thread Kent Crispin

On Wed, Feb 09, 2000 at 07:08:56PM -0800, A.Gehring wrote:
 
 Richard J. Sexton wrote:
 
 
  I believe one of the reasons we are in Year 2 of ICANN without an At
 Large
  membership is because that membership was defined too broadly.  That
 
  You mean you don't think I should be able to walk across the street
  to the Bannockburn general store and tell old Harry that he's a voting
  member of internet government?
 
  Limit it it to nameserver owners. That's who it's supposed to be
  coordinating isn't it? (Like they ever asked to be coordinated).
 
 Provided that 'Old Harry' and his children will never be impacted in any way
 whatsoever by the Internet, I would then and only then emphatically agree
 that they should not have an avenue for their voices to be heard within the
 halls of Internet Governance.
 
 Nobody wants to be coordinated. But that is exactly what government does.
 Whether her mandate is narrow or broad THE ICANN WILL COORDINATE ALL OF US,
 not just those of us who own nameServers. We all ought to get in on the
 voting. Even Harry.
 
 Arnold Gehring

A nice sentiment, but simplistic to the point of uselessness.  The
fundamental complexity in this situation stems from the fact that the
Internet is largely owned by private interests.  To be concrete, Old
Harry doesn't have any right to tell me how to run my computers -- not
directly, and not indirectly through the medium of ICANN.  Nor does he
have the right to tell ISPs how to do things, except through the medium
of the market.  The fundamental issue here is the assertion of
authority over private entities that actually own the Internet
infrastructure.  The issue is not individual rights, at least not in 
the sense that ICANN would be considered as a representative organ of 
the "people".

ICANN has no authority to tell ISPs how to do things without their
consent.  Though proponents of internet governance would like it to be
otherwise, it is the ISPs and other infrastructure providers that are
the "governed" in this situation -- not individuals.  This is the 
fundamental reason that individuals have little power in the ICANN 
structure, and there is essentially nothing that can be done about it 
unless you turn ICANN into an arm of government.

That is, if you were to modify the ICANN structure so it was operated by
popular vote of the "people", then the ISPs, registries, IETF, etc would
simply ignore ICANN, and the "people" would have no more power than they
did before. 


-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Photographic satire of ICANN available at

1999-12-31 Thread Kent Crispin

On Fri, Dec 31, 1999  Gordon Cook wrote:
 http://cookreport.com/neptibalb.shtml
 
 these are the costumed buddhist monks of the tengboche monastery  near 
 mt everest

Costumed Buddhist Monks.  More appropriate than you realize.  

"Last Refuge from ICANN" -- fairly accurate, I would say.

Incidentally, the picture linked to by the "Crock and Crispy" thumbnail
is not the same as the thumbnail -- you have interchanged the full-size
picture with the "GAC Rules" full-size picture. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] FW: [FAIR-L] Initial Reports from Seattle Gloss Over WTO Issues

1999-12-01 Thread Kent Crispin

On Wed, Dec 01, 1999 at 04:52:24PM -0500, Jay Fenello wrote:
 
 
 This just in:

:0
* ^From:.*(Gordon Cook|iciiu|pccf|baptista|Fenello)
$MAILDIR/kooks

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: your mail

1999-11-21 Thread Kent Crispin

On Sun, Nov 21, 1999 at 07:39:34PM -0500, Richard J. Sexton wrote:
 At 03:02 PM 11/20/99 -0800, Patrick Greenwell wrote:
 On Sat, 20 Nov 1999, Richard J. Sexton (At work) wrote:
 
  Doesn't matter. At least we have COMPETITION in the domain registration
  business. You're NO LONGER LOCKED IN and the STABILITY OF THE
  INTERNET is no longer at risk.
  
  The fact your domain dosn't work is a small price to pay.
 
 How is this any different from when NSI ran things exclusively?
 
 It's not. That's my point. Poeple compained one company
 gave them shitty service. Now a whole bunch of companies
 give shitty service.
 
 What can we conclude from this, class ?

Premise: Having many companies doesn't help service.

Conclusion 1: Competition doesn't work.

Conclusion 2: Multiple competing registries won't help service. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Vixie stepping away from BIND

1999-11-15 Thread Kent Crispin

On Mon, Nov 15, 1999 at 02:58:11PM -0800, Mark C. Langston wrote:
 I think I mentioned this on domain-policy, and I note that sendmail.net's
 got a story about it:
 http://www.sendmail.net/?CssUID=CssServer=SessionName=feed=interview000lisa01
 
 However, there's a slight error here.  The sendmail.net story says,
 
"Vixie described this last feature as "the split-horizon DNS people have
wanted for a long time," noting dryly (and to considerable applause)
that as for "people like AlterNIC who want us to believe it's possible
to have more than one set of root name servers, this will not
facilitate their political agenda at all."
 
 
 I was there.  In a room of 3-400 people, about 10 clapped, tentatively.
 I also find it somewhat interesting that someone who's gone out of his
 way to stay out of politics ("I'm not in this for your revolution"), 
 makes a snide political comment that, in effect, exposes his bias.
 
 
 I can understand his desire to maintain stability;  hell, I'm for it.
 But other than hand-waving and fortune-telling, I haven't heard a good
 technical reason against multiple roots.  I don't want to start a holy 
 war, but is there a good solid techincal reason why multiple roots 
 wouldn't work?  (Keep in mind, when I say "multiple roots", I mean
 a small number [5 or so] of mutually-exclusive roots.)

What mechanism do you propose to 1) keep it a small number, and 2) 
ensure that they are mutually-exclusive?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] How to get your own root server, easy steps !

1999-11-15 Thread Kent Crispin

On Mon, Nov 15, 1999 at 06:55:35PM -0500, Javier Rodriguez wrote:
  (Keep in mind, when I say "multiple roots", I mean
  a small number [5 or so] of mutually-exclusive roots.)
 
 What mechanism do you propose to 1) keep it a small number, and 2) 
 ensure that they are mutually-exclusive?
 
 Why ?
I want to be free to create  ".free" root (4 letters root) ... and 1,257 more
roots... the only neccesary thing is to have a central point in the best
"first come first served" style... you want to put your own DNS server
managing the ".myownhome" root ??? Come and register it !

Go right ahead.  I have created my own root servers, and I actually 
run a production root server on a large private network.  The trick 
is to get anyone else to use them.

 (Sorry WIPO guys !   Big company lawyers  will be happy with a ton
 of hours to bill to their clients ! But is this a free world or not  If you
 have a BIG company, and a BIG NAME to take care of... then YOU
 have the money to call the law, hire lawyers and sue the teenager
 that came first and register the ".mydonalds" root server !
 
 Been there... done that!

Yes, indeed.  Been there...done that.  There have been at least 5
serious attempts to create alternate root servers.  They all have
failed.  Why do you suppose that is?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] How to get your own root server, easy steps !

1999-11-15 Thread Kent Crispin

On Mon, Nov 15, 1999 at 09:24:46PM -0500, Richard J. Sexton wrote:
 Yes, indeed.  Been there...done that.  There have been at least 5
 serious attempts to create alternate root servers.  They all have
 failed.  Why do you suppose that is?
 
 Oh, sure, in the past tense you refer to them as "serious" :-)

Sorry, I slipped up.

 But to answer your question, a) because of the personalities
 of the people spearheding them and b) the death-knell was Kashpureffs
 redirection of internic. 

You don't think it had anything to do with factors like: 

1) very few people are interested in being in a domain that nobody 
can see;
2) a very large percentage of users of the internet would rather 
things be stable
3) the serious Internet technical community overwhelmingly rejects 
the idea
4) ...

 When I moved up to Bannockburn, the local ISP used eDNS; I'd
 never heard of them and they'd quietly switched. When Eug
 went nuts and did his thing they switched back. It's a trust
 thing.

I think it is a little more than that.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: Freedom of speech (was:Re: Re: [IFWP] List security and vind

1999-11-10 Thread Kent Crispin

On Wed, Nov 10, 1999 at 01:43:10PM -0500, [EMAIL PROTECTED] wrote:
[...]
  I'm *trying* to filter the culprits out of my life and I'm still getting 
  a mailbox full of utter crap. 
 
 See what I mean.  Now - if we had no censorship - the result is our kill
 files would work again.

No, they wouldn't.  Killfiles are no proof against spoofed 
addresses.  

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] At large membership

1999-11-03 Thread Kent Crispin

On Wed, Nov 03, 1999 at 02:32:10PM -0500, Jay Fenello wrote:
[...]
 
 Every other constituency was recognized,
 warts and all, with the "understanding ;-)"
 that they would grow into a more robust
 and legitimate organization over time.
 
 Why the double standard for the IDNO?

There is no double standard.  

The existing constituencies are described in the bylaws, the IDNO is 
not.  Two different processes are involved -- on the one hand, 
completion of already defined and accepted constituencies; on the 
other hand, recognization of a constituency in the first place.

The existing defined constituencies were the result of a long arduous
public process.  Part of that process included SEVERAL proposals for
an individual constituency, and those proposals did not gain
acceptance.  I made some of those proposals, so I am intimately
familiar with the issues and the objections that were made.  Those
issues and objections have not gone away, and recognization of an
individual's constituency in any form is highly problematic, at best. 

Kent

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: [names] Image Online Design on ICANN

1999-10-29 Thread Kent Crispin

On Fri, Oct 29, 1999 at 12:47:14PM -0400, Jay Fenello wrote:
 At 11:19 AM 10/29/99 , Esther Dyson wrote:
 It seems to me that if you read   eachword   very carefully,
   he's saying:  no *monopoly* TLDs, not "no competitive TLDs."
 
 Esther Dyson
 
 
 Hello Esther,
 
 Twisting words and meanings is no way
 to build trust.

It is you who are twisting words and meanings.  I daresay that most 
people can see the distinction between "monopoly" and "competition".

There are no socialists on the ICANN Board -- in fact, in other
venues the Board is heavily criticized for favoring business
interests. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: [names] Image Online Design on ICANN

1999-10-28 Thread Kent Crispin

On Thu, Oct 28, 1999 at 08:44:25PM -0400, Jay Fenello wrote:
 At 06:43 PM 10/28/99 , Mike Roberts wrote:
 Just for the record, the assertions contained in the following
 email with regard to statements I am alleged to have made are
 completely without factual substance and do not represent my
 views or the views of any ICANN person to the best of my
 knowledge.
 
 - Mike Roberts
 
 
 Here's is what started it all:
 
   Date: Wed, 18 Aug 1999 02:48:58 -0400
   To: [a reporter]
   From: Jay Fenello [EMAIL PROTECTED]
   
   Here's where Mike Roberts informs everyone
   that he's decided that prior claims to TLDs
   are not valid, are not going to be considered,
   even though this is in direct contradiction to
   the White Paper's approach of a bottom-up
   consensus process to answer this question.

Mike Roberts quote below does not say what you say above, and your 
claim that it does takes the prize for the most creative deliberate 
misreading I have seen in a long time.  

[...]

   (Mr. Mike Roberts):
   ...
   "whatever we do about new top-level domains, one of the clear
   antecedent requirements of that is that we don't make what
   appears to be a monopoly profit grant.  Now there are a lot
   of mechanisms for dealing with that and we are going to hear
   a lot of input on that, but I just wanted to sort of get that
   message out there because we are no longer if we ever were,
   we are no longer in an Oklahoma land rush approach to the
   creation of new TLDs. "

Let's see.  You have stated that Iperdome suspended operations
because of Mr Robert's above statement.  

That is, the statement "one of the clear antecedent requirements ... 
is that we don't make what appears to be a monopoly profit grant" was
sufficient to, for practical purposes, cause you to close down
Iperdome. 

That is, you agree that delegating the .PER TLD to Iperdome as you
would like would be a "a monopoly profit grant". 

Thank you for clarifying that.  This is the point that many of us 
have been making for a couple of years now.

We can further deduce that you believe that your business could not
survive without a "monopoly profit grant."

That is, that your business is not competitive.

Thanks for finally admitting that, as well.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: [names] Breaking in to the discussion ----- trust

1999-10-14 Thread Kent Crispin

Jay Fenello in the news:

http://www.nytimes.com/library/tech/99/10/circuits/articles/14spin.html

Is it relevant that someone is paid by an entity with a major 
financial stake in the issues?

Richard Sexton and Tony Rutkowski have also acknowledged being paid
consultants of NSI.  All three claim that this has nothing to do with
what they say -- that is, that NSI supports them because of what they
have a natural inclination to say. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: [names] Breaking in to the discussion ----- trust

1999-10-14 Thread Kent Crispin

On Thu, Oct 14, 1999 at 10:07:25AM -0700, Mark C. Langston wrote:
 
 On 14 October 1999, Kent Crispin [EMAIL PROTECTED] wrote:
 
 Jay Fenello in the news:
 
 http://www.nytimes.com/library/tech/99/10/circuits/articles/14spin.html
 
 Is it relevant that someone is paid by an entity with a major 
 financial stake in the issues?
 
 Richard Sexton and Tony Rutkowski have also acknowledged being paid
 consultants of NSI.  All three claim that this has nothing to do with
 what they say -- that is, that NSI supports them because of what they
 have a natural inclination to say. 
 
 
 Yeah, Kent.  Heaven forbid, someone with a major financial stake in 
 the issues should participate in forming DNS issues.

As you well know, the issue is deception.

 ..oh, wait, that's
 pretty much every participant in the DNSO, isn't it?

Absolutely not.  From my personal knowledge: I don't have any
financial stake.  Dave Crocker doesn't.  David Maher doesn't.  Javier
Sola doesn't.  Roberto Gaetano doesn't.  Karl Auerbach, I believe,
has no financial stake.  None of the ICANN Board, to my knowledge,
has any financial stake in DNS issues.  My impression is that *you*
don't have a financial stake

 Kent, ICANN is nothing *but* monied interests.  There's only a handful
 of people with any actual say in the proceedings that don't have 
 a financial interest in the outcome.

None of the board has a financial interest in the outcome.

 Those of us who do not stand
 to gain financially and do not currently have any kind of direct
 say in what goes on keep trying to change that, and keep getting
 batted down by the large-money folks.

What do you mean by "direct say"?  Tell me how it is, for example, 
that MCI has a "direct say".  Could you point out to me where MCI 
gets to make direct vote on any ICANN policy matter?

Or maybe a big TM interest, like Disney.  Could you point out to me 
where we see Disney's direct vote on any ICANN policy matter?

It looks to me like *every* entity goes through some number of levels
of representation, and what you are concerned about is number of
levels.  Is that true?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: [names] Breaking in to the discussion ----- trust

1999-10-14 Thread Kent Crispin

On Thu, Oct 14, 1999 at 03:04:48PM -0400, Jay Fenello wrote:
 At 12:53 PM 10/14/99 , Kent Crispin wrote:
 Jay Fenello in the news:
 
 http://www.nytimes.com/library/tech/99/10/circuits/articles/14spin.html
 
 Is it relevant that someone is paid by an entity with a major
 financial stake in the issues?
 
 
 Hi Kent,
 
 Thanks for the publicity :-)
 
 BTW, I'm not sure I understand your point.
 
 I mean, doesn't Marilyn Cade get paid to
 represent ATT, or John Patrick, to represent
 IBM?  How about Jonathan Cohen, to represent
 trademark interests for his firm?

Substantial difference: they are indeed paid to represent their
employers.  You, on the other hand, were paid to operate as an
apparently independent agent.

 Or how about all of those trade associations?
 You know, like CIX, who seems to change positions
 on a whim?  Or like Jerry Berman's group, who
 recently affiliated with the GIP, and nominated
 Rick White?
 
 And what about people like Tamar Frankle, now a
 Berkman Fellow?  And what about the Berkman center,
 and their financial relationship with ICANN?

Eh?

 As I mentioned in the article, everyone earns a
 living somehow, and there will always be a way
 to claim that it influences their position.
 
 This applies even to you!
 
 Here's one from the archives:

Now that's an irrelevant treasure! -- a deconstruction of one of my
old papers by one of those individuals who has resided in my email
filters for a very long time.  Steve Page, as it turns out, is an
optometrist who sells eyeware in a Costco store down the road from
where I work.  I gave up reading his messages a long time ago,
because what he writes is always very large -- he submitted multiple
massive comments to the White Paper: in total volume I believe more
than any other single entity.

I sent an early draft of that paper to an email list something over 
a year ago, and it is now quite out of date.  A partially updated 
version can be found at 

http://songbird.com/kent/papers/regulation.txt,

if anyone is interested in reading it in a less mangled form. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Who distributes root list?

1999-10-10 Thread Kent Crispin

On Sun, Oct 10, 1999 at 09:42:57PM -0700, Greg Skinner wrote:
[...]
 
 Ellen Rony points out corrected that ICANN's supporters are well
 organized and financially endowed.

Some of them are financially endowed, but, speaking from insider
knowledge, it is patently absurd to say that they are well-organized. 
I know from heavy personal experience that ICANN supporters hardly
communicate, let alone organize.  A perusal of the recently released
archives of Joop Teernstra's "Cyberspace Association" reveals that
ICANN opponents were very well organized, before they disintegrated
into bickering.  

http://wxw.dso.net/ca-steering/old shows the well-oiled machine using
social engineering techniques to get at ICANN; discussing what to do
about Crocker and Crispin; discussion about how to handle the 
Santiago meeting; how to deal with the press, and a bunch of other 
stuff. 

http://wxw.dso.net/ca-steering, on the other hand, documents a major 
rift.

 I believe this is a key point.
 History tells us that organized movements, such as the 1930's radio
 broadcast networks desire to commercialize the radio airwaves, were
 able to succeed.  They were able to demonstrate to Congress that they
 could serve the public interest.  The opponents of the commercial
 broadcasters failed because they were too divided and unable to
 organize themselves sufficiently to sway Congress.

That may simply be a polite way of saying that they an ineffective 
small minority.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Analyzing ICANN - The committee that would be king

1999-09-09 Thread Kent Crispin

On Thu, Sep 09, 1999 at 02:37:53PM -0700, Greg Skinner wrote:
 Ken Freed [EMAIL PROTECTED] wrote:
 
  Craig --
  Please deal with substantive issues,
  the here and now, not ancient history.
  Linguistic nit picks do not serve the
  larger Internet community. Okay?
 
 Sorry, Ken, I concur with Craig.  It is one thing to temporarily declare
 one site to be the master root server, and quite another to disrupt
 world Internet traffic.
 
 --gregbo

You guys are wasting your breath.  Mr Freed has no interest in
accuracy or honest reporting or integrity of expression -- it's
entirely too boring for his messiah complex world government
fantasies.  He believes that he is the chosen son of Tom Paine, the
sole voice of reason in this benighted age, and thus by axiom,
anything you say is merely a "linguistic nit". 

The contrast with Jon Postel, a person with real personal integrity
and ability who *earned* his reputation, could not be more profound. 
Jon has a genuine place in in the history of the Internet and all 
the social promise it brings.  Mr Freed is a microbe who won't even 
be a footnote.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Press Scrutiny

1999-09-07 Thread Kent Crispin

On Tue, Sep 07, 1999 at 12:22:08PM -0400, Jay Fenello wrote:
 
 Why am *I* a topic of discussion between
 nationally-distributed publications?
 
 Seems very curious to me!

Me too.  They should simply ignore you.  

 FWIW, it has long been observed and rumored
 that some coordination of positions is in 
 effect at some of the larger news outlets.  
 Thanks for confirming these suspicions.
 
 
 Frankly, your comments are just the smoking
 gun.

The only smoking gun one you keep shooting your foot with. 

 The carcass in the driveway is News.com's
 (and the rest of the media's) refusal to print 
 the "untold" story about ICANN.
 
 In closing . . .
 
 I find it ironic that the more noise I make 
 about the blackout, the more you try and 
 justify your silence! 

Frankly, I think this is evidence that NSI should fire you.  This
whole "media conspiracy" campaign is a failure -- one of those cases
where a propaganda effort is seen for what it is, and backfires on
the originator. 

Of course, NSI can't really fire you, because they can't risk having 
you turn on them.  So I guess they are stuck with this 
hare-brained propaganda scheme for the forseeable future.  :-)

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Latest on the Australian censorship

1999-08-28 Thread Kent Crispin

On Sat, Aug 28, 1999 at 10:08:48PM -0400, Michael Froomkin - U.Miami School of Law 
wrote:
 
 FWIW, I have always read the bylaws exactly the same way. 
 
 The issues that matter strike me as completely political and not a bylaws
 issue.  Would ICANN have the spine to stand up to a strong demand by
 governments that, e.g., a ccTLD be reassigned?

My understanding is that IANA has already set a precedent in that 
case -- ccTLDs have been reassigned under such circumstances.  [I 
don't recall the details -- I think it was Jamaica or Haiti that was 
reassigned under pressure from the associated government.  It was 
painful for those who were registered with the old registry...]

In any case, many people believe that a government has fairly strong 
rights vis a vis choice of which registry runs the associated ccTLD, 
so this example is perhaps not a good one.  Government policies 
concerning encryption might be more interesting.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



[IFWP] Conspiracy theories.

1999-08-26 Thread Kent Crispin

The various interesting personalities on the lists have made me
suspicious over the years, and the apparent interplay from the two Jeff's 
(I filter them both, so I only see this indirectly) got me 
wondering, and about two weeks ago I did a little investigating.

On Aug 15 I sent a message to several friends, under the subject:
"fun with conspiracy theories", describing what I found.  This has 
been a game for some time, as you will see.

"Jeff Mason" had referred to various items at http://www.pccf.net.

But at the top level, http://www.pccf.net, the only thing that showed
at the time (two weeks ago) was a single, non-html text line that
said:

  WIP = PCCF.NET = [EMAIL PROTECTED] 

Very strange.  I expected to be fixed quickly, so I sent email to
about 50 people so they could verify it before it disappeared.  Sure
enough, the single text line has now been replaced with a "test
pattern". 

Whois on pccf.net shows

   Planet Communications Computing Facility (PCCF3-DOM)
   498 Gladstone Ave.#1
   Ottawa, ON K1R5N8
   CANADA
...
   Administrative Contact, Technical Contact, Zone Contact:
  Hostmaster  (HO3226-ORG)  [EMAIL PROTECTED]
  0-000-000-
Fax- 0-000-000-
   Billing Contact:
  Fanego, Francis  (FF1156)  [EMAIL PROTECTED]
  613-230-1466 (FAX) 613-230-5352

Domain servers in listed order:

   NS1.VRX.NET  199.166.24.1 204.138.71.254
   NS1.DIEBOLD.NET  205.189.73.10

vrx.net -- Richard Sexton (who needs no introduction)

diebold.net -- diebold.com -- Gene Marsh (the head of the
prospective "prospective gTLDs constituency", the one that NSI
designated Richard Sexton to represent in the NC meetings.)

Whois on Francis Fanego shows:

$ whois FF1156
Fanego, Francis (FF1156)[EMAIL PROTECTED]
   Rose FX
   498 Gladstone Ave.#1
   Ottawa, On K1R5N8
   CA

Exactly the same address as "Planet Communications Computing Facility"

"Jeff Mason's" email provider is earth-net.net.  earth-net.net,
however, appears to be yet another enterprise linked to richard
sexton.  Note that altavista.net is a free email hosting service, and
note the phone numbers.  The DNS servers, of course, are Richard
Sexton's:

$ whois earth-net.net
[rs.internic.net]

Registrant:
Earth-Nexus Internet Services (EARTH-NET5-DOM)
   550 South First Street
   San Jose, CA 95113
   US
   Domain Name: EARTH-NET.NET

   Administrative Contact:
  Network Information Officer  (NI76-ORG)  [EMAIL PROTECTED]
  0-000-000-
 Fax- 0-000-000-
   Technical Contact, Zone Contact:
  Hunt, John  (HJ818-ORG)  [EMAIL PROTECTED]
  0-000-000-
 Fax- 0-000-000-
   Billing Contact:
  Hunt, John  (JH23622)  [EMAIL PROTECTED]
  0-000-000- (FAX) 0-000-000-

   Record last updated on 21-Apr-99.
   Record created on 25-Apr-98.
   Database last updated on 14-Aug-99 04:04:43 EDT.

   Domain servers in listed order:

   NS1.VRX.NET  199.166.24.1 204.138.71.254
   NS3.VRX.NET  199.166.24.3

It's quite odd that a company that makes the claims it does on their 
web site (www.earth-net.net) does not manage their own DNS.

Interestingly enough, "John Hunt" sent a query to the
poc-submit list about a year ago, asking some rather strange
questions and providing verifiably bogus identification information.  
Here's a message from Bob Shaw replying to "John Hunt":

 From: Robert Shaw [EMAIL PROTECTED]
 Date: Mon, 24 Aug 1998 09:33:35 +0200
 To: John Hunt [EMAIL PROTECTED]
 CC: [EMAIL PROTECTED]

 Subject: Re: IAHC TLD's
  
 John Hunt wrote:
 
  Hello:
 
  We are conducting research into existing and claimed TLD's for the
  IFWP/IANA-2.
 
 Neither the IFWP nor IANA-2 are doing such research or requested such
 research.
 
 Robert

This exchange continued, with "Hunt" claiming to be working for the
IFWP, and the POC/PABers getting more and more suspicious, down to
the point where "Hunt" said "I type, therefore I am", and stopped 
responding. 

Here's whois on "Hunt":

$ whois JH23622
[rs.internic.net]
Hunt, John (JH23622)[EMAIL PROTECTED]
   Earth Network Information Center
   273 Charlotte Street
   Peterborough, ON K9J 2V2
   CA
   0-000-000- (FAX) 0-000-000-

   Record last updated on 21-Apr-99.
   Database last updated on 14-Aug-99 04:04:43 EDT.

Interestingly enough, iciiu.org was also using nameservers from vrx 
at one point, though that has changed, and the only reference I have 
is one of Bob Shaws notes, again:

 From: Robert Shaw [EMAIL PROTECTED]
 Date: Mon, 31 Aug 1998 13:10:29 +0200
 To: Kent Crispin [EMAIL PROTECTED]
 CC: POC [EMAIL PROTECTED]
 Subject: More subterfuge...
 
 Kent,
 
 Do a whois on iciiu.org - remember this character,
 Michael Sondow? Sexton again...

One has to wonder who pays for all this?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Conspiracy theories.

1999-08-26 Thread Kent Crispin

On Thu, Aug 26, 1999 at 10:52:44PM -0400, Richard J. Sexton wrote:
 Guilty as charged, Kent. I do DNS for a lot of people. 
 
 Your point is ?

...just the facts.

It isn't the DNS, of course -- doing DNS for people is certainly an
honorable profession. 

It is the evidence of pervasive deception: fake businesses, fake
organizations, fake email addresses, fake names, fake people.

It's also the association of that deception with intentional
disruptive behavior.  It's an interesting pattern, and it's
interesting how that pattern fits in with other events. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



[IFWP] Re: Re[2]: TLD List.

1999-08-25 Thread Kent Crispin

On Wed, Aug 25, 1999 at 08:15:40AM -0400, Marsh, Miles (Gene) wrote:
 -BEGIN PGP SIGNED MESSAGE-
 Hash: SHA1
 
 But you ARE claiming to be the registry/registrar for "umbrellas" in
 this model.

No, he is not.  As far as I can tell, Robin has simply added
"red.umbrellas" to a root zone, with no "umbrellas" zone in between. 
There isn't any hierarchy.  If someone comes along with a real
"umbrellas" TLD (one in some real root system), then "red.umbrellas"
will resolve directly if you go to Robins servers first), and
otherwise the normal dns process will operate. 

I could, for example, put "networksolutions.com" in my own DNS, and 
that name would simply resolve independently.

I'm not sure what effect this will have on caches and so on, 
however.

It's interesting to note that anyone else could do the exact same 
thing as Robin, simultaneously -- it *is* an interesting 
development, indeed.  Quite possibly it will crash and burn, but 
maybe not.

I don't think it will have any significant effect on ICANN, though, 
one way or another -- just like I don't think RealNames will have an 
effect on ICANN.  It may serve to make the ICANN root even more the 
root of business and government.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] ANNOUNCE: ICANN-Santiago Remote Participation

1999-08-23 Thread Kent Crispin

On Mon, Aug 23, 1999 at 06:09:20PM -0800, Ellen Rony wrote:
 Given the options (FIFO, random, gateway filter), I'd opt for random.

What procedure would you suggest for random selection?  Dice?  Why 
wouldn't people complain just as much about loaded dice?  Without 
going to an awful lot of trouble, the fact is that you have to trust 
the person making the random choice just as much as you have to 
trust the person making the selective choice.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] The ICANN Ruckus

1999-08-19 Thread Kent Crispin

On Thu, Aug 19, 1999 at 01:13:36PM -0400, Jay Fenello wrote:
[...]
 
 Hi Arnold,
 
 Throughout this debate over Internet Governance,
 there has consistently been two very different and 
 distinct perspectives.  
 
 One looked at the transition of authority from IANA
 to ICANN as a purely technical matter, one that should
 remain under the control of a technocracy.  
   - So what if civil liberties were not protected?  
   - So what if due process was ignored?  
   - So what if ICANN was captured?
 As long as the technocracy got to decide policy issues 
 on behalf of everyone else, this side was happy, even 
 if they had to break some rules along the way.
 
 The other side looked at this transition as the establishment 
 of world-wide self governance, one that should be firmly based 
 on representative and democratic structures.  Here, process was 
 more important than decisions, representative structures were 
 more important than political appointments.

A gross mischaracterization...

 By all appearances, these two sides have been equally matched, 
 with approximately the same number of people supporting each 
 of these positions.
 
 Yet, over time, the technocracy has come to dominate ICANN.  
 ICANN has justified this by claims of wide-spread community 
 "consensus".  But if the public support has been approximately 
 equal, exactly how has this consensus been arrived at?

As Ayn Rand was so fond of saying:  "Examine your assumptions."  The 
public support has not been "approximately equal".  In fact, the 
faction you describe as "establishing world-wide self-governance" is 
closer to a lunatic fringe than a faction.

[...]

 Nor am I.
 
 I only point out that media bias exists. 

A "media bias" exists against reports of flying saucers, as well.  

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Is the gTLD Workgroup outcome already decided by the CORE faction? And a criticism of the media.

1999-08-16 Thread Kent Crispin

On Mon, Aug 16, 1999 at 01:13:04AM -0800, Ellen Rony wrote:
 Esther,
 
 I am curious why you and the rest of the ICANN board are not at all
 disturbed by such pronouncements as the one cited below.  Rather than
 dismissing the legitimate concerns expressed here by listmembers, shouldn't
 you and ICANN be insisting that the misinformation posted on Connelly's
 website be removed.

Just exactly how would ICANN proceed in "insisting" that some stuff
on *anybodies* web site be removed? What would they do if it wasn't
removed, go to court? Two seconds of thought, should you care to
expend the effort, would reveal that ICANN can't do anything about
what people put on their web sites.  Two more seconds of thought 
would reveal that ICANN simply doesn't have the resources to even 
look at the web sites.  Two more seconds of thought would reveal 
that... Uh oh -- six seconds of thought.  Just blew our quota.

 What are your priorities in this situation--to quell commotion and treat
 listmembers like juveniles

Visited www.dnso.com lately? Hosted, created, and maintained by
Richard Sexton, paid consultant of NSI, who also hosts this list. 
Funny thing, that, eh?  

Perhaps he should put up a "send message from Ellen Rony" form, so
that anyone could send a message that looks like it came from you.

 or to investigate a valid complaint against
 someone who deceptively promotes the gTLD agenda of a self-interested
 faction that dominates these "self-organizing" activities?

It's not a "valid complaint".  Bob Connelly can put whatever he
pleases on his web site, and there isn't a thing ICANN can do about
it.  Furthermore, he has every right to put up whatever he pleases. 
Yet more, he also has every right to promote whatever agenda he
favors.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Call for comments on DNSO Names Council amendments (Deadline: August 10)

1999-08-07 Thread Kent Crispin

On Sat, Aug 07, 1999 at 12:11:04PM -0700, Patrick Greenwell wrote:
 On Sat, 7 Aug 1999, Esther Dyson wrote:
 
  Thanks, Karl.
  
  We are indeed soliciting comments as you suggest at the end.
 
 What is truly unfortunate is that despite repeated requests you have not
 addressed the substance of Karl's statements.
 
 ICANN willingly and knowingly violated its' own bylaws with the
 ICANN Interim CEO and counsel present in taking actions to have certain
 individuals forcibly ejected from a teleconference. Why?

Because ICANN is supposed to respond to public input, and
overwhelming public input was received that ICANN should revisit its
earlier position regarding NSI. 

 Is this an issue that will ever be answered when it is asked by the
 plebs, or will we be forced to have any meaningful question
 asked by a Congressperson in order to receive an answer?

You already know the answer; it has been given several times.  You
just don't like the answer.  Furthermore, you ask it in a way that
can have no meaningful answer ("Why?").  Finally, these are just
ankle-biting, repetitive, questions for the purposes of being
antagonistic, and after a while people stop paying attention. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Internet stability

1999-08-03 Thread Kent Crispin

On Tue, Aug 03, 1999 at 09:49:24AM -0400, Planet Communications Computing Facility 
wrote:
 
 I was very surprised to see Dr. Paul Toomey at the GAC Open Meeting
 treatening the world with such statements as, If ICANN fails, governments
 would take over the function.

There is absolutely no doubt that if ICANN fails, governments will
take over at least some of the functions.  If you look closely, the
USG, in the form of NTIA, actually has current control over the root
zone... 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



[IFWP] Re: [ga] Santiago DNSO GA Schedule - Is a full day needed ?

1999-08-03 Thread Kent Crispin

On Tue, Aug 03, 1999 at 02:49:04PM -0400, Planet Communications Computing Facility 
wrote:
 Hello Kent:
 
 Some time ago you made the comment:
 
 "ANYONE can set up a private TLD, and that has no more significance
 concerning the IANA root servers than the claims of the various militia
 groups concerning US territory." 
 
   Kent Crispin, Chairman, gTLD-MoU Policy Advisory Body, August 21st, 1998
 
 What was your intent in making this comment.  I think I follow it, except
 for the militia bits which seem out of place.

It's real hard to know what the intent of that comment was, given 
that it is a year old, and pulled from some context I don't 
remember.  The "militia bits" may have been a reference to some hot 
news story of the time, and I agree that it is a little hard to 
follow now.
 
I think what I meant was that it is perfectly legal to set up your
own TLDs and root servers, and to sell registrations in them. 

But doing so gives you no claim whatsoever to be put in someone
else's root servers. 

This is in contradiction to claims made by some that since they have 
what they call a functioning registry they can legally force their 
way into the IANA root.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] European Commission to investigate NSI

1999-07-29 Thread Kent Crispin

On Thu, Jul 29, 1999 at 12:39:17PM -0400, A.M. Rutkowski wrote:
 At 12:29 PM 7/29/99 , dibu wrote:
 Well, I think is not the same.
 
 NSI domain names are international, but country code based domain names
 not.
 
 
  From anticompetitive and functional standpoints, it is exactly
 the same. 

Apparently DG IV does not agree with you.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] how do you get to $500,000 since last October?

1999-07-26 Thread Kent Crispin

On Sun, Jul 25, 1999 at 11:27:25PM +0100, Michael Froomkin wrote:
 That's strange.  When I raised anti-trust questions to Joe Sims a while
 ago (in the context of whether ICANN's suggestions that the registries
 should voluntarily club together and have identical dispute policies) he
 assured me the issues were clear-cut and there were no problems. (Alas,
 for some reason, I was unable to follow his somewhat abbreviated
 explanation as to why this was.)  [That's irony, folks.]

1) The fact that particular issues might be clear-cut vis a vis
anti-trust certainly does not imply that *all* issues are clear-cut
vis a vis anti-trust. 

2) The fact that you, a lawyer, would raise such a question does seem
to indicate that it is worthy of research. 

3) The cases may have been clear-cut because the research was done. 

4) Finally, given that all lawyers do not have the same expertise,
the particular issues in question may indeed be clear-cut to Joe
Sims, but fall in a void in your understanding.  This would be
consistent with your inability to follow his telegraphed explanation. 
I do notice, incidentally, that Mr Sims approach to the law seems
very practically oriented, and yours seems very theoretical. 

I'm sorry, I didn't catch the irony. Perhaps you were a bit too
subtle?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Hilights from today's hearing

1999-07-25 Thread Kent Crispin
nst a ruthless and
clever monopoly with a huge wad of monopoly cash and an army of
lawyers and lobbyists.  That's what we really have, when you blow
away the smoke.  Oh.  I almost forgot -- we also have a bunch of high
minded babble about Internet Governance to entertain us while the
only *real* prospect of honest, responsible Internet Governance is
crushed before our eyes. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] how do get to $500,000 since last October?

1999-07-25 Thread Kent Crispin

On Sun, Jul 25, 1999 at 12:23:46PM -0400, Martin B. Schwimmer wrote:
 500 thou divided by $350 is 1428 billable hours, divided by 8 (normal
 billing day) is approx 178.  There have been only about 200 working days
 since ICANN was formed in October.  Should've hired in-house if you need
 all day every day legal assistance.

The assistance of Jones-Day goes back considerably before the start
of ICANN -- they were involved in the drafting of the original draft
bylaws that were out for discussion during the entire IFWP process. 
Also, there have been at least two Jones-Day lawyers involved.  I 
can't speak to the advisability of hiring in-house, though.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Hilights from today's hearing

1999-07-25 Thread Kent Crispin

On Sun, Jul 25, 1999 at 11:39:49AM -0700, Karl Auerbach wrote:
 
 For all your hand waving, it still holds true, for the price of a single
 share of common stock in NSI, one obtains more real voice in the affairs
 of NSI than one has in all of the land of ICANN.

Tell you what, Karl.  You use your standing as an NSI shareholder,
and bring a derivative action to demand that NSI's Board meetings be
open to all shareholders.  Actually, given their current
responsibility managing a public resource, why don't you demand that
they make their board meetings open to the public? Let us know how it
turns out, OK?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] how do you get to $500,000 since last October?

1999-07-25 Thread Kent Crispin

On Sun, Jul 25, 1999 at 04:29:28PM -0400, Martin B. Schwimmer wrote:
 If the $500k covers fees pre-ICANN then who were the services rendered on
 behalf of (and who signed off on the retainer)?  IANA?  Then it's IANA's
 bill.  Did ICANN pick up IANA's bills?

I really don't know, Marty -- I was just pointing out what might be 
some complicating factors.  I am pretty sure that at least part of the 
IANA work was pro bono. Someone did mention to me in private 
email, though, that having a certain amount of money on hand is 
required before one can hire in-house counsel :-)

I also believe, and I have some evidence from personal conversations
and the like, that ICANN's legal situation is a great deal more
complicated than appears on the surface (and the surface is
complicated enough).  I have mentioned several times in the past, for
example, that ICANN really must be very aware of where it sits vis a
vis anti trust, not only in the US, but worldwide.  Research into 
such topics doesn't come cheap.  

Also, it is probably the case that the amount of legal work varies
with the situation.  For example, I imagine that preparing for
Congressional hearings is fairly labor intensive from a legal
perspective.  Not only do you have to prepare presentations, but you
have to prepare supporting documentation, and you have to prepare for
a wide spectrum of possible questions, most of which will never be
asked.


-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Hilights from today's hearing

1999-07-24 Thread Kent Crispin

On Sat, Jul 24, 1999 at 11:38:28AM -0400, Diane Cabell wrote:
 you have any right in it.  If you pay someone to take pictures of your wedding but 
fail to
 do it under a carefully worded contract,  you are only entitled under US law to get 
copies
 of the photos.  You have no right to reproduce them or distribute them publicly.  The
 copyright ownership in the photos belongs to the photographer  because that is the 
person
 who "created" the work.
 
  If they *didn't* own it and it belonged to the Internet community - the
  only other viable candidate, then the USG can step out right now. :-)
 
 That's exactly what I'm saying.

Fine -- the contact database belongs to the Internet community. 
Presuming you can define "Internet community", how do you propose
that the Internet community regain control of it? The only entity in
a position to do anything for us is...the USG. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Hilights from today's hearing

1999-07-24 Thread Kent Crispin

On Sat, Jul 24, 1999 at 03:24:42PM -0400, Diane Cabell wrote:
 
[...]

 If there's an "it", then at most, who would "it" belong to? It
would only belong to the Internet
 community at large if it were in the public domain.  That's pretty
hard to accomplish these
 days, believe it or not.  You practically have to beat your
copyrights with a club to extinguish
 them.  It might belong to the registrants on the list, rather than
the Internet community at
 large.  Either way, not all the registrants/community are US
citizens ergo, the USG is not
 necessarily the appropriate rep.

You missed my point, I think.  There is no one else with standing 
vis a vis NSI to do anything at all about it.  The USG is it, not 
because they are  the best representative of the Internet community, 
but because there is absolutely no other entity in any position to 
do anything for us.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Hilights from today's hearing

1999-07-24 Thread Kent Crispin

On Sat, Jul 24, 1999 at 03:32:57PM -0700, Karl Auerbach wrote:
 
  You missed my point, I think.  There is no one else with standing 
  vis a vis NSI to do anything at all about it.  
  
  What about the shareholders?
 
 And remember, even individuals and non-commercial entities can become NSI
 shareholders. It only takes about $75 plus brokerage fees to become a full
 voting member of NSI with rights to attend meetings and bring legal
 actions should the officers or directors behave improperly.
 
   --karl--

Oh.  I see.  The "Internet community" can get their data back by
collectively buying up a majority of the shares in NSI, and forcing
the directors to return it. 

You *are* joking, aren't you?  I hope?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Hilights from today's hearing

1999-07-24 Thread Kent Crispin

On Sat, Jul 24, 1999 at 06:27:08PM -0700, Karl Auerbach wrote:
  Oh.  I see.  The "Internet community" can get their data back by
  collectively buying up a majority of the shares in NSI, and forcing
  the directors to return it. 
  
  You *are* joking, aren't you?  I hope?
 
 What is the joke is that NSI, a private for-profit company, is far more
 open and responsive than is ICANN.

Karl, you are speaking utter nonsense.  One can complain that ICANN 
is not as responsive as a government should be.  But it is sheer 
lunacy to say that NSI's operations come anywhere near the standards 
that have been set for ICANN.

 One can only cry at the fact that ICANN has run up such a dept to Jones
 Day and Mike Robert's family company that future boards will be doing
 nothing but raising funds to pay off the debts incurred by the current
 opaque board.
 
 And what did it take to find out that ICANN is legally insolvent - a
 Congressional hearing!

Actually, it was reported in the media substantially before the
hearing took place.  What is true is that the hearing derailed the
funding plan that was to address the budgetary problems. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Hilights from today's hearing

1999-07-24 Thread Kent Crispin

On Sat, Jul 24, 1999 at 10:54:40PM -0700, Karl Auerbach wrote:
 
Oh.  I see.  The "Internet community" can get their data back by
collectively buying up a majority of the shares in NSI, and forcing
the directors to return it. 

You *are* joking, aren't you?  I hope?
   
   What is the joke is that NSI, a private for-profit company, is far more
   open and responsive than is ICANN.
  
  Karl, you are speaking utter nonsense.  One can complain that ICANN 
  is not as responsive as a government should be.  But it is sheer 
  lunacy to say that NSI's operations come anywhere near the standards 
  that have been set for ICANN.
 
 Utter nonesense?  Not at all.  The word is "truth".

No, it's nonsense.

 Anybody can be a shareholder in NSI.  Presently only corporations and
 organizations have any meaningful role in ICANN or its subsidiary
 structures.

Earth to Karl: You get as many votes in NSI as MONEY CAN BUY. 
*Every* vote in NSI is a BOUGHT vote.  There is no required
representative structure whatsoever.  Furthermore, the only entities
that have meaningful power in NSI are entities that control large
blocks of shares.  That is, you have *precisely* as much power as you
have money. 

I'm glad you have finally revealed to us that this is your 
understanding of democracy.  It explains a lot.

 NSI's shareholders have the legal right to bring actions against the
 officers and directors of NSI for violation of their duties.  ICANN's
 general membership might have such a power, but ICANN is dragging its feet
 in creating such a membership.

Earth to Karl: Everybody who thinks seriously about this realizes
that the representative structure is a very tricky problem. 
Everybody who thinks seriously about this also realizes that ICANN
has very limited resources, and those resources are almost totally
tied up with dealing with the requirements imposed by the MoU with
the USG.  Everybody who thinks seriously about this realizes that 
satisfying the MoU is the prime directive for the ICANN Board.  If 
NTIA says "deal with NSI", ICANN deals with NSI.  If NTIA says "do 
representation", ICANN will do representation.  Without the MoU, 
ICANN is absolutely nothing.

 NSI is obligated to publish many financial reports and other disclosures.

So what?  It's financial reports are only a tiny part of the 
information that would be interesting.  How about it's policy 
making?  How about its dispute procedures?  How about a little 
technical heads up when they jerk around the whois data?  How about 
a little public discussion before they jerk around the Internic site?

 ICANN has not published any financial information.

It put its donations on the web; it is working on financial reports,
and those will be public.  Please bear in mind, once again, that
ICANN has a staff of around half a dozen, and ICANN's priorities are
driven totally by the MoU. 

 The truth of the matter is that NSI, as a private corporation, is far more
 open than ICANN, both in law and in reality.

In certain carefully defined areas NSI must publish information about
itself, because it is a public company.  But we have little or no
information about how it generates its policies or strategies or how
its directors reach decisions or who it pays off or meets with or
anything else about how it conducts its business.  It's a PRIVATE
company. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IDNO-DISCUSS] Re: [IFWP] What I would have said...

1999-07-23 Thread Kent Crispin

On Fri, Jul 23, 1999 at 04:32:58PM -0700, Bill Lovell wrote:
 For the benefit of dumb butt here, what's the IP size of the new IPv6 thing?
 (Did I get that right?)  It's not a "dotted quad," I take it, so what is
 it? And
 its capacity is 2 to the what?

128 bits  vs 32 bits for IPv4.  That's 

340282366920938463463374607431768211456
vs
4294967296

addresses, if I did the arithmetic correctly...

Or 56713727820156410577229101238 addresses for every human on earth,
give or take a few. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Kent Crispin applies for IDNO membership

1999-07-20 Thread Kent Crispin

On Mon, Jul 19, 1999 at 10:58:58PM -0700, William X. Walsh wrote:
 Monday, July 19, 1999, 10:31:38 PM, Kent Crispin [EMAIL PROTECTED] wrote:
 
 
  Yep, I sure did.
 
 OK, then it will get forwarded to the membership committee.  I assure
 you, as I stated before, the committee will consider it on an equal
 basis to every other application.
 
 Including the section about voting members who belong to other
 constituencies.  I believe you are listed as being a member of another
 constituency, are you not?

Nope.  I'm a member of the GA.

 The IDNO welcomes ALL domain name owners who meet the membership
 requirements, in an open and transparent fashion.  Unlike the ICANN
 and the DNSO, we don't consider the position they are likely to take
 with regard to their plans as a factor in membership decisions.

Hahahahahahahahaha

 Are you sure you want to become a member, Kent-- having to agree to that
 offensive "loyalty oath" that reads: " I support the principles and mission
 statement of the IDNO constituency." ??
 
 No, I don't agree to that offensive loyalty oath.  I simply ignored it.
 
 So you do not support the principles of an Individuals Constituency in
 the DNSO?

You *just* said, above

  ...we don't consider the position they are likely to take
 with regard to their plans as a factor in membership decisions.

And here you are considering it, aren't you?

Your questions about what I support and don't support are irrelevant
and offensive. 

 Then you must of made a mistake in asking for membership in a group
 you don't think should exist.
 
 It is reasonable (and indeed approved by our membership) that members
 should support the concept of an Individuals Constituency in the DNSO.

Nope.  It's not.  No other constituency has such a requirement for 
membership.

  As anybody can see, this is the first move in a PAB takeover of the
  IDNO.  ;-)
 
 No, I don't see it that way at all. If you had not made the one
 statement above about not supporting the concepts of an IDNO within
 the DNSO, and provided you are not a voting member, or control a
 voting member of another constituency (per our rules) then I'd say
 there was no question about your membership.  These are the EXACT same
 rules all members are required to meet.  The same way the NCDNHC is
 making rules about who can and cannot be a member, and the same way
 the ISP constituency set standards defining the qualifications of an
 ISP to join.

None of them have loyalty oaths.

 This is totally in line with the ICANN dictates over constituency self
 organization.

I don't think so.

  I didn't expect any better of you...
 
 Expect what?  That we make an exception to our standing rules, applied
 in a consistent and fair, and open, manner just because you have some
 "celebrity" effect in that your request for membership is being made
 so public?
 
 I would think that our applying the same standards no matter what
 shows that the IDNO has the consistency and strength. 

Sort of like the KKK.

 The "weak"
 thing to do would be to approve your membership simply because denying
 it might create controversy.

Go for it.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Voter authentication

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 09:40:04PM +1200, Joop Teernstra wrote:
[...]
 
 Kent, expertise in Network security does not translate in expertise in
 political manipulations with real human beings, ballot stuffing, vote
 buying and other forms of electoral cheating that generally comes from the
 top down.

Agreed.  Incidentally, I signed up to be a member of IDNO a couple 
of days ago.  How come I haven't been allowed in?

 I have told you once on the IDNO list why I am motivated to do all this.  
 In  my eyes your objections that the IDNO polling system is not secure are
 a smokescreen. The voting system allows us to take democratic decisions, on
 line, without expensive f2f meetings. This has enormous value.
 The integrity of the system is far less important than the integrity of the
 people.

Double agreed.  Precisely the problem in the IDNO case, I'm afraid,
from my point of view -- your heavy-handed, "top down" manipulations
destroyed any confidence in the integrity of the process that I might
have had.  And indeed, your manipulations were exactly the "political
manipulations with real human beings, ballot stuffing, vote buying
and other forms of electoral cheating" that you warn against, except 
on a slightly more subtle level.  The fact that you don't see that 
is the most troubling thing of all.

 I also think that in case the entity running the election is not trusted by
 its voters, there *is* an easy way to verify election results, and it has
 nothing to do with system security or detecting Trojan software.
 
 Assuming that there is no question about the authenticity of the voters,
 the voting website could be duplicated , or even triplicated at several
 trusted third-party locations.

That's a good idea.  Right now the IDNO voting software is *not*
being run by a trusted third party at all -- it is being run by a
partisan to the debates.

 The voters will be asked to vote at both sites. If there is no difference
 in voting results, you can assume that no tampering has taken place.  In
 case there would be a significant difference (people may change their vote
 or make mistakes, but this should not be significant) then you declare the
 election void and let them vote again at yet another site.
 
 Sure, all sites could be tampered with at the same time.

Unlikely, of course, unless the software was defective to begin with.

 When elections
 would be repeated every three months, you would wonder if a tampering
 effort would not be mainly directed at sabotage, rather than gaining office.

 You deal in "security" and I tell you that *all* security is an illusion. 
  Is that an argument against using the Net for cheap and often repeatable
 voting? 

Of course not.  As I said, PAB *has* a voting system, *and* it is secure. 

But given your heavy-handed attempts to manipulate things, I don't
trust *you* to run the polling booth, unless I can see every ballot. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] How to use new domains

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 07:51:40AM -0700, Bill Lovell wrote:
[...]
 Stuff it.  There are those in this group who contribute with good
 will and seek to "contribute"; there are those who posture and
 pose.
 
 Bill Lovell

We all do a combination of both, Bill, you included.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Voter authentication

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 10:33:50AM -0500, Weisberg wrote:
 Kent Crispin wrote:
 
   Assuming that there is no question about the authenticity of the voters,
   the voting website could be duplicated , or even triplicated at several
   trusted third-party locations.
 
  That's a good idea.  Right now the IDNO voting software is *not*
  being run by a trusted third party at all -- it is being run by a
  partisan to the debates.
 
 
 Please expand upon these two issues (including proposed implementation):
 
 1.  Use of "trusted third parties;" and

I would rather not depend on TTPs at all.  

Froomkin suggests a large law or accounting firm, the American
Arbitration Association has been suggested by others.  Suggestions
like these completely miss the point, in my view, which is that in
fact, there are *no* trusted third parties.  I will put up with a
large law firm or the AAA if it is forced on me.  That doesn't mean I
trust them; it means it was forced on me.  

The suggestions made are clearly come from a "first-world", large
business mindset. 

That is, Froomkin is very familiar with those large names, but in
fact I'm not -- big law firms are not my daily fare, and, while I am
more familiar with large accounting firms, I also know that they
occasionally get sued for screwing up.  And frankly, I never heard of
the AAA until someone mentioned them on these lists. 

Someone otherwise like me, but from Latin America, is even less
likely to know those names.  Thus, we are requiring the person from
LA to trust *us* to make that choice.  But from the perspective of
the person in LA, WE ARE PARTISANS, and we are simply forcing our
choice on them.  They have absolutely no reason to believe that a 
large law firm headquartered in the US is above, say, resisting 
pressure from the USG.

To put it more simply, what makes a TTP is that people *trust* them, 
not that we are assured by an authority that they are trustworthy.  
And, in our present circumstance, there is no TTP available.

 2.  Use of multiple vote counting sites.

This is actually completely different than the TTP approach.  Using
multiple sites involves a "distributed trust" model -- none of the
individual sites is trusted, but as long as the probability of
trustworthy behavior is independent, and greater than 50%, this
scheme can achieve high trustworthiness.  As described, it is 
subject to denial of service abuses, but those could be rectified.

By far the best voting protocol is open roll-call voting -- it is
simple, even trivial, to implement, and it requires no TTP.  A
suggestion was made back on the MAC list for a simple modification
that could give privacy to those who wanted it.  I would like to 
explore that further:

The essential character of a open roll-call vote (I have been using that 
term, there may be a better one) is that the ballots are published.  
Every vote is on the public record; every voter sees every other 
voter's votes.  There is no possibility of a fraudulent count.

The suggestion made on the MAC was that the election authority 
provide a private alias to each voter, and that the published tally 
would list the aliases, not the actual name of the voter.

This is not a secret ballot, and it doesn't deal with some of the
abuses that secret ballots address (you can still sell your vote and
verify that you kept your side of the bargain).  But it may be
adequate for our purposes, or there may be a way to strengthen it. 
[Note that you can always sell your vote and prove you kept your
bargain by having the buyer watch you vote.  The issue is
convenience, not possibility.]









 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Voter authentication

1999-07-19 Thread Kent Crispin

On Sun, Jul 18, 1999 at 07:16:28PM -0700, Mark C. Langston wrote:
[...]
 So forget it.  The election operator can run any code whatsoever, and
 you have no way of preventing it unless you watch him all the time,
 and even there you can't *really* prevent it.  Crypto is basically
 irrelevant to this problem.  [Caveat: it would certainly be possible
 to develop a crypto based voting protocol that required deployment of
 a key infrastructure and appropriate client utilities.  This is,
 however, is a completely different matter than certifying a program,
 and has serious implications in terms of practicality and usability.]
 
 
 This is a little far-fetched Kent.  First of all, it does NOT happen
 "ALL THE TIME, IN THE REAL WORLD."  And if you'd like to debate this
 particular point, feel free.  I'll start by referring you to things
 like the USENIX Security Conference proceedings, and work from there.

Let's work from practical experience and practical reality, OK?

Songbird gets from 5-10 clearly security significant probes a week. 
By that I mean a full scan of my network to a particular port known
to be associated with a vulnerability, or something of similar
obviousness.

This morning shortly after midnight, for example, I got a scan
directed to the IMAP port, coming from an unregistered IP address,
which, by the traceroute, came from Korea.  When time permits, and
when it is practical, I track down the contacts for the source of
such probes, and send them email.  I won't do this with the Korean
probe, because, from prior experience, finding a contact in Korea has
not been easy.  I have, however, communicated with sys admins all
over the world under similar circumstances. 

Around 30-50% of the time I get a reply, thanking me for letting them
know that their system had been hacked.  In other words, they DIDN'T
KNOW THEY HAD BEEN COMPROMISED UNTIL SOMEONE ON THE OUTSIDE LET THEM
KNOW.  

[Sometimes I find a real hacker, instead of a hapless victim -- for a
couple of interesting days I played tag with a hacker in Germany --
he left his ftp open, and I scarfed up a whole suite of hacker tools
:-), which annoyed him.  I got ankle-biting email from random hacked
sources for a few days.]

All this is at Songbird, an absolutely insignificant atoll in the
network sea.  My day job exposes me to an entirely different level of
attacks.  The detection tools are much more sophisticated, it is
true, but the target is much larger and more interesting.

It would not be too much of an exaggeration to say that we are under
continuous attack, from multiple sources.  We don't send friendly
emails to the contacts, though, because there simply isn't time.  

 I might not be employed currently in a computer-security capacity, but
 I can assure I know enough to call shenanigans on that particular
 claim.

I'm reassured.

 If you want to push this point further, I can put you in touch
 with, say, folks at NAI, folks working tiger teams on the east coast,
 etc. for real-world data.

I would be interested in any real data you could provide.

 Hell, I could probably dig up some of the
 better-known purveyors of these attacks and get them to give you a
 feel for how often this happens.

I have a pretty good feel for how often this happens, from first hand 
direct experience.

 However, unless you want to move
 this conversation over to Bugtraq, I don't recommend you push this
 FUD further.

Marcus Ranum's firewall-wizards list would be a better place. 
Doubtless you could comment on the long recent "OK, I've been hacked,
now what?" thread?

 Secondly, most of your scenario above assumes zero trust of the person
 running the elections.  I will state right now that, unless there is a
 trusted third-party that can run the elections (If you'll recall, I've
 already asked that this happen, to no avail), SOMEONE is going to come
 up with this argument.  It's a straw man.  No matter what you do, the
 above will always be a valid argument from someone's point of view,
 because there will always be an "evil sorcerer" sitting behind the
 curtain, pulling the strings, manipulating reality.  For further
 reference, see Descartes.

I'd love to -- could you give me a specific reference, please?

  At some point, you must draw the line and
 place some initial faith in the person running the system, and the
 system itself.

As I have pointed out in other email, there are voting systems that do not
require TTPs.

[...]

 Now, if you'd like to debate security matters in a more realistic 
 world, I'm more than willing.

I'm sure you are.  But I don't want to waste *your* time.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Voter authentication

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 12:28:17PM -0700, Mark C. Langston wrote:
 I'm sure you are.  But I don't want to waste *your* time.
 
 C'mon, Kent.  Waste some of my time.

That was my polite way of saying that I don't want to waste *my*
time. Clearly, I have already wasted too much. :-)

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Voter authentication

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 01:39:54PM -0400, Michael Froomkin - U.Miami School of Law 
wrote:
 Kent Crispin suggests that (1) he doesn't know/trust the groups I am
 likely to know/trust; (2) many fourth and fifth parties have trust metrics
 that have no overlap with either of us, and implies (3) that only a group
 with total or at least enormously wide pre-existing trust can be a TTP in
 this context.

[...]

 There are transnational professional associations, internationally known
 universities (I bet Oslo would be trusted by many), foundations, and more.
 
 Another type of candidate is -- brace yourself -- international law firms.

Of course.  I think Jones Day would be an excellent choice, don't you?
:-)

 This is not all that hard problem to solve if and when it becomes
 essential.

Ah -- the "argument from authority", and a mystic wave of the hands.  
One of the signature problems in the DNS wars has been the 
monumental level of distrust.  I don't think the problem is easily 
solved.

Certainly, a solution can be mandated, and probably people will come
to live with it.  But I vastly prefer solutions that doen't depend on
trusted third parties to begin with. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] ICANN's Internet Community - Fact and Fancy

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 10:02:01PM -0400, Gene Marsh wrote:
 It is interesting, is it not, that the messages I forwarded to the list
 never appeared there.

It rejects cross-postings.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Voter authentication

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 10:42:15PM -0500, Weisberg wrote:
 K. Crispen wrote:
 
  ...I vastly prefer solutions that don't depend on trusted third parties to begin 
with.
 
 How do you think we should do it?

We should use open roll-call voting, as I have described several times.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] ICANN's Internet Community - Fact and Fancy

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 11:37:22PM -0400, Richard J. Sexton wrote:
 At 07:05 PM 7/19/99 -0700, you wrote:
 On Mon, Jul 19, 1999 at 10:02:01PM -0400, Gene Marsh wrote:
  It is interesting, is it not, that the messages I forwarded to the list
  never appeared there.
 
 It rejects cross-postings.
 
 Since when ?

Sorry, I should have been more precise.  From the signup page:

  Please note that the comments received at [EMAIL PROTECTED] will
  only include those directly addressed to [EMAIL PROTECTED], and
  not those copied to [EMAIL PROTECTED]

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] ICANN's Internet Community - Fact and Fancy

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 11:48:45PM -0400, Richard J. Sexton wrote:
 At 11:35 PM 7/19/99 -0400, you wrote:
 Richard,
 
 All of the TLDA postings, all of the Tom Bliley messages, all of the Esther
 Dyson messages, all the messages to James Love, all the messages to Rep.
 Tom Sawyer (my representative), and more.  None of them are there.
 
 Somboy noticed recently that unless the icann address is in the
 to line, it black holes the mail.

Yes, just precisely as it says on

 http://www.icann.org/feedback.html

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Kent Crispin applies for IDNO membership

1999-07-19 Thread Kent Crispin

On Tue, Jul 20, 1999 at 04:00:30PM +1200, Joop Teernstra wrote:
 Kent Crispin wrote:
 
 
 
 Agreed.  Incidentally, I signed up to be a member of IDNO a couple 
 of days ago.  How come I haven't been allowed in?
 
 This is news to me. Headline news actually.
 Are you sure?  Did you apply through the website?

Yep, I sure did.

 That gets passed on to the elected membership committee and I think I would
 have heard about it.

Oh, I'm sure of it.

 Are you sure you want to become a member, Kent-- having to agree to that
 offensive "loyalty oath" that reads: " I support the principles and mission
 statement of the IDNO constituency." ??

No, I don't agree to that offensive loyalty oath.  I simply ignored it.

 What does this mean for the whole stakeholder constituency idea, if the PAB
 chair, an active member of an registry organization that has been seeking
 representation in most other constituencies of the DNSO , can also demand
 entry in an organization that is organized around principles that are
 almost the antithesis of what he stands for?

As anybody can see, this is the first move in a PAB takeover of the 
IDNO.  ;-)

 Is this serious?
 Are you aware that the IDNO membership rules (now approved by the whole
 membership) would ask you to choose for which constituency you will sit on
 the NC or control somebody else's vote there?
 Are you just doing this to embroil the IDNO in further controversy prior to
 the ICANN decision in Santiago, or is this a signal of peace and will we
 see that you will actually support our application as a constituency of the
 DNSO?
 
 I think the membership committee has the right to defer such a membership
 application,

I didn't expect any better of you...

 in view of its extraordinary character, pending answers to the
 above  fundamental questions about your intent, the PAB's intent and
 CORE's intent before referring the ultimate decision to the entire membership.
 (in the most democratic fashion)

Actually, my intent is absolutely none of your business.  I am a
completely legitimate individual domain name holder.  That's all you
need to know.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Voter authentication

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 01:39:54PM -0400, Michael Froomkin - U.Miami School of Law 
wrote:
 Kent Crispin suggests that (1) he doesn't know/trust the groups I am
 likely to know/trust; (2) many fourth and fifth parties have trust metrics
 that have no overlap with either of us, and implies (3) that only a group
 with total or at least enormously wide pre-existing trust can be a TTP in
 this context.

[...]

 There are transnational professional associations, internationally known
 universities (I bet Oslo would be trusted by many), foundations, and more.
 
 Another type of candidate is -- brace yourself -- international law firms.

Of course.  I think Jones Day would be an excellent choice, don't you?
:-)

 This is not all that hard problem to solve if and when it becomes
 essential.

Ah -- the "argument from authority", and a mystic wave of the hands.  
One of the signature problems in the DNS wars has been the 
monumental level of distrust.  I don't think the problem is easily 
solved.

Certainly, a solution can be mandated, and probably people will come
to live with it.  But I vastly prefer solutions that doen't depend on
trusted third parties to begin with. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] ICANN's Internet Community - Fact and Fancy

1999-07-19 Thread Kent Crispin

On Mon, Jul 19, 1999 at 10:02:01PM -0400, Gene Marsh wrote:
 It is interesting, is it not, that the messages I forwarded to the list
 never appeared there.

It rejects cross-postings.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Voter authentication

1999-07-18 Thread Kent Crispin

On Sun, Jul 18, 1999 at 02:23:50PM -0400, Michael Froomkin - U.Miami School of Law 
wrote:
 Now, crypto happens to be something I know a little
 about ( http://www.law.miami.edu/~froomkin/#crypto )

Very impressive.  However, crypto and network security are two very 
different, though related subjects, and expertise in one does not 
translate into expertise in another.  Security makes use of crypto, 
but it is a very practically orientd use, not an academic one.

In any case, thank you for the opportunity to be gracious.  I will
try not to blow it :-)

 On Sun, 18 Jul 1999, Kent Crispin wrote:
  
  Peer review of the code doesn't do the job at all, unfortunately. 
  How do you know that the reviewed code is in fact the code being
 
 I agree that in a perfect world the system should be reistant to this.  
 As an interim issue, it seems fairly low on the list of priorities.  Are
 you seriously suggesting that there is a real risk of this fraud?  

Yes.  The problem is that it is *very* easy to do, and it can be done
at any time, and in many circumstances, as I describe below, it can
be done little fear of detection or punishment.

 In any case, proving that the code offered to the referee is the same as
 the running code is trivially easy: you compile it, and hash the two
 programs, and bit-compare them, or compare hashes.  (Of course you have to
 use the exact same compiler and OS).  Ditigally sign every step for
 long-run ease of comparison.

I must not have been clear -- apparently you completely misunderstand
the problem.  There is no necessary relationship between a particular
executable file on disk, and a program running in a computers memory,
period.  

More concretely: The auditors come, examine the code, certify it, and
leave.  A *different* program starts up the minute they walk out
the door, a program derived from the certified one, and that as far
as the external network connection to the rest of the world behaves
identically.  But it actually does a whole lot of other stuff, in
addition.  When the auditors come back, they find the same certified
code sitting on Joops disk, unmodified.  But unless they are logged
on locally, and monitoring in real time, they can't verify that the
program that is running, and providing service to the outside world,
is the one they certified.

Furthermore, the trojaned version will externally act identically to 
the certified one, so no one, an auditor or a normal voter, could 
ever tell the difference externally.

In fact, even if you *are* sitting there, monitoring in real time,
you can't really be sure.  It would be perfectly possible to have a
trojaned shell that ran "election_code_subverted" whenever you
specified "election_code_verified" on the command line, for example. 

This may seem far fetched to the inexperienced, but this kind of
thing REALLY DOES HAPPEN, ALL THE TIME, IN THE REAL WORLD.  There are
nicely packaged hacker toolkits, commonly available, that replace the
system utilities that would normally reveal their presense, and it 
takes no particular intelligence or expertise to run them.

So forget it.  The election operator can run any code whatsoever, and
you have no way of preventing it unless you watch him all the time,
and even there you can't *really* prevent it.  Crypto is basically
irrelevant to this problem.  [Caveat: it would certainly be possible
to develop a crypto based voting protocol that required deployment of
a key infrastructure and appropriate client utilities.  This is,
however, is a completely different matter than certifying a program,
and has serious implications in terms of practicality and usability.]

  used? How do you know that Joop doesn't go in and manually change the
  logs and the results?  Or an employee of his?
  
 
 This is also trivally easy to prevent: escrow copy of the ballots as they
 come in (hold for a period of time, then destroy).

Uhm.  Sorry.  How does an external party know that the ballots have 
not been changed *before* they have been escrowed?  If we deploy a 
cryptographic infrastructure so that the ballots themselves were 
signed by the individual voter, you might have a point, but that is 
not contemplated, and it would be a rather complex undertaking.

  A review of the system could build *some* confidence that a hacker
  couldn't break in and change things.  That is actually pretty far 
  down on my list of concerns, though.
  
  The basic problem is this:  barring complex and totally unrealistic 
  cryptographic protocols, there is no way to do a secret ballot 
  election without a Trusted Third Party.  How do you find a TTP for
  the highly contentious international arena we are playing in?  
 
 Easy.  Real easy.  Ethan Katsh, or Phil Agre, or some large law or
 accounting firm that holds it pro bono.  So long as all they do is hold
 the data, pending challenges, it won't cost them much.

As pointed out above, it is the agency doing the election that must 
be

Re: [IFWP] Why fail on purpose

1999-07-17 Thread Kent Crispin

On Sat, Jul 17, 1999 at 08:14:55PM +1200, Joop Teernstra wrote:
 Roberto and all,
 
 The IDNO constituency will prove to you and to ICANN that Tony is right. 
 Voting is now underway for a 21 member steering committee for the IDNO.

OTOH, you railroaded David Crocker, Kevin Connolly, and I out of the
group, and there is a clear systematic anti-ICANN bias in the IDNO. 

 This has been a volunteer effort of programming, website building and
 listserv discussion.
 Voters' fraud from different e-mail addresses is precluded by the software.
 (every voter gets a unique password) 

OK.  Good.  I will be kent1@hotmail -- kent9@hotmail, all 
generated by software, all having different passwords, all voting my 
way.  

Password protection is amazingly naive.

 On top of that it is very easy to analyze web logs for any possible
 irregularity.
 For a few thousand votes you do not need more than this.

For a few thousand votes when large amounts of money may be at 
stake, you do need more than this.

 We have Diane Cabell and Simson Garfinkel as observers.
 Even ICANN could decide to use this voting site. 
 
 Of course agonizing about cost, voters' fraud etc.has its own 
 attractions. 

And glossing over the issues has its attractions, as well.

 I am offering  use of the site for the equivalent of the cost of my
 attending the Singapore, Berlin and Santiago meetings. 
 Sounds fair? 

I'll offer the same thing for lower cost, on my servers, and I will
throw in some security expertise as well.  Sound fair?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IDNO-DISCUSS] Re: [IFWP] Why fail on purpose

1999-07-17 Thread Kent Crispin

On Sun, Jul 18, 1999 at 06:07:02AM +1200, Andy Gardner wrote:
 OTOH, you railroaded David Crocker, Kevin Connolly, and I out of the
 group, and there is a clear systematic anti-ICANN bias in the IDNO.
 
 ICANN - that's the supposed "open" organisation that is blocking the
 recognition of IDNO?

I know it is hard for you to realize this, but the world doesn't 
revolve around IDNO.  ICANN actually has a lot of other stuff to 
worry about, and very limited resources with which to deal with 
them.

[...]
 OK.  Good.  I will be kent1@hotmail -- kent9@hotmail, all
 generated by software, all having different passwords, all voting my
 way.
 
 Password protection is amazingly naive.
 
 You haven't done your homework. Memebers are assigned a password by the
 system, not the other way around. You can set up as many e-mail address as
 you want, but you'd only have one that was issued a password.

Andy, thanks for making my point...
[...]
 
 I'll offer the same thing for lower cost, on my servers, and I will
 throw in some security expertise as well.  Sound fair?
 
 Go for it. You didn't understand how the password system works on the IDNO
 voting site

Gosh, I thought I did.  I went to the site, and I didn't see anything
novel there.  I understand how password systems in general work, and
I know their intrinsic limitations.  Perhaps you could explain to me
how this one is different?

 so I don't hold up hope that you have the ability to put
 together anything better, or have the prerequisite expertise to do it.
 
 Stick to your day job.

Security is my day job.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Why fail on purpose?

1999-07-17 Thread Kent Crispin

On Sat, Jul 17, 1999 at 03:55:44PM -0400, Gene Marsh wrote:
 At 09:24 AM 7/17/99 -0400, you wrote:
 My point is only that the elections were to be at the highest level of
 priority,

There are clearly other, higher, priorities.  The White Paper, the 
Green Paper, the MoU with NTIA all quite clearly state that the 
stability of the Internet is the highest priority of all, etc.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IDNO-DISCUSS] Re: [IFWP] Why fail on purpose

1999-07-17 Thread Kent Crispin

On Sat, Jul 17, 1999 at 12:07:29PM -0700, Kent Crispin wrote:
 [...]
  OK.  Good.  I will be kent1@hotmail -- kent9@hotmail, all
  generated by software, all having different passwords, all voting my
  way.
  
  Password protection is amazingly naive.
  
  You haven't done your homework. Memebers are assigned a password by the
  system, not the other way around. You can set up as many e-mail address as
  you want, but you'd only have one that was issued a password.
 
 Andy, thanks for making my point...

On a second reading, I realize this is simply too cryptic.

Joop's statement about passwords was naive, because a fraudulent
voter *with* a password is no better than a fraudulent voter
*without* a password.  The primary problem remains, as Diane pointed
out, authenticating the voters in the first place. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: Re[2]: [IDNO-DISCUSS] Re: [IFWP] Why fail on purpose

1999-07-17 Thread Kent Crispin

On Sat, Jul 17, 1999 at 04:18:34PM -0700, Roeland M.J. Meyer wrote:
[...]

 Kent has always believed that a voting system was against his interests
 and works to discredit them at every turn and opportunity. There is no
 way you can convince him not to, because it really IS against his best
 interest for them to exist and become effective. Remember, his
 affiliation has made great grounds by claiming rough consensus when
 there isn't any. A working voting system would undercut their claims.

Actually, we had a working voting system long ago.

See http://songbird.com/pab/voting.html for a description of the PAB 
voting procedure.  Probably predates Joop's site, actually.

I should point out that the authentication of email addresses for 
PAB was done through the collection of signatures by the ITU.  This 
was not a foolproof method, of course, but not bad.

 One of the reasons I am in the IDNO is BECAUSE of the voting system. It
 is the only organization that has such a system, outside of the ISOC
 (and the ISOC system is only used once a year).

Actually, I saw several voting systems on the web when I researched 
this a while ago.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Multiple roots...

1999-07-15 Thread Kent Crispin

On Thu, Jul 15, 1999 at 09:13:36AM -0400, Rob Raisch wrote:
 [EMAIL PROTECTED] wrote:
  One of the problems with "realnames" is that is not a replacement for DNS,
  but only an "enhancement" to search engines.  Realnames does not route
  mail, or enable other tcp/ip connections other than web (http).
  (for the sake of relevance to this thread, I will not discuss the myriad
  of other problems with realnames).
 
 Of course RealNames is not a replacement for DNS and I did not mean to imply
 that it was.
 
 However, Centraal, by virtue of their bottom-up, consumer-value approach has
 created the closest thing we have yet seen to a replacement and this is a
 very important lesson we should all heed.

I'm not sure that it is relevant to the DNS, though.  DNS has a
different, more technically oriented function.  The lack of a
directory service, and the problems with people trying to force DNS
into the role of a directory service, have been debated for years in
the IETF. 

People tend to forget the technical orientation of DNS, but by far the 
greatest number of dns names in use are internal, ISP oriented names like
d120.dlls.tx.onramp.net.

It is also widely understood in IETF circles that IPv6, with its very
very large numeric addresses, will make such technically oriented use
of DNS necessary -- nowadays it's relatively easy to remember an IP
address, and indeed many domain names are longer than their
corresponding IP address.  But in an IPv6 world it will become
extremely difficult to use IP addresses. 

Another consideration in the move to IPv6, incidentally, is that
there will be billions of billions of billions more addresses than in
IPv4.  When you add low-power wireless chips like Bluetooth to the
mix, you have an environment where it is practical to control
stoplights via the internet -- every lampost in a city could have its
own IP address, and a corresponding domain name.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IDNO-DISCUSS] Re: [IFWP] Re: Rule of law vs. consensus

1999-07-11 Thread Kent Crispin

Dthreennis wrote, on: Sat, 10 Jul 1999 05:44:03 -0700 (PDT):

Hi Kent

Re your comment to Jon Zittrain:

ICANN is a corporation, it is not a government.  It has, or will
have, contractual relationships with other corporations and
organizations.  Corporations are bound by the law, like all other
persons, real or fictitious.

There are other international corporations that exert significant
control over other entities through contracts; we don't speak of
their bylaws as a "constitution".

ICANN may be a corporation, but it was created by government,
endowed with taxpayer resources, and charged to carry out a governmental
function.

Correction: it was charged to carry out a private function.  That's 
the whole point.

At best, ICANN is merely -- and temporarily -- a government =
contractor assigned the task
of privatising governmental resources and functions. At worst, it is a =
thinly disguised government
agency that has reinvented itself as a "business."  Nevertheless,  its =
long-term goal is to someday
become a private entity carrying out a private function.

It *is* a private entity.

For so long as it is a government contractor, it functions as the  govern=
ment
whenever it engages in any action mandated by government which affects =
the
constitutional rights of citizens.
  Even its non-mandated actions may ass=
ume the
proportions of state action if it exerts monopolistic control over some =
aspect of life in the manner of
a government.

As long as it is still a government creation, still carrying out a functi=
on that
has not been privatised, its actions are subject to constitutional scruti=
ny and total
governmental oversight.  So the task of amending its by-laws is, at prese=
nt, a public, not a private,
matter.

According to that same reasoning, therefore, amendment of NSI's 
bylaws by NSI is a public, not a private, matter.  Boeing is a gigantic 
amends its bylaws, it's a public matter -- Boeing is a gigantic 
corporation, with big big defense contracts with the USG, and it's 
inconceivable that its contracts don't have *some* potential effect 
on the constitutional rights of citizens.  In fact, carried to its 
absurd conclusion, every defense contractor would be required to 
subject bylaw changes to public scrutiny -- there is no way of 
knowing what change might or might not impact "constitutional rights"...

That is, you are simply incorrect.  *No* contractor is required to
make its bylaw changes a public matter, just because it has a
contract with the government.  It is conceivable that a contractor
might sign a contract with the USG that required its bylaws to be
public processes, but I have never heard of that being done, and
ICANN has not done this.  Instead, the MoU speaks of a "joint DNS 
project" where the USG and ICANN will jointly develop policy-making 
procedures.  Either party could drop out of that MoU without penalty 
-- such a breakdown would mean the end of the project, which in fact 
neither party wants.

It is too bad the Board keeps falling into thinking that it is a private =
company already, and
therefore free to do whatever it wishes.

In fact, ICANN *is* at this very moment a private corp, and it can
indeed do what it wishes -- as a private corporation it can do
anything it damn well pleases, within the constraints of the law, the
contracts it has actually signed, and what it can talk people into. 
The directors could throw away the bylaws and start again from
scratch.  They could drop the MoU with the USG and go into the real
estate business. 

But in fact what they will do is continue the joint DNS project with 
the USG to come up with a sound policy-making process for DNS.  
There is nothing written in the MoU, though, that says that the 
current bylaws are gospel or a "constitution", or anything.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IDNO-DISCUSS] Re: [IFWP] Re: Rule of law vs. consensus

1999-07-11 Thread Kent Crispin

On Sun, Jul 11, 1999 at 09:10:13AM +, William X. Walsh wrote:
[...]
 But in fact what they will do is continue the joint DNS project with 
 the USG to come up with a sound policy-making process for DNS.  
 There is nothing written in the MoU, though, that says that the 
 current bylaws are gospel or a "constitution", or anything.
 
 Kent, 
 
 This is not exactly true.  These agreements are being entered into on
 the basis of these bylaws.

The semantic fuzz of natural language guarantees as a matter of
principle that nothing is "exactly" true.  I'm not even sure what
you mean by "exactly true".  However, what I said is *very close* to
exactly true. 

 It was only when the bylaws were acceptable did the USG enter into the
 MoU.  Its bylaws MUST continue to be acceptable and represent a broad
 consensus or it is operating outside those agreements AND its charter.

There is a small flaw in your statement.  Let me rewrite it so it is
accurate:

  It was only when the bylaws were acceptable to the USG did the USG
  enter into the MoU.  Its bylaws must continue to be acceptable to
  the USG for the MoU to remain in force. 

That is, it is the USG, in the office of the NTIA, that decides what
"acceptable" means.

In any case, I was responding to Dthreennis' weird statement that
ICANN was not yet a private corporation., and before that to Jon 
Zittrain's comment that the bylaws were a "constitution".  I am very 
concerned that metaphors like that are quite conterproductive, and 
server to fan flames that should go out.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Rule of law vs. consensus

1999-07-10 Thread Kent Crispin

On Sat, Jul 10, 1999 at 05:34:59PM -0400, Gene Marsh wrote:
 At 02:05 PM 7/10/99 -0700, you wrote:
  there are circa 240 top level domains. and inlcuding many 
  not in the current rootservers.
 
 If they are not in the current root servers, they are not top level 
 domains.  They are private domains.
 
 Not true.  A top level domain is a functional level of the DNS.

Fine.  If that is the case then the number of top level domains
numbers in the thousands or the hundreds of thousands, and the term
as Gordon used it is mostly meaningless.  Most private networks have
top level domains. 

   ICANN has ar ticially and narrowly 
  defined this one such that NSI is the only qualified constituent.
 
 Nonsense.  There is an entire ccTLD constituency.
 
 
 Yes, but the ccTLD Constituency is NOT included in the gTLD Registry
 constituency.  

Yes, you are right.  I misread it.  The proper response would have 
been "Eh".

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] RE: who tells the quill holder what to write?

1999-07-10 Thread Kent Crispin

On Sun, Jul 11, 1999 at 12:26:19AM +, William X. Walsh wrote:
[...]
 A registry is no more a monopoly than a car manufacturer is Kent.

There is no lock-in involved with cars -- if I don't like my toyata,
I can get a honda or a ford, for just the cost of a new car. 
Changing cars doesn't involve significant switching cost.  Changing
domains involves huge switching costs -- amazon.com is embedded in
hundreds of thousands of urls, it is loaded in search engines, etc
etc.  If amazon.com did not resolve for even a few days the damage to
amazon would be catastrophic, perhaps fatal.  "amazon.com" is worth
millions to amazon, but almost nothing to the registry.  Even in the
case of songbird, the world's smallest web business, the value of the
domain name far exceeds the cost of maintaining it. 

That's not like a car manufacturer.  It's a monopoly.

 Provided there are no artificial limits placed on the number of
 registries and the models underwhich they operate.

The lock-in effect is not materially eased by having a wide choice 
of TLDs available to switch to.  There could be a thousand 
alternatives to .com -- if anything, that would only make amazon's 
problem worse -- if .biz were the only alternative, at least people 
could guess the new URL.

In other words, for a $35 commodity you get a lock-in effect similar 
in magnitude to real estate, which is orders of magnitude more costly.

The fact is, a TLD is a monopoly, regardless of how many TLDs there 
are.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Rule of law vs. consensus

1999-07-10 Thread Kent Crispin

On Sat, Jul 10, 1999 at 10:12:51PM -0400, Ronda Hauben wrote:
 
 Can you clarify what you meant by saying there are 
 "international corporations"?

Shorthand for "corporations that do business internationally".  They 
may or may not be multinational corporations.  An american 
corporation can have a contract with a British corporation without 
being a multinational.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] RE: who tells the quill holder what to write?

1999-07-09 Thread Kent Crispin

On Fri, Jul 09, 1999 at 09:29:28AM -0400, Jon Zittrain wrote:
 Sounds fine to me.  The only wrinkle is that T0.  amazon.com already 
 *has* amazon.com.  brand interests are already vested.  Can you imagine if 
 1-800-FLOWERS were told, "Gee, sorry, you have to pay us "800 registry" 
 people $50,000 renewal this year"?  It would be small solace that they 
 could move to 1-877-FLOWERS instead, where the 877 registry people do 
 twenty year deals.  I still wonder why the names should be in perpetuity, 
 anyway--buy instead of lease, perhaps only subject to actual continuing use.

There is a more fundamental problem with the "20 year deals", or any 
similar scheme: a creative monopolist can always find ways to get 
around them.  "Oh we are so sorry that our old server is only 
capable of handling 20 hits a minute.  You need to upgrade to our 
new, premium plan..."  A 20 year contract is a bandaid to cover a 
particular abuse, but we can't possibly think of all possible ways a 
monopolist could exploit their position.  You need to deal with the 
root cause, the monopoly.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] RE: who tells the quill holder what to write?

1999-07-09 Thread Kent Crispin

On Fri, Jul 09, 1999 at 09:13:49AM -0700, Christopher Ambler wrote:
  There is a more fundamental problem with the "20 year deals", or any 
  similar scheme: a creative monopolist can always find ways to get 
  around them.  "Oh we are so sorry that our old server is only 
  capable of handling 20 hits a minute.  You need to upgrade to our 
  new, premium plan..."  A 20 year contract is a bandaid to cover a 
  particular abuse, but we can't possibly think of all possible ways a 
  monopolist could exploit their position.  You need to deal with the 
  root cause, the monopoly.
 
 Even a non-profit can do this.

I'm glad you realize the problem.

But of course, with a non-profit the incentive is much, *much* less,
especially if it is a community controlled non-profit such as ICANN. 
With a for-profit the incentive for creative thinking is orders of
magnitude greater.  And we have all seen just how creative NSI can
be... 

 If it's how you do business, fine. It's not how I do business.

In fact, every indication is that you are only in this for the
possibility of monopoly profits.

And even if both you and I were absolutely pure at heart, I would
rather that neither of us had the opportunity to become corrupted. 


-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] a post-ICANN world

1999-07-08 Thread Kent Crispin

On Thu, Jul 08, 1999 at 09:07:26PM -0400, A.M. Rutkowski wrote:
 
 These would seem to include:
 
 1) funding someone part time at ISI or CNRI
 to maintain the protocol registry files.
 
 2) some coordination mechanism among the
 regional IP registries that involves the
 ISPs.
 
 3) some independent corporation to run a set
 of DNS servers and maintain a root zone file
 that also allows new TLDs to be entered.
 
 These are pretty separate functions that
 just about anybody could do.

Indeed.  ICANN can do them.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] RE: who tells the quill holder what to write?

1999-07-08 Thread Kent Crispin

On Thu, Jul 08, 1999 at 09:54:49PM -0400, Jay Fenello wrote:
 
 "Shared registries" were not promoted by 
 the entrepreneurs that I knew, it was a
 business model promoted by the IAHC!

Shared registries is also the business model promoted by the White 
Paper; and that was the result of the fact that a large majority of 
the comments favored it...

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] a post-ICANN world

1999-07-08 Thread Kent Crispin

On Thu, Jul 08, 1999 at 09:25:08PM -0500, Gene Marsh wrote:

  1) funding someone part time at ISI or CNRI
  to maintain the protocol registry files.
  
  2) some coordination mechanism among the
  regional IP registries that involves the
  ISPs.
  
  3) some independent corporation to run a set
  of DNS servers and maintain a root zone file
  that also allows new TLDs to be entered.
  
  These are pretty separate functions that
  just about anybody could do.
 
 Indeed.  ICANN can do them.
 
 Then why are they NOT doing it, Kent?

They are in fact doing each of these things.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] RE: who tells the quill holder what to write?

1999-07-08 Thread Kent Crispin

On Fri, Jul 09, 1999 at 02:49:13AM +, William X. Walsh wrote:
 On Thu, 8 Jul 1999 19:47:06 -0700, Kent Crispin [EMAIL PROTECTED]
 wrote:
 
 On Thu, Jul 08, 1999 at 09:54:49PM -0400, Jay Fenello wrote:
  
  "Shared registries" were not promoted by 
  the entrepreneurs that I knew, it was a
  business model promoted by the IAHC!
 
 Shared registries is also the business model promoted by the White 
 Paper; and that was the result of the fact that a large majority of 
 the comments favored it...
 
 I don't agree about the "large majority" part, Kent.  There was a
 definite case of ballot stuffing going on with CORE.

 The White Paper wasn't an election.

It's always so entertaining when you contradict your self like this 
-- Indeed, it wasn't an election.  Therefore, the idea that ballot 
stuffing was going on is ludicrous.

In fact it wasn't just the *number* of comments that caused the
retreat from the Green Paper -- it was their substance.  Not only did
the quantity of comments matter, so did their quality, and who they 
were from, and who was represented by them...

The fact remains, the shared registry model is in the White Paper.  
That's why NSI is going through these contortions -- perhaps you've 
noticed? 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] a post-ICANN world

1999-07-08 Thread Kent Crispin

On Thu, Jul 08, 1999 at 11:16:37PM -0500, Gene Marsh wrote:
 Hi Kent Crispin, you wrote on 7/8/99 9:48:23 PM:
 
 On Thu, Jul 08, 1999 at 09:25:08PM -0500, Gene Marsh wrote:
 
   1) funding someone part time at ISI or CNRI
   to maintain the protocol registry files.

This activity is continuing.  ICANN and the IANA staff already work
very closely.  ICANN will pick up the funding as its funding stream
builds.  I'm not sure who is covering the funding in the meantime, 
but this is not a major item.

   2) some coordination mechanism among the
   regional IP registries that involves the
   ISPs.

MoU in process.

   3) some independent corporation to run a set
   of DNS servers and maintain a root zone file
   that also allows new TLDs to be entered.

That's precisely what the CRADA is about.

   These are pretty separate functions that
   just about anybody could do.
  
  Indeed.  ICANN can do them.
  
  Then why are they NOT doing it, Kent?
 
 They are in fact doing each of these things.
 
 -- 
 Kent Crispin   "Do good, and you'll be
 [EMAIL PROTECTED]   lonesome." -- Mark Twain
 
 Would you care to share with the rest of us how you feel they are actually 
 doing this?

See above.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Anti-cybersquatting (Trademark Owners) Protection Act

1999-07-06 Thread Kent Crispin

On Mon, Jul 05, 1999 at 07:10:32PM -0400, Richard J. Sexton wrote:
 That is not what I intended to convey.  The basic idea is that domain
 names are there to be *used*, not *sold*. 
 
 That way there be dragons. I'm no fan of domain speculation
 but if somebody offered me a million dollars for vrx.net
 I'd find a new domain pretty damn quick.
 
 Once you saying what domain can and cannor be used for it's
 a slippery slope.

The "slippery slope" fallacy:

   THE SLIPPERY SLOPE ARGUMENT
  
   This argument states that should one event occur, so will other
   harmful events. There is no proof made that the harmful events are
   caused by the first event.
   
   For example:
   
 "If we legalize marijuana, then we would have to legalize crack and
 heroin and we'll have a nation full of drug-addicts on welfare.
 Therefore we cannot legalize marijuana."

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] RE: Lou Gerstner on what IBM wants from ICANN

1999-07-06 Thread Kent Crispin

On Tue, Jul 06, 1999 at 09:03:13AM -0700, Christopher Ambler wrote:
  Yes, especially since NSI is doing everything it can to torpedo
  ICANN.  Without ICANN there is no realistic way to get new TLDs in 
  the IANA root, not for years to come.
 
 Wrong.
 
 Christopher

Dream on, Chris.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Thoughts on ICANN

1999-07-05 Thread Kent Crispin

On Mon, Jul 05, 1999 at 11:44:51AM -0400, Richard J. Sexton wrote:
 
 If the names council was 80% ORSC people I'd scream saying it was unbalanced
 and nobody would take it seriously. The bylaws, as implemented, fail to
 prevent capture by a single organzation.

The bylaws, no matter what they say, or how they are implemented,
can't ever prevent capture.  First of all, as a practical matter you
can't really ever write a description of an organization like ORSC
that would be both legally defensible, and describe all the
"members".   I'm a member of the American Association for the 
Advancement of Science...

Second of all, and more important -- the board can modify the bylaws. 
The board could dissolve the corporation and transfer its assets to
another corporation.  The bylaws are easily mutable, and they are
*not* a constitution, no matter what the "internet governance"
hecklers keep saying.

Even if the bylaws could be considered a constitution, they would
remain in large part irrelevant.  The real issue is the powers of the
corporation as a whole, not the powers of the directors or the
membership or the SOs. 

That's why all the furor over the structure of the corporation is
largely a fools game (*).  Of course, the structure has *some*
importance.  But it is secondary.  The real controls over ICANN come
from governments, laws (in particular anti-trust laws) and the nature
of the agreements ICANN can convince other entities to sign. 

(*) except for NSI, of course -- any delay is to its benefit.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Anti-cybersquatting (Trademark Owners) Protection Act

1999-07-05 Thread Kent Crispin

On Mon, Jul 05, 1999 at 01:13:28PM -0700, Bill Lovell wrote:
 
 This comment exhibits the mind set of assuming that all domain name
 registrations involve businesses, or at least providers of goods or services
 of some kind, as would be the case with trademarks.

I do not have such a mindset.

 That is precisely the 
 root of the whole conflict: the very existence of the academic community,
 game clubs, mushers, group authoring, other individuals, etc., is ignored.
 
 Bill Lovell

That is not what I intended to convey.  The basic idea is that domain
names are there to be *used*, not *sold*.  If someone does a
non-commercial site at "catsup.com" that, in my view, should be
strongly protected, and the site owner should be able to thumb their
nose at Heinz with no fear of legal hassle.  (That's why I don't
support the proposed bill under discussion -- too much potential for
legal harassment.)

But if someone registers 200 common words for resale, that should 
not be protected.  It is not only denying access to commercial users 
who might want the name, it is denying access to non-commercial 
users just as much (if not more, since non-commercial users wouldn't 
be able to pay the speculator).

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Anti-cybersquatting (Trademark Owners) Protection Act

1999-07-05 Thread Kent Crispin

On Mon, Jul 05, 1999 at 06:46:50PM -0400, Diane Cabell wrote:
 
  But if someone registers 200 common words for resale, that should
  not be protected.  It is not only denying access to commercial users
  who might want the name, it is denying access to non-commercial
  users just as much (if not more, since non-commercial users wouldn't
  be able to pay the speculator).
 
So they put up 200 nearly blank web pages.  How would you then define what is a
legitimate use and what is not?

Maybe putting up blank web pages would be enough -- I don't know, 
and I don't think it really matters too much precisely what the 
definition is.  We drive on the right side of the road.  They drive 
on the left side in other places.  

In any case, haven't there been cases already decided that made this
kind of distinction? Isn't there a famous case in England that shot
down people who were camping on domain names with the intent to sell?
While there are complex issues of judgement and law here, that is why
we have courts and juries, isn't it?

  Why not one-domain-per-customer?
-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Anti-cybersquatting (Trademark Owners) Protection Act

1999-07-05 Thread Kent Crispin

On Mon, Jul 05, 1999 at 11:32:31PM -0400, Diane Cabell wrote:
[...]
  
  So they put up 200 nearly blank web pages.  How would you then define
 what is a
  legitimate use and what is not?
 
  Maybe putting up blank web pages would be enough -- I don't know,
  and I don't think it really matters too much precisely what the
  definition is.  We drive on the right side of the road.  They drive
  on the left side in other places.
 
 If you don't define "use" any more than putting up a web page, then most
 cybersquatters will simply put up a blank page to fulfil the requirement of
 "use".  This doesn't seem to solve the problem of cybersquatting.

As I said, it doesn't matter that much to me -- the "nearly blank web
page" criterion was your strawman -- you can shoot it down or support
it, either way.  [It would catch, for example, the group that is
apparently trying to grab every three letter combination.]

The problem is trying to catch an intent.  My impression is that it 
is fairly difficult to use "intent" in the law, but that it isn't 
impossible.   Certainly shouldn't be any more difficult than trying 
to define "perjury".

  In any case, haven't there been cases already decided that made this
  kind of distinction? Isn't there a famous case in England that shot
  down people who were camping on domain names with the intent to sell?
  While there are complex issues of judgement and law here, that is why
  we have courts and juries, isn't it?
 
 There are plenty of cases evicting cybersquatters from domain registrations
 that are identical to (and lately also misspelled versions of) well-known
 trademarks or other protected names.  I haven't heard of any cybersquatter
 who has been evicted from registering non-protected names.
 
Why not one-domain-per-customer?
 
 Works for me.

That was a misidentified quote from your preceeding message.  I 
don't think it would work for me, to tell you the truth, but it 
might depend on how you define "customer"...

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Anti-cybersquatting (Trademark Owners) Protection Act

1999-07-05 Thread Kent Crispin

On Mon, Jul 05, 1999 at 08:55:18PM -0700, Bill Lovell wrote:
[...]
 but that a straight sale is not possible. Bill Lovell, who claims to 
 be an IP attorney of distinction, 
 
 Why is it that some people cannot carry on a purportedly intelligent
 discourse  without sticking in disparaging remarks?

Damn but you have such tender, delicate skin.  Should have stuck in a
smiley. 

"distinction" in the same sentence, to my knowledge, I'm unaware of where Mr. 
Kent Crispin would have got that horse pucky.

It was in fact a reflection of my own belief that you were an IP 
attorney of distinction.

 Ah, the answer: Mr. Kent Crispin has been caught out blathering legal
 nonsense, 
 and is looking either to find a scapegoat or change the subject.

The legal stuff I was referring to came from Mr Craig McTaggart, on
July 3: 

  [...]

  And here's another one: you don't own your trademark either.  You
  hold certain rights, recognized by courts with respect to common
  law trademarks, or granted by the state under statute with respect
  to registered trademarks.  If you stop using your trademark, or if
  you don't renew the registration for it, or if the registration is
  expunged, you may cease to hold those rights.  It is not a matter
  of 'owning' a trademark.  It is a matter of holding certain rights
  in relation to a certain string of characters or distinctive design
  which are recognized or granted by public authorities. 

  Yes, trademarks appear to be capable of being 'bought' and 'sold',
  but what really happens in such a transaction is that the 'seller'
  promises to ask the registration authority to change the name of
  the registered holder to that of the 'buyer.' Nothing is actually
  bought or sold, but rather value is given in exchange for an
  apparent 'transfer' of the relevant rights.  No property is
  transferred.  _Rights_ are _assigned_.  Very different. 

[...]

Craig McTaggart claims to be a Graduate Student/Faculty of Law at 
the University of Toronto.  That's another joke, Bill.

 As for the
 above 
 quote, "The claim was that this is not the case. The claim was, as I
 recall, that 
 the USPTO can be somehow cajoled to transfer the registration, but that a
 straight 
 sale is not possible," I've been following these threads for quite some
 time, and 
 I can't recall anyone ever being dumb enought to advance that theory.

You see the quote above, where it was advanced.  Let me repeat it yet
once more for your tired old eyes: "Nothing is actually 'bought' or
'sold' but what really happens in such a transaction is that the
'seller' promises to ask the registration authority to change the
name of the registered holder to that of the 'buyer.'" 

I didn't look up the exact quote for my message, and it was just a 1
sentence summary of what Mr McTaggart wrote.  Perhaps I did not do it
justice, but it isn't that far off.

Furthermore, it *is* true that at one time in the past you went into a
rather forceful diatribe about how trademarks were definitely *not*
property -- I can dig up the quotes to remind you of that, if you
like.

 The
 USPTO 
 can't be "cajoled" into doing anything; if entities such as ICANN ever come
 to be 
 as well and professionally managed, we shall all have cause to be grateful. 

Whatever.  I take "cajoled" as a poetic license rough synonym for
"seller promises to ask the registration authority"...it is sad, but
apparently not only are you humorless, but you have no poetry in your
soul, either.  Maybe being a distinguished IP attorney makes you 
give up on these human weaknesses...

:-)

In any case, as I said in another message -- I don't really care if
Mr McTaggarts theory applies to TMs or not -- that's something you
lawyers can argue about.  I was interested in the general reasoning
applied to domain names. 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Anti-cybersquatting (Trademark Owners) Protection A ct

1999-07-05 Thread Kent Crispin

On Tue, Jul 06, 1999 at 12:43:44AM -0500, Gene Marsh wrote:
 There are no laws to prevent one person from amassing 200 un-trademarked
 generic domain names which was the scenario presented in the discussion.
 The discussion, as I understand it, concerns whether or not there should
 be.
 dc
 
 
 OK, here you have a point.  For example, see www.extreme.com.
 
 Still, I wonder whether we are indignant from the unfairness of it or out 
 of jealousy.

Neither.  I'm just trying to work out a scheme that deals with the
problem as I see it.  Some people have rights, of various sorts, to
names.  When domain names came along a new and very public name 
space came into existence.  The question is how pre-existing rights 
to names are accomodated.

While TMs are the big money thing here, there are other rights to
names, as well.  For example, I have a right to use the name
"Crispin", in certain contexts.  There are many others with a similar
right to the name.  It is not possible to prioritize among us, so
first come first serve is a reasonable allocation strategy.  But
someone who goes out and registers 10,000 common surnames for the
sole purpose of reselling them has less of a right to the name than I
do.  If there were some business that used "Crispin" as a trademark, 
I would say that they fall into the same FCFS pool that I and all my 
(metaphorical) relatives belong to -- we all have a legitimate claim 
to use the name.  The speculator does not.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] RE: Lou Gerstner on what IBM wants from ICANN

1999-07-04 Thread Kent Crispin

On Sun, Jul 04, 1999 at 03:22:56PM -0400, Craig McTaggart wrote:

 Isn't this kind of like saying that users are free to use any PC operating
 system they like?  Or manufacturers are free to market any kind of 'video
 cassette recorder' they like?  Is it accurate to say that the IANA root has
 reached the same level of de facto standard-ness as Windows and VHS?

Not really.  .com/.net/.org were a monopoly to start with, so the 
de facto standard-ness is much greater.

  Isn't
 the US DoJ going after Microsoft partly because its operating system is in
 the nature of essential infrastructure in the PC world?

Indeed.  And this is precisely why DoJ, DG-IV, and so on sould go
after ICANN if ICANN does anything bad.

 It sucks, but the com/net/org domains have become what the public thinks of
 as the Internet.  It's stupid, and there is absolutely no technical, legal
 or logical reason for it, but it's a fact.  I personally think there should
 be tons of TLDs to get rid of the artificial scarcity of com/net/org names
 that NSI has exploited so shamelessly (or brilliantly, depending on your
 perspective), but it's going to be tough to break .com's hold.

Yes, especially since NSI is doing everything it can to torpedo
ICANN.  Without ICANN there is no realistic way to get new TLDs in 
the IANA root, not for years to come.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Lou Gerstner on what IBM wants from ICANN

1999-07-03 Thread Kent Crispin
.gov, .edu etc
-- those names will continue to resolve, no matter what, because
ICANN can't disrupt service for those end users.

So ICANN has very constrained powers over the content of the root 
zone. 

There are only two areas where ICANN has any potential for exertion
of authority 1) with small ccTLDs, and then only where the sovereign
entity in charge wants a change made; and 2) the possible addition of
new gTLDs.  In all other cases ICANN's hands are tied. 

 
I recognize that reasonable people have reasonable concerns about ICANN.  My
impression of Mr. Cook's contributions, however, is that they simply play to
people's paranoia of back-room conspiracy.  (In another time, we could
substitute "Trilateral Commission" or "Elders of Zion" for "ICANN.")
 
It's a seductive way of maintaining the status quo -- and NSI's monopoly.
 
 
 I look at the NSI like Bell Atlantic or other poorly regulated
 monopolies ---  something to worry about, perhaps an opportunity for
 more accountability or some competition, but mostly about money, 
 for that firm.
 
 I look at the ICANN process a little differently.  It isn't really
 a substitute for NSI as much as it would be a substitute for the
 government.  

For some strange definition of "government", perhaps -- a definition
that excludes any real possibility of enforcement.

The analogy is too weak to be helpful, and worse, is very misleading. 
The fact is that, with the sole exception of registrars in
.com/.net/.org, ICANN's contractual arrangements with the entities it
supposedly "controls" are in the form of MoUs, which have essentially
no coercive force behind them. 

In the case of the registrar accreditation agreements, you can be
certain that the NTIA was completely aware of them, and that they
have, therefore, the precise oversight designated by the USG.  That
is, you can view them as the USG's plan for how to divest
.com/.net/.org.  That is, it is the government that provides the 
power, not ICANN.

 I can imagine good or bad things coming from this new cyber 
 goverance organization.  Suppose, for example, that ICANN actually
 gave ordinary people the abilty to elect the board of directors,
 and it could not be controlled by big corporate interests.
 Suppose further that privacy advocates ran a successful campaign
 to elect board members who promised to require every .com
 domain to post its privacy policy.   I actually asked
 ICANN if this could happen, and I believe the answer is yes
 (not that such an effort would succeed, but simply that
 the board could elect to do such things, if it wanted to.

It sure could.  It could claim control of the moon, too.  The real 
issue is what ICANN *actually* can do.  And the cold fact is 
that ICANN can't do very much, it won't be able to do much for 
years, and only then if it has the confidence of those it tries to 
get to sign contracts with it.

 So much will depend upon who will control this organization, and
 how much "lock-in" occurs around the main root.

It's unfortunate that misunderstandings in this area are so pervasive. 
Regardless of what people (or the Board, for that matter) may think,
ICANN is almost totally powerless.  The only hint of "power" comes
from the registrar accreditation agreements, and those are
essentially the instrument of the USG, not ICANN.  Even after NTIA
"cuts the cord", the DoJ will be watching ICANN very closely -- ICANN
will effectively be under US supervision for a long time into the
future.

 Ralph Nader and I are meeting with Esther on Wed, and we'll be
 talking about these things further.

I hope you will pay attention to the realities of what ICANN 
actually can do, rather than on imaginary concerns about what it 
might do if it actually had power...

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: Lou Gerstner on what IBM wants from ICANN

1999-07-03 Thread Kent Crispin

On Sun, Jul 04, 1999 at 12:51:31AM -0400, Michael Sondow wrote:
 Kent Crispin wrote:
  
[...]
  Many people are under the delusion that ICANN's bylaws and articles
  of incorporation provide control.  They do not.  People also think
  that membership and representative structures provide control.  They
  don't, either.
 
 No, huh? Gee, ya coulda fooled me. I thought that's what dat stuff
 was there for. I mean, what's the point of havin these bylaws and
 this here membership jazz if they don't mean nothin?

It makes the deluded people who insisted on them happy, I guess.  I
certainly didn't argue for them.  Postel didn't argue for them.  The 
people who argued for them were people who think this 

 Sounds like a scam, baby,

Nope. It's wishful thinking on the part of people who want to see 
this as "government".  I certainly have said over and over again 
that the emphasis on the details of the bylaws was a waste of time.  
Certainly Jon Postel or Joe Sims made no representation that the 
bylaws gave any kind of oversight.  Why, I see I said as much already:

  The elaborate bylaws and representative structures were implemented
  because people insisted on it, not because they are actually
  effective.  They are not effective, and, intrinsically, they cannot
  be effective, for the following simple reason:
  
  From the point of view of the "governed" (the Internet at large) an
  out of control ICANN board is absolutely indistinguishable from an
  out of control ICANN membership.  And given the almost inevitable
  small size of the ICANN membership (even a few thousand would be
  incredible) the membership is unavoidably susceptible to capture by
  special interests, demagogues, and mob thinking.  Even more, even if
  a very large membership were created, there is simply no guarantee
  that a large membership would be competent.
 
 Huh? What's that, Kent? Man, you lost me there.

Perhaps I wasn't as clear as I could have been.  Let me try again:

ICANN has absolutely no power and no significance, except through 
the contracts it may sign with various entities -- in particular, 
the gTLD registrars and registry, the address registries, the root 
server operators, and the protocol organizations.  With the 
exception of the registrar accreditation agreements for the 
.com/.net/.org registrars, all the contracts are in the form of 
MoUs, or joing operating agreements, or CRADAs.  The interesting 
thing about these kinds of agreements is that they have almost no 
penalty for dropping out.  ICANN has no power to make any of these 
entities do anything at all.

In the case of the .com/.net/.org registrars, ICANN did produce a 
contract with some teeth.  But those teeth come from the fact that 
the USG signed an agreement with ICANN designating it as "NewCo".  
That is, ICANN has precisely the power that the USG delegated to it, 
and no more.  ICANN and the USG are obviously working very 
closely together in this matter,  ICANN can't do anything that the 
USG doesn't approve of.

  This may seem to be a terrible state of affairs, but in fact it is
  largely irrelevant.
 
 You kin say that again, Kent, baby. Irrelevant is bein too kind.
 
  The real controls over ICANN will remain governmental in nature,
  primarily in the form of anti-trust laws.  The US DoJ, the EU's
  DG-IV, and anti-trust authorities around the world will be watching
  ICANN very closely.  ICANN is a California non-profit, so in
  practice, US anti-trust law is the most prominent, but in fact ICANN
  simply cannot afford to do anything that will irritate any of these
  anti-trust authorities.
 
 Well, just one minute here. Let's see, you mean if somebody cud make
 out that this ICANN was doin stuff to stop competishin, like lettin
 secret clubs like yer CORE buddies fix prices or be the sole
 suppliers of domain names, then maybe the DOJ would come down on
 yous?

Yep.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



Re: [IFWP] Re: www.networksolutions.com hijacked

1999-07-02 Thread Kent Crispin

On Fri, Jul 02, 1999 at 09:49:54AM -0700, Patrick Greenwell wrote:
 
 The following root servers are offering answers for
 "www.networksolutions.com" (which they shouldn't be):
 
 b.root-servers.net

This varies with where you make the query from.  

Host A:
 www.networksolutions.com
Server:  b.root-servers.net
Address:  128.9.0.107

Non-authoritative answer:
Name:www.networksolutions.com
Address:  128.9.160.28

Host B:
 www.networksolutions.com
Server:  b.root-servers.net
Address:  128.9.0.107

*** b.root-servers.net can't find www.networksolutions.com: No 
response from server
 

 d.root-servers.net
 e.root-servers.net
 g.root-servers.net
 h.root-servers.net
 i.root-servers.net
 k.gtld-servers.net
 
 The following are returing the correct information:
 
 a.root-servers.net
 c.root-servers.net
 f.root-servers.net
 j.gtld-servers.net
 
 Currently I can't reach "f.gtld-servers.net" to get an answer.
 
 
 /\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\
 Patrick GreenwellTelocity  http://www.telocity.com
 (408) 863-6617 v(tinc)   (408) 777-1451 f
  "This is our time. It will not come again."
 \/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/
 
 
 
 

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



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