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Small Business Administration Objects to .US Deal

rlarner writes: "The United States Small Business Administration has written a letter to the NTIA that challenges the .US sale. The SBA claims that the UDRP and sunrise period were not properly enacted - they needed comment periods, etc. The letter is here." We've done a few previous stories about the handling of .us. Free registration of second-level domains under .us were supposed to go live shortly.

130 comments

  1. err another useless TLD by Archfeld · · Score: 0, Troll

    does anyone really care ? With the death of the dot.bombs domain names are not a problem. It is not like they get used in any meaningful or organized way.

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:err another useless TLD by Anonymous Coward · · Score: 0

      "does anyone really care ?"

      Yes, troll.

      "With the death of the dot.bombs
      domain names are not a problem."

      The more the merrier.

      "It is not like they get used in any
      meaningful or organized way."

      I was waiting for .us to arrive before
      I got a personal home page. I am not
      a commercial organization, so
      myname.com is innapropriate. I do not
      have multiple personalities, so
      .org and .net are also innapropriate.

      Why you are oblivious to that is beyond me.

      --
      I can detect karma whores on sight.
      They have user names.

    2. Re:err another useless TLD by speederaser · · Score: 4, Funny

      Of course they care. There are probably hundreds of /.ers waiting to lock in the url all.your.base.are.belong.to.us

      The 1337 kiddies out there will want
      411.y0ur.b453.4r3.b3|0ng.70.us

      And what about toys.r.us?

    3. Re:err another useless TLD by supernova87a · · Score: 2

      For those of us who are unfamiliar with this kind of writing: 411.y0ur.b453.4r3.b3|0ng.70.us, can you give a brief tutorial, as in why do people type like this?

      I get it that different characters are substituted for letters. But what's really the point? It just makes it harder to read. Am I missing something? What is 1337? Am I just too old?

    4. Re:err another useless TLD by Anonymous Coward · · Score: 0

      People type like that to create exculsivity, i.e., yes, if it's too confusing, you're too old, or too dumb.

    5. Re:err another useless TLD by Anonymous Coward · · Score: 0

      or you're too new.

    6. Re:err another useless TLD by Anonymous Coward · · Score: 1, Insightful

      Didn't you have secret codes that you and your friends created in the treehouse so that you could pass messages back and forth without your teachers or parents figuring out what it meant? Picture that on a global scale.

    7. Re:err another useless TLD by ShavenYak · · Score: 1

      To actually answer part of your question, 1337 is leet, short for elite.

      --

      Hey kids, there's only 5 days left 'til Yak Shaving Day!
    8. Re:err another useless TLD by Anonymous Coward · · Score: 0

      Also, '1337' is a corruption of 'elite' from an adjective into a noun.

      "I'm elite" -> "I'm a leet" -> "j0 d00d 7h47z 1337"

      Most of the other terms in "1337 5p34k" that are not 1:1 mappings of numbers to characters involve phonetic spellings/creative grammar, punctuation, etc.

    9. Re:err another useless TLD by Anonymous Coward · · Score: 0

      it's fairly easy to reach your finger for the 'e' key and hit the '3' key instead. And hey, the kinda look alike. I would image things went from there.

      What that guy said about passing secret messages is true. Many early BBSs began censoring messages involving terms like "porn" or "pirated software", so the elite began making up new words to defeat the filters, like "pr0n" or "warez".

      I use the term "elite" loosely, btw.

    10. Re:err another useless TLD by Anonymous Coward · · Score: 0

      Everyone (see other posts) gets this history all wrong. It originally started out for filename mangling on warez ftp sites, as administrators or search engines at the time (archie!) would find the files and the sites would get shut down. Many warez sites back then were run on anonymously public ftp servers which made this tactic even more necessary.

      As for the word pr0n, that is a special case and originated as the word pron, which was a common typo back on #warez on irc beck before that channel was even invite only on efnet.

    11. Re:err another useless TLD by Anonymous Coward · · Score: 0

      sorry d00d, dial-up BBSs predate IRC and FTP by a long shot.

    12. Re:err another useless TLD by Anonymous Coward · · Score: 0

      >why do people type like this?

      Brain damage.

    13. Re:err another useless TLD by anti-snot · · Score: 1

      I do not have multiple personalities, so .org and .net are also innapropriate.

      Heh, it seems "us" is also quite inappropriate for the non-schizoids among us.
      why-are-they-staring-at.us
      why-is-mommy-doing-that-to.us

    14. Re:err another useless TLD by Anonymous Coward · · Score: 0

      Sorry, but BBS's didnt have to mangle their file names to host warez.

    15. Re:err another useless TLD by Archfeld · · Score: 2

      err..hmm IF the .com TLD was actually used as a comercial only place you might have a point beyond the one on your head. What does your multiple personalities have to do with anything ? As to who is Oblivious err try reading before responding..if you can. I can detect morons on sight. They post as AC.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
  2. I'm probably going to get flamed for this... by mystery_bowler · · Score: 4, Insightful

    ...but I don't think it's unreasonable to ask that the organization that doles out .US domains to give trademark holders a brief time to buy their domains. It's not like the sales of domain names would be stagnant, that's for sure, so no money would be lost there. And if a company interested in having their trademark with a .US domain doesn't respond in time (I dunno, a week? Two?) then tough luck. Resolve your cybersquatting issues in court, because you had your chance.

    --

    My sigs always suck.
    1. Re:I'm probably going to get flamed for this... by wavecentral · · Score: 2, Informative

      No, there is nothing wrong with Sunrise. But the letter is not questioning whether the Sunrise (trademark) rule should be in the contract with NeuStar, but that the NTIA didn't answer the questions the SBA provide, and the NTIA initial sought with the RTQ process.

      Also, SBA is stating that the NTIA is skirting any questions by thinking the contract to NeuStar is exempt from Legislative process.

      Personally, I wish NetSol was given this much analysis and review before it sunk it's teeth into getting the Gov't contract for TLD's

      The least we can do is follow our own advice on making domain delegation fair and not *#$k our own country domain registration. The NTIA is a classic example of the Gov't doing shoddy work and claiming to say, "We don't need to answer your questions."

    2. Re:I'm probably going to get flamed for this... by AnotherBlackHat · · Score: 2
      ...but I don't think it's unreasonable to ask that the organization that doles out .US domains to give trademark holders a brief time to buy their domains.


      I think it's completely unreasonable to expect the holder of a trademark to pay for the right to exclude other people from using it. That particular scam is called "protection" and it's not any more legal because it's cheap.

      -- Is posting a "no solicitors" sign spam?
  3. What do we want for .us? by crow · · Score: 5, Interesting

    What sort of policies do we want for .us domains?

    I would like to see them become widely used, but I would also like to see some degree of hierarchical naming enforced.

    I think all .gov and .mil addresses should be changed to .gov.us and .mil.us addresses.

    There should probably be a small set of foo.us domains pre-defined for which people could register bar.foo.us domains.

    mybiz.com.us (US business)
    myname.indv.us (individual)
    mybiz.com.ma.us (Massachussetts local business)

    Or should we require any .co.us domain to have one more generic level in the domain, such as cnn.news.co.us? That would cut down on the problems of namespace collisions.

    1. Re:What do we want for .us? by Anonymous Coward · · Score: 0

      "What sort of policies do we want for .us domains? "

      I don't know, but I always wanted Myname.IA.US.
      It should require that the owner of a geographic
      domain actually live in that state.

    2. Re:What do we want for .us? by zulux · · Score: 3, Funny

      I think all .gov and .mil addresses should be changed to .gov.us and .mil.us addresses.


      We should leave the .mil namespace alone - so when the Three-Headed Mars Menace takes over our military thought their mind-rays, we can easily find the .mil DNS servers and cover hem with aluminum foil (shinny side out) to keep them under our controll. That and, .mil and .edu is kinda of an homage to the people who helped develope the internet.

      --

      Moneyed corporations, non-working 'poor' and criminal prisoners are turning productive citizens into tax-slaves.

    3. Re:What do we want for .us? by Anonymous Coward · · Score: 0

      .{edu,com,org,net}.us, .{edu,com,org,net}..us

      is what I'd like to see, but I'm sure that this will never come to pass. The idiots who oversee this will screw up something that was originally well-planned.

    4. Re:What do we want for .us? by blibbleblobble · · Score: 3, Insightful

      Why not mirror the UK system, which works reasonably well:

      co.uk - commerical (sounds better than com.uk)
      ac.uk - academic, universities, schools, etc
      org.uk - organisations, charities, and the like
      gov.uk - official government sites
      net.uk - UK network providers ?

      Of course, in the US, I guess each state would be interested in providing it's own DNS server:
      ak.states.us
      nd.states.us
      tx.states.us
      (the .states. makes it legible to a non-american)

    5. Re:What do we want for .us? by TheChimp · · Score: 1

      Already they do the state organisation in the US, e.g. http://www.state.pa.us

    6. Re:What do we want for .us? by SamBeckett · · Score: 3, Funny
      That and, .mil and .edu is kinda of an homage to the people who helped develope the internet.

      Wouldn't we need .al.gore.us too, then?

    7. Re:What do we want for .us? by Matey-O · · Score: 3, Interesting

      If the rules are too strict, you're left with:

      http://unemploymentBenefits.cdle.state.co.us

      Try to give THAT to a reporter over the phone and not get it screwed up in the news clipping!

      (www.coworkforce.com/uib works MUCH better)

      --
      "Draco dormiens nunquam titillandus."
    8. Re:What do we want for .us? by Anonymous Coward · · Score: 0

      I think all .gov and .mil addresses should be changed to .gov.us and .mil.us addresses.

      Sorry, pal. The government and military were on the Internet before you were born. Face it -- even if Al Gore didn't invent the Internet, it was still a group of people within the US.

      If you don't like it, move to France.

    9. Re:What do we want for .us? by dynweb · · Score: 1

      I believe .gov and .mil should stay the way it is. With the amount they spent on initial infrastructure, they should at least get the privledge of keeping those two nice TLDs.

    10. Re:What do we want for .us? by yintercept · · Score: 1

      I think all .gov and .mil addresses should be changed to .gov.us and .mil.us addresses

      Can you imagine what a hassle it would be to change all the .mil and .gov web sites? I think it would be easier for the US to just overthrow the rest of the world, and then we can get by with the .gov and .mil domains.

    11. Re:What do we want for .us? by matthewp · · Score: 1

      Yes, except the UK system mirrors the TLDs, so

      * .co.uk - Anyone who wants it
      * .org.uk - Anyone who wants it
      * .net.uk - Anyone who want it

      .co.us is, of course, already taken.

    12. Re:What do we want for .us? by wavecentral · · Score: 1

      We could start a revolution with offering every person who was born or naturalized as a US citizen, his/her own webspace, for life by doing:

      Gov't funded research monkey number 121-50-2981 has:

      http://121502981.citizen.us

      :-)

    13. Re:What do we want for .us? by marnanel · · Score: 2

      Yes to .co.uk and .org.uk. It's rather more difficult to get a .net.uk if you're not an ISP (though some people seem to have managed it).

      --
      GROGGS: alive and well and living in
    14. Re:What do we want for .us? by marnanel · · Score: 2

      Every state does have its own unique domain, though: state.xx.us (e.g. state.pa.us, state.mn.us, and so on, though some are migrating to statename.gov). It's been that way for a long while.

      --
      GROGGS: alive and well and living in
    15. Re:What do we want for .us? by ScumBiker · · Score: 2

      Thank, I had fun getting that to go. Not really, but I'm the one responsible for us looking into a shorter domain name, instead of what we have now.

      --
      --- Think of it as evolution in action ---
    16. Re:What do we want for .us? by marnanel · · Score: 1

      I'm a little confused: who's "us"?

      --
      GROGGS: alive and well and living in
    17. Re:What do we want for .us? by Anonymous Coward · · Score: 0

      I'm a little confused: who's "tv"?

    18. Re:What do we want for .us? by Anonymous Coward · · Score: 0

      Read the parent post. The author said he was responsible for "us" looking into a shorter domain name. Nobody mentioned .us, let alone .tv.

    19. Re:What do we want for .us? by ScumBiker · · Score: 1

      I'd rather not say, because it could be construed that I'm writing to /. from work, even though I'm not.

      --
      --- Think of it as evolution in action ---
  4. WTF: "It was supposed to go live shortly" by The+Original+Bobski · · Score: 2

    Huh? .us has been live for a decade.

    --
    satire, n: 1) witty language used to convey insults or scorn; 2) a form of humor lost on most slashdot moderators.
    1. Re:WTF: "It was supposed to go live shortly" by RazzleFrog · · Score: 2

      Perhaps if you read the whole quote it would clear things up - "Free registration of second-level domains under .us were supposed to go live shortly."

      From the website:
      What are some of the expected changes to .US?
      Soon, for the first time in history, .US registrations will be available at the second level (e.g., johnsmith.us, publicservice.us, mycompany.us). Currently names are only available in the "locality space" at the third level and above (e.g., www.county.arlington.va.us).

    2. Re:WTF: "It was supposed to go live shortly" by Enry · · Score: 2

      This is a new use of .us, so instead of ford.detroit.mi.us as has already existed, you would have ford.us.

    3. Re:WTF: "It was supposed to go live shortly" by The+Original+Bobski · · Score: 2

      Perhaps if it had been quoted properly in the first place I wouldn't have made the comment.

      But then, I probably shouldn't hold Slashdot to journalistic standards. It is, after all, just a couple of geeks who barely passed English 101 who run this site. ;)

      --
      satire, n: 1) witty language used to convey insults or scorn; 2) a form of humor lost on most slashdot moderators.
    4. Re:WTF: "It was supposed to go live shortly" by Anonymous Coward · · Score: 0

      Don't be such an idiot. The comment was quite clear, and even if it hadn't been, I think a monkey could discern the intended meaning.

    5. Re:WTF: "It was supposed to go live shortly" by Anonymous Coward · · Score: 0

      My, my. Get out of the wrong side of the bed today, did we?

  5. looks illegal... by soap.xml · · Score: 2, Insightful

    from the letter....NTIA did not submit these legislative rules for notice and comment as required by the Administrative Procedure Act (APA) and did not conduct a regulatory flexibility analysis as required by the Regulatory Flexibility Act (RFA).
    As part of our statutory duty to monitor agency compliance with the RFA, Advocacy requests that the NTIA place the contract for administration of the Dot US Domain Space on hold and submit the legislative rulemaking provisions for notice and comment, and conduct a regulatory flexibility analysis. Alternatively, NTIA can strike the rulemaking provisions from the contract, and the contract would no longer be subject to the APA. Unless and until NTIA does so, the contract for the management of the Dot US domain is unlawful, as it violates both the APA and the RFA.

    While I don't agree with the "sunrise" period mentioned in the letter, it really doesn't matter. According to the statement above NITA dropped the ball. They didn't do what they were supposed to do, didn't get the proper regulatatory "stamp of approval" and the contract should be considered invalid.

    After they drop the contract, they should re-think the sunrise policies... but first they need to slap that thing with a big "illigeal" stamp and get it out of there ;)

    just my 2cents... -ryan
  6. trademarks by crow · · Score: 3, Insightful

    The real problem with trademarks is that before the net, there was no problem with two companies using the same name as long as it was in a different context. Now that both of those companies will want the same domain name, it gets ugly. When you also have individuals and small organizations getting names in the same namespace, it gets really ugly. Having a more hierarchical namespace helps, but doesn't eliminate the problem.

    What's needed isn't a chance for trademark holders to get a head start, but a better system for resolving conflicts when disputes arise.

    1. Re:trademarks by blibbleblobble · · Score: 1

      It sounds very much like: if Acme motors and Acme chemicals are fighting over a domain name, the registrar should just split it down the middle, and give chemicals.acme.us to one of them, and motors.acme.us to the other.

      After all, if you don't have a monopoly on the Acme name, you shouldn't have a monopoly on the acme.us domain either.

      Would the registrars be technically able to split contested domains into 3rd-level domains?

    2. Re:trademarks by crow · · Score: 2, Insightful

      The problem with that is what happens if Acme motors registers the domain several months before Acme chemicals? Then you have a situation where Acme motors has invested in the acme.us domain to identify it with them. It may be mentioned on Television advertisements and brochures. It may be in people's bookmarks.

      Now if Acme motors had been told that they couldn't register acme.us, but only acme.autos.us, then Acme Chemicals would never have noticed them when registering acme.chem.us.

      But you're not going to get the hierarchy perfect, so you'll still have conflicts. Ultimately, I think it should go to the first person to register the domain unless it can be proven that the domain was registered to take advantage of someone else's trademark.

    3. Re:trademarks by Anonymous Coward · · Score: 0

      First of all, I doubt you will find many auto or chemical companies that do not have a multinational presence. And autos.com and chem.com are probably taken.

      That's what they are thinking with new TLDs like .aero, which is really a beta test for a broader range of industry-specific commercial TLDs. This runs counter to the slashdotter's desire for a nice, organized hierarchical namespace, sure, but you guys live diddle with computers and those guys are rich corporations. My guess is that acme.chem and acme.auto are only about 5 years away.

    4. Re:trademarks by blibbleblobble · · Score: 1

      And the namespace is organised in what way? "net", "com", "org", and the like are free-for-alls.

      Of the hundreds of registered country codes, only 4 (uk, fr, de, au) are being used. The rest have been sold to domain-name prospectors, as "us" is about to be.

      But then, what did we expect to happen, when we gave the same amount of namespace to an island without houses (nevermind DNS servers) as to the whole of North America?

    5. Re:trademarks by Sabalon · · Score: 2

      I've seen all of the following on a semi-regular to regular basis:

      ru (Russia)
      jp (Japan)
      tw (Taiwan)
      ie (Ireland)
      nl (Netherlands)
      se (Sweden?)
      nz (New Zealand)

      Even see za from time to time. As for the size of the namespace, huh? What...should we have .us1 .us2 .us3 cause we are so much bigger than Tivilo?

  7. Question by PowerTroll+5000 · · Score: 1

    It should require that the owner of a geographic domain actually live in that state.

    What if someone moves inter-state, like I did a few years back? Does your domain change, too?

    --

    I'm not afraid of falling, it's the sudden stop at the end that frightens me.

    1. Re:Question by crow · · Score: 1

      It seems like a reasonable requirement that you must have an address in a state to register something.state.us. It seems unreasonable to require that you not be allowed to keep the domain even if your address changes to another state when you renew the domain.

    2. Re:Question by 5KVGhost · · Score: 1

      You're right. And since moving between states is hardly uncommon it would only take a relatively short time for the whole thing to become completely arbitrary. And suppose I have residences in two states? Am I entitled to domain names in both?

  8. This is getting silly. by gpinzone · · Score: 5, Insightful

    Why bother having new domains if anyone that has a ".com" is going to end up having first crack buying every other "dot" extension under the sun?

    1. Re:This is getting silly. by RazzleFrog · · Score: 2

      This is not exactly how the sunrise period works. During the sunrise period only valid US trademark holders (or pending trademark holders) can register a dot-us domain name. Just having a dot-com doesn't mean that you have a dot-us.

      After the sunrise period is over the remaining domains will be allocated randomly in cases of multiple people registering the same domain.

    2. Re:This is getting silly. by gpinzone · · Score: 2

      Yeah, until the trademark owner with the ".com" domain sues the ".us" domain holder and gets it anyway.

    3. Re:This is getting silly. by RazzleFrog · · Score: 1

      The trademark owner doesn't have to sue. They can just get it in the sunrise period. That'sthe whole point. After that they wouldn't sue. Under dot-us they are bound to the uniform dispute resolution policy.

      Take a look at the letter or the website and a lot of your questions will be answered.

  9. TLD's by PowerTroll+5000 · · Score: 2, Insightful

    Look at the other TLD extensions, like .tv, .cc, etc. How many sites under those TLD's do you actually see?

    A local radio station, WHTZ 94.9 (Zeta) swtiched from 949zeta.com to 949zeta.cc, but a few months after going to .cc, they went back home to .com, to the tune of http://zetarocks.com/.

    I think the .us domain will be similarly received by business interests.

    --

    I'm not afraid of falling, it's the sudden stop at the end that frightens me.

    1. Re:TLD's by RazzleFrog · · Score: 1

      Here in New York the MTA went from www.mta.nyc.ny.us to just www.mta.info. Before that I also had to search for them (as I just did to get their old address) but now I can easily memorize it.

    2. Re:TLD's by Anonymous Coward · · Score: 0

      Sorry, WHTZ is 100.3 FM in New York (technically a Newark station), where it is known as Z-100. Plays a lot of standard Top-40 pop hits.

    3. Re:TLD's by PowerTroll+5000 · · Score: 1

      You are correct. It's 94.9 WZTA. They broadcast in Miramar, FL, and play a lot of hard rock.

      Funny I made that blunder since I used to live in NYC.

      --

      I'm not afraid of falling, it's the sudden stop at the end that frightens me.

    4. Re:TLD's by gpinzone · · Score: 2

      Heh, I never could remember that nutty MTA address either. However, I use http://www.lirr.org to reach the MTA's main site since the true LIRR homepage is at http://www.lirr.org/lirr

  10. Excuse an off-topic question, but... by alumshubby · · Score: 2, Offtopic

    if somebody knows about domain-name origins: Why is South Africa .za? My wife asked last nite.

    --
    "How many light bulbs does it take to change a person?" --BMcC-->
    1. Re:Excuse an off-topic question, but... by media.darling · · Score: 0

      Probably from the Dutch: "Zud" for south.

      --
      What's tty3 and why won't my program exit when I push Alt-F4?
    2. Re:Excuse an off-topic question, but... by Anonymous Coward · · Score: 0

      Maybe because in some silly language, doesn't Sur, (Zur) mean "south"?

      OTOH maybe it's an illuminati conspiracy, and the Z stands for "Zurich". You didn't see that. I never wrote it - I couldn't have written it because you are not cleared to read it.

      Fnord.

    3. Re:Excuse an off-topic question, but... by oyenstikker · · Score: 1

      countries are not done by the English name, their are often done by the country's native language name.

      --
      The masses are the crack whores of religion.
    4. Re:Excuse an off-topic question, but... by Anonymous Coward · · Score: 0

      But she didn't ask you why Germany is .de? I would think that would have been the first one she would have questioned.

    5. Re:Excuse an off-topic question, but... by Anonymous Coward · · Score: 2, Informative

      It's the initials of the Afrikaans-language name of the country: Zuid Afrika.

    6. Re:Excuse an off-topic question, but... by TRACK-YOUR-POSITION · · Score: 1

      So why did Nippon get .jp?

    7. Re:Excuse an off-topic question, but... by Anonymous Coward · · Score: 0

      Because .np is Nepal and of course they would get first dibs.

    8. Re:Excuse an off-topic question, but... by Anonymous Coward · · Score: 0

      It's done by country digraph, which I believe were set by the UN some time ago and probably adopted for internet use - see this page to see most, if not all of them: http://www.geocities.com/keddrin/iso1366.html

    9. Re:Excuse an off-topic question, but... by _ph1ux_ · · Score: 2

      because of zee germans!

      zouth africa! SHOW ME YOUR PAPERS!

      Get on zee train!

      What is zee problem!
      .

    10. Re:Excuse an off-topic question, but... by alumshubby · · Score: 2

      Naaaah. She's hip to "Deutschland."

      --
      "How many light bulbs does it take to change a person?" --BMcC-->
  11. Way to do business guys. by Anonymous Coward · · Score: 1, Insightful

    Do we really want to trust a company to manage the .us domain when they can't even manage to get the contract legally...

    1. Re:Way to do business guys. by AnotherBlackHat · · Score: 2

      It has not been alleged that Neustar acted illegal in obtaining the contract. The complaint made by the SBA is against the NTIA improperly requesting certain things be in the contract.

      Of course, that doesn't mean you should trust Neustar - just that they have been accused of anything illegal yet.

      -- Is a sign that says "no solicitors" spam?

  12. More on underlying legal theories by Froomkin · · Score: 5, Informative
    If you would like a more extensive discussion of the underlying US constitutional and statutory legal issues, please see my article Wrong Turn in Cyberspace: Using ICANN to Route Around the APA and the Constitution, 50 Duke L.J. 17 (2000), also available in tidy .pdf format.

    Here is the abstract:

    The Internet relies on an underlying centralized hierarchy built into the domain name system (DNS) to control the routing for the vast majority of Internet traffic. At its heart is a single data file, known as the "root." Control of the root provides singular power in cyberspace.

    This Article first describes how the United States government found itself in control of the root. It then describes how, in an attempt to meet concerns that the United States could so dominate an Internet chokepoint, the U.S. Department of Commerce (DoC) summoned into being the Internet Corporation for Assigned Names and Numbers (ICANN), a formally private nonprofit California corporation. DoC then signed contracts with ICANN in order to clothe it with most of the U.S. government's power over the DNS, and convinced other parties to recognize ICANN's authority. ICANN then took regulatory actions that the U.S. Department of Commerce was unable or unwilling to make itself, including the imposition on all registrants of Internet addresses of an idiosyncratic set of arbitration rules and procedures that benefit third-party trademark holders.

    Professor Froomkin then argues that the use of ICANN to regulate in the stead of an executive agency violates fundamental values and policies designed to ensure democratic control over the use of government power, and sets a precedent that risks being expanded into other regulatory activities. He argues that DoC's use of ICANN to make rules either violates the APA's requirement for notice and comment in rulemaking and judicial review, or it violates the Constitution's nondelegation doctrine. Professor Froomkin reviews possible alternatives to ICANN, and ultimately proposes a decentralized structure in which the namespace of the DNS is spread out over a transnational group of "policy partners" with DoC.

    --

    I have a blog.

    1. Re:More on underlying legal theories by Artagel · · Score: 2

      As Professor Froomkin has pointed out, the absence of a notice and comment period raises issues more fundamental and widespread than the individual conclusion reached in this case. The APA referred to is the Adminstrative Procedures Act. This is the act that makes so much of what happens at agencies like the EPA, FDA, FTC, FCC and other agencies take a long time to do anything. Very, very scary stuff if you desire nimble decisionmaking, but very, very essential stuff if you are going to have democratic accountability of government action.

      (Someone please mod the parent post to 5...)

  13. Re:How about somthing that would help..... by Aexia · · Score: 3, Insightful

    Here's the problem:

    Define "inappropriate" as well as the penalties for posting something "inappropriate" on non-.xxx domains. Hardcore porn is easy but what about safe-sex guides? Sexual positions manual? Is it inappropriate if you use cartoons? Computer generated models? Unerotic photos of models?

    You'll never be able to make it mandatory. Sure, you might be able to move a great deal of the porno business to .xxx, but not all of it. Filtering sites would likely be about as effective as it is now.

  14. TLDs are useless!!! by erroneus · · Score: 3, Interesting

    With Trademark law trumping (virtuall) all name issues on the internet, adding a new TLD for use anywhere is simply useless.

    ...well that is, of course, unless it's a personal domain...and only then if your name doesn't conflict with some trademark somewhere.

    1. Re:TLDs are useless!!! by Anonymous Coward · · Score: 0

      they should just have a dot-trademark domain (i.e. microsoft.trademark) and stick everyone in that little pen. Then, everyone can just not go to their sites.

  15. Re:How about somthing that would help..... by YoPt · · Score: 1

    You said it yourself......

    "Sure, you might be able to move a great deal of the porno business to .xxx..."

    I am realistic and don't think you could push it all into a corner. However, it would change the current state of porn in every .corner .nook and .crany

  16. *boggle* by coyote-san · · Score: 3, Interesting

    Where do you live, North Dakota?

    Do you have any idea how many "Jim Smith" or "Bob Jones" there are in New York or California? Including middle names doesn't eliminate the name collisions, but makes the system much less useful since most people don't routinely use their middle names and acquaintances are unlikely to know them.

    Even in Iowa you'll see a lot of collisions.

    A while back a friend and I did web searches for our "friends." We all have relatively uncommon names, both family and given. Yet all of us had "twins" listed on the net, sometimes "twins" near our own age and in our own profession. Some of us had multiple hits - back in 1995 a coworker found 4 other men with the same name. Today the same search would probably yield a dozen or more matches.

    This search was at the national level, not state level, but that's arguably a moot point since our population is so mobile that it's common for people to live in several states during their lifetime.

    Taking a step back from the problem, a few years ago comp.risks mentioned an Australian plan (population 20 million) to uniquely identify citizens by full name and date of birth. They discovered that THREE women had the same name and birthday after the state detected "fraud" in the student loan program - the same "person" was simultaneously enrolled in college and earning a paycheck 1000 km away. (I don't remember what the third woman was doing.)

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    1. Re:*boggle* by RazzleFrog · · Score: 1

      You are right on the money. I have a fairly uncommon family name but I live in New York and there is another person with the same full name (not sure about middle initial). That person's name actually pops up in the newspaper every so often because they work doing PR at a New York City hospital.

  17. I like this "Sunrise" stuff about like a vampire.. by wowbagger · · Score: 2

    I feel the same about this "Sunrise" stuff as a vampire would - I regard it's coming with a deep and unabiding dread, as I know it will be a bad thing.

    Consider the "old", location-based, heirarchical system for .us. Under that system, I could register "foo.ks.us", and you could register "foo.ok.us", and there would be no conflict. If I didn't have a presense in Oklahoma, I had no ability to register a .ok.us domain.

    Now, you WILL have "microsoft.us", "sony.us", etc. If I had a small business specializing in fixing Sony TV's, I won't be able to register "wowbaggers_sony.ks.us".

    How does this help small businesses?

  18. Re:How about somthing that would help..... by Anonymous Coward · · Score: 0

    Although the spector of porn sites is used to push for content-limiting/segregating laws, it's not porn sites that many parents and educators are most concerned about. It's sites that provide information on different choices and values than what the parents/educators endorse. This includes, but is not limited to, porn sites. I've seen parents bound and determined to block safe sex sites, religious sites, scientific sites which promote the theory of evolution or fundementalist sites which promote creationism ... most of the blocking campaigns "down in the trenches" are truthly promotions of groupthink. And that should be counter to the values of the US educational system, but it's not :(

  19. Re:How about somthing that would help..... by Sloppy · · Score: 2, Interesting

    Why is .xxx not a reality?

    Um, I think AlterNIC has had .xxx for years. So their users (and users of hierarchies who peers with them, such as OpenNIC) are all ready to connect to your .xxx site.

    You can whine about ICANN, or you can set up your machine(s) to take away their power and get what you want. Pretty easy decision, IMHO.

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  20. What will happen to state domain heirarchys? by Anonymous Coward · · Score: 2, Interesting

    Are the old state.us domain heirarchys grandfathered
    in or are they going to be arbitrarily taken back
    and sold to the highest bidder?

    Since state.us has existed for a long time it would seem rather dumb for the commerce department to yank the state's domain names away from them.

    Are the two letter state abbreviations trademarked by the post office so noone else can use them?

    1. Re:What will happen to state domain heirarchys? by RazzleFrog · · Score: 3, Informative

      At the risk of a redundant mod:

      From the site:
      Existing .US registrants (domain name holders) within the "locality space" will retain rights to their existing Internet addresses. In fact, existing domain name holders will benefit from many of the operational improvements and improved security and service levels NeuStar will introduce within .US.

  21. Re:How about somthing that would help..... by maxpublic · · Score: 1

    However, it would change the current state of porn in every .corner .nook and .crany

    And this is supposed to be a good thing? Or are you one of those yahoos who's always off to "save the chiiiiiildren!"?

    Max

    --
    My god carries a hammer. Your god died nailed to a tree. Any questions?
  22. This is all moot to me by TheRealFixer · · Score: 3, Funny

    Having a domain other than .com, .net, or .org is like getting kissed over the telephone, or winning a silver medal.

  23. Re:I like this "Sunrise" stuff about like a vampir by RazzleFrog · · Score: 3, Informative

    Well since you are registering a third level domain - ***.ks.us - you should be fine. They are not getting rid of the locality specific domains and Sony doesn't have any special claim on third level domains. You can

    From the site:
    Existing .US registrants (domain name holders) within the "locality space" will retain rights to their existing Internet addresses. In fact, existing domain name holders will benefit from many of the operational improvements and improved security and service levels NeuStar will introduce within .US.

  24. So long as I can get... by kindbud · · Score: 2

    So long as I can get "r.us" I'll be happy. :)

    Is "toys.r.us" an actionable trademark infringment? What if it's a site devoted to criticizing society's obsession with the latest technology?

    --
    Edith Keeler Must Die
    1. Re:So long as I can get... by SuperLiquidSex · · Score: 0

      since toys'r'us is going down the tubes pretty quick I doubt they'll be able to spare the attention when the time comes.

      --
      Oops....you'll know what I'm talkin about in a bit.
    2. Re:So long as I can get... by Sabalon · · Score: 2

      C'mon...this is the company that went after a site named roadkills-r-us because they felt people would be confused with the r-us brandnames.

  25. Re:How about somthing that would help..... by Anonymous Coward · · Score: 0

    NO! i just want it to be easier to surf the net! so i can type in anyrandomthing.xxx and instantly get porn!

  26. It's not "for use anywhere" by marnanel · · Score: 3, Informative

    But the .us TLD isn't "for use anywhere"-- unlike the generic TLDs such as .com and .org, it's only for US citizens, residents and businesses. So it does have some level of specificity.

    --
    GROGGS: alive and well and living in
    1. Re:It's not "for use anywhere" by Alsee · · Score: 2

      But the .us TLD isn't "for use anywhere"

      I think he means any new TLD for any specific use (such as US only in this case).

      The problem is that people have registered their own NAME as a domain, and lost it because their name conflicts with a trade mark.

      Say my name is John Q. Exxon and I register exxon.XYZ. It doesn't matter that Exxon corp has nothing to do with .XYZ. Exxon is trademarked, and my use of it "could cause confusion" or "dilute the trademark". I still lose my domain.

      That's why new TLD's aren't solving the problem. Every company wants exclusive rights to their trademarks under every TLD, and every variation on their trademarks, and everything that contains their trademarks (such as VerizonEatsPoop.com), and anything else they can get away with.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  27. The real solution by mshomphe · · Score: 2

    The solution to all this domain name crap is to abstract away from it -- users whould not have to type in all this www.load.of.crap.extention.in.Zimbabwe. The interface should be pure hyperlinking, no addresses.

    --
    She sat at the window watching the evening invade the avenue.
    1. Re:The real solution by Sabalon · · Score: 2

      What about stuff other than the web - e-mail, ftp, ssh, telnet, etc... Hyperlinks for those as well?

      Let me load up my browser so I can ping that server :)

    2. Re:The real solution by mshomphe · · Score: 2

      maybe! Although it's really powerful to be able to designate a site/server with a URL, it's intimidating for some folks. In addition, not every XXX.com is going to be the company you are looking for.

      --
      She sat at the window watching the evening invade the avenue.
  28. getting a *.state.*.us domain by cha0sadddddddd · · Score: 1

    Anyone know how to go about getting a *.state.*.us domain?
    *.state.ut.us to be more exact.
    have looked all over trying to find out how and even GOOGLE is giving me no love =(

    --
    Collecting data is only the first step toward wisdom. But sharing data is the first step toward community
    1. Re:getting a *.state.*.us domain by base3 · · Score: 1
      If you're looking for something right above state, that's a new locality. Neustar isn't accepting any new locality delegations right now. I don't know whether they ever will--there's no clear indication either way on their site.

      If you want to register a fourth level domain in an already delegated locality domain (e.g. yourdomain.new-york.ny.us), you need to contact the delegated manager. Keep in mind that this is a hit or miss--some of them are very good, while some, like hostmaster@prairie.net, are incommunicado, not answering any communication. I hope after things settle out, that those blowing off requests will have their delegations taken away, but for the moment, things are static.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  29. Not free. by AnotherBlackHat · · Score: 3, Informative

    Registration of SLD under the TLD .us is not free.
    The fees charged are registrar are $5.50 per name per year, more for the first year. This is explained in schedule f)

    This is about the same amount that Network Solutions charges ($6.00 a year) so you can expect to pay approximately the same amount for a SLD under .us as you do currently for one under .com.

    P.S. Network Solutions took in over $600,000,000 last year, about 1/5 of which was from external registrars, the rest being from their own registration service.

    1. Re:Not free. by base3 · · Score: 1
      Looks like locality domains will remain free (unless the delegated manager charges a fee):

      "For purposes of this Agreement, "Registered Name" shall not include domain names registered or maintained pursuant to the locality-based structure defined in RFC 1480, as amended or superceded by previous or the current usTLD Administrator." (from the document you linked)

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  30. Re:How do I raise my Karma? by Anonymous Coward · · Score: 0

    I've been to the Casbah, and it doesn't rock.

  31. Against Unfair Competition Law & First Amendme by Garry+Anderson · · Score: 2

    Fact - Sunrise and UDRP is against Unfair Competition Law and the First Amendment.

    To explain:

    Virtually every word is trademarked, be it Alpha to Omega or Aardvark to Zulu, most many times over.

    Most trademarks share the same words or initials with many others.

    Any TM lawyer will tell you all that I write is true - though they will certainly disagree with my conclussion.

    Most companies share the same word(s) for trademark, in a different type of business (classification).

    But only one will be allowed to use it, to get the domain name in the American .US ccTLD.

    For example, the World Trade Organization (WTO) shares its initials with six trademarks - in the U.S. alone. Please check at USPTO.

    In this example, only one can be WTO.us !!!

    What about the other five ???

    As this is the main American country TLD (ccTLD) - is it not unfair on the others, that one should be given priority over them?

    The same goes for all words in the dictionary - a few will get priority over the many.

    Point 1 - I thought it unlawful to award it to just one - is it not against unfair competition law?

    Point 2 - This is abridgement of words that small businesses (without a trademark) and the American people can use - Surely it violates the First Amendment?

    Perhaps a lawyer would like to address these two points.

    None have so far - wonder why?

    No - I don't wonder why - I know the truth of the matter.

    My logical conclussion is this: Big Business is abusing the powers of their trademarks, the Lawyers are making a fortune out of it and the Authorities are corrupt.

    The authorities know the solution to trademark conflict with domain names. It was ratified by honest attorneys - including the honourable G. Gervaise Davis III, UN WIPO panellist judge.

    Please see it yourself at WIPO.org.uk).

    No bull* propaganda or spin from trademark lawyers - see feeble excuses link on the site.