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Karl Auerbach Wins Right To Inspect ICANN Records

Siobhan Hansas writes: "Karl Auerbach was in court today fighting for the right to inspect and copy documents he first asked to see in 2000, shortly after he became a member of the Board of Directors. Salon have the AP story. Auerbach won the right to inspect documents, but not to copy them, and was required to give ICANN 10 days notice of release of any information marked "confidential" to give them the opportunity to seek a court order stopping him." M : A first-hand report from the hearing makes good reading.

185 comments

  1. 'bout time! by Russ+Nelson · · Score: 2

    'bout time ICANN had their nose bloodied! And they had the nerve to say that they were considering appealing the decision!?! What gall.
    -russ

    --
    Don't piss off The Angry Economist
    1. Re:'bout time! by Oculus+Habent · · Score: 3, Funny

      Gall! Poppycock! They are above reproach! They are the Internet! To HELL with everyone else!

      The problem with the populace is they don't know what is good for them. They will me made to know, and fairly we will rule them, with an iron fist!

      --
      Zig!

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
  2. Wrong Name by sulli · · Score: 5, Funny
    I'm sorry, you have his name wrong.

    During Standard Time, his name is Karl Auerbach.

    But during Daylight Savings Time, his name is Karl Adenauer!

    (ducks)

    --

    sulli
    RTFJ.
    1. Re:Wrong Name by edrugtrader · · Score: 0, Flamebait

      you, my friend, are a clever idiot that successfully wasted 10 seconds of my life.

      --
      MARIJUANA, SHROOMS, X: ONLINE?! - E
    2. Re:Wrong Name by Anonymous Coward · · Score: 1, Funny

      At least 20, or your inane post would've been eaten by Slashdot.

    3. Re:Wrong Name by Anonymous Coward · · Score: 0

      Thankfully, some people are fortunate enough to live in a place where daylight savings is not observed :)

    4. Re:Wrong Name by Ami+Ganguli · · Score: 2

      Ok, I admit it, I don't get it. Can somebody explain the joke?

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    5. Re:Wrong Name by demon93 · · Score: 1

      Just crank your sense of humour down a few notches...
      For standard time, Karl Auerbach pronounced "hour back"
      For daylight savings, Karl Adenauer pronounced "add an hour"

      --
      demon
      -----
      Nothing is ever a total loss; it can always serve as a bad example.
    6. Re:Wrong Name by Ami+Ganguli · · Score: 1

      Errrrg! Ok, that's really, really bad :-). Thanks though.

      I think it doesn't help that I mentally give them both a German pronounciation.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    7. Re:Wrong Name by ethereal · · Score: 1

      Couldn't agree more. Man, I miss living in Indiana, without all the damn clock changing to deal with. If Hoosier farmers can survive without Daylight Savings Time, why can't the rest of the nation?

      --

      Your right to not believe: Americans United for Separation of Church and

    8. Re:Wrong Name by Anonymous Coward · · Score: 0

      Because then there wouldn't be enough time for base-ball on summer evenings.

      (I don't really know the b-b franchises levered the government into re-instating war-time daylight savings, but I've heard it as a story)

    9. Re:Wrong Name by peterjm · · Score: 2

      but I thought it was auerbach, as in "Red Auerbach", which is pronounced, are-bock.

      red auerbach was the coach of the celtics who won 9 championchips during his coaching career.

    10. Re:Wrong Name by Anonymous Coward · · Score: 0
      but I thought it was auerbach, as in "Red Auerbach", which is pronounced, are-bock.

      red auerbach was the coach of the celtics who won 9 championchips during his coaching career.

      Aboout what you'd expect from an outfit that pronounces Celtics with an initial S sound instead of a K sound.

  3. Karl hasn't got long... by Bonker · · Score: 2, Redundant

    ...Since ICANN is getting rid of his position in November. He's got to cause a stink with what he finds and cause it fast, or it's going to be too little, too late.

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    1. Re:Karl hasn't got long... by kcbrown · · Score: 3, Insightful

      ...which means that he won't get very far, because ICANN will of course attempt to get a court order to stop him from releasing any information to the public, and he'll be prevented from doing so until the court renders its opinion one way or the other. And that's for every separate instance. ICANN will of course make sure that each attempt to get a court order takes as long as possible.

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      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    2. Re:Karl hasn't got long... by fean · · Score: 1

      he could, of course, attempt to bring something out of the closet EVERY DAY for the next couple years

      court costs alone will bring icann to their knees :-)

  4. preview should be mandatory by customcpu · · Score: 0, Offtopic

    Salon have the AP story.

    Slashcode really need a grammer check ;)

    1. Re:preview should be mandatory by ceejayoz · · Score: 3, Funny

      And a spell checker - it's grammar.

    2. Re:preview should be mandatory by Russ+Nelson · · Score: 2

      And maybe a speling checker too.
      -russ

      --
      Don't piss off The Angry Economist
    3. Re:preview should be mandatory by Anonymous Coward · · Score: 0

      Yeah, and "Salon have" is not incorrect. Salon being a collective of people, the plural verb may be applied. As in "the team have won the game."

  5. Obligatory story copy... by Teknogeek · · Score: 0, Redundant

    ...in case of Slashot Effect overloading the servers:

    ICANN member wins records access

    - - - - - - - - - - - -
    By Anick Jesdanun

    July 29, 2002 | NEW YORK (AP) --

    A board member for the Internet's key oversight body won the right Monday to inspect records without first agreeing to nondisclosure and other restrictions sought by its management.

    But Karl Auerbach, a frequent critic of his own organization, must give the Internet Corporation for Assigned Names and Numbers at least 10 days notice before releasing any items marked "confidential," said Judge Dzintra Janavs of California Superior Court for Los Angeles County.

    ICANN could then seek a court order to stop Auerbach from releasing the information.

    Auerbach is among critics who contend that ICANN, which oversees Internet domain and addressing policies, is too secretive and caters more to commercial interests than the public good.

    Ruling from the bench, Janavs also said ICANN must send Auerbach non-confidential electronic documents by Friday and allow him to inspect paper records at ICANN's Marina del Rey, Calif., office by next week.

    The court did not grant Auerbach a right to copy documents, something he had sought.

    Still, Auerbach said he was pleased with the ruling.

    "Now I'm actually going to look at materials I should have been able to see 18 months ago," he said.

    ICANN's bylaws gives directors "the right at any reasonable time to inspect and copy all books, records and documents of every kind." It also requires that ICANN establish reasonable procedures to protect confidentiality.

    ICANN tried to require Auerbach to first sign a nondisclosure agreement.

    Mary Hewitt, an ICANN spokeswoman, said the judge's order reflected much of what ICANN was prepared to permit if he had signed the agreement, noting that any disputes over disclosure would have ended in court anyhow.

    Nevertheless, she said ICANN was considering an appeal.

    The decisions of ICANN, which was selected in 1998 by the U.S. government, ultimately affect how users find Web sites and send e-mail.

    Auerbach is one of five elected members on the 19- member ICANN board. His term expires in November, and ICANN already has said it will not hold another round of elections.

    --
    I mod down anyone who uses M$ in their posts. I like to live on the edge.
  6. I'mSorryThatIsIncorrect! by Anonymous Coward · · Score: 1, Informative

    UK English considers companies and organizations plural - e.g. Salon have posted xyz, or Manchester United are a severely overrated soccer^H^H^H^H^H^Hfootball team.

    1. Re:I'mSorryThatIsIncorrect! by Anonymous Coward · · Score: 0

      Yet another reason to declare independence from them.

  7. remind me... by skydude_20 · · Score: 3, Insightful

    remind me again why we have to have these kinds of legal battles with the orginization that is "running" the Internet? Doesn't it counter the "priciples" of the 'net? (openness, sharing of knowledge, etc..)

    --
    Jesus saves souls and redeems them for valuable cash prizes
    1. Re:remind me... by Anonymous Coward · · Score: 1, Funny

      >Doesn't it counter the "priciples" of the 'net? (openness, sharing of knowledge, etc..)
      'net' is a registred trademark of Microsoft corporation.

    2. Re:remind me... by bons · · Score: 1, Insightful

      What principles are you talking about? I don't recall a single RFC that specifies that sort of stuff.

      I've read a lot of RFCs over the years and I somehow don't recall any of them having to do with openness, sharing of knowledge, or any of the other traits people keep thinking the internet ought to have.

    3. Re:remind me... by Oculus+Habent · · Score: 2, Funny

      Like all good non-profit organizations based in the US, ICANN has become corrupt, money-grubbing, and responsible to no-one for their actions.

      Do they offer a course in this or something?

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    4. Re:remind me... by Oculus+Habent · · Score: 5, Insightful

      We have the problem of equating the Internet with a truly distributed, open system controlled by no one and belonging to no one.

      Too often we forget that DNS is completely dependant upon 13 central systems, and much of the networking is commercially owned.

      That last part has come to mind recently, due to the troubles of KPNQwest and WorldCom.

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    5. Re:remind me... by GSloop · · Score: 2

      Oh, that's to go along with all the FOR PROFIT organizations, called Corporations?

      Yeah, the course is Intoduction to Greed 101 , along with Advanced Averace 401.

      Cheers!

    6. Re:remind me... by JabberWokky · · Score: 5, Interesting
      I've read a lot of RFCs over the years and I somehow don't recall any of them having to do with openness, sharing of knowledge, or any of the other traits people keep thinking the internet ought to have.

      I've read many of them over the years too. Perhaps you missed some like RFC 3271, titled "The Internet is for Everyone", or ones like 1121, a collection of poetry about the net, or 3271, a memorial to Jon Postel.

      The net was created by very intelligent people. Intelligent people tend to think about lots of things, including the importance of openness, sharing of knowledge, and keeping a very human perspective on the rigors of engineering a community.

      --
      Evan

      --
      "$30 for the One True Ring. $10 each additional ring!" -- JRR "Bob" Tolkien
    7. Re:remind me... by fuckface · · Score: 2, Insightful

      What principles are you talking about? I don't recall a single RFC that specifies that sort of stuff.

      I've read a lot of RFCs over the years and I somehow don't recall any of them having to do with openness, sharing of knowledge, or any of the other traits people keep thinking the internet ought to have.


      How could you have read all those many RFCs if the net wasn't built with principles of "openness and sharing of knowledge" in the first place? WTF do you think those RFCs are if not documents of "openness and sharing of knowledge"?

    8. Re:remind me... by Bartmoss · · Score: 1

      It's the child of a government agency. What do you expect? :)

    9. Re:remind me... by Anonymous Coward · · Score: 0
      The net was created by very intelligent people. Intelligent people tend to think about lots of things, including the importance of openness, sharing of knowledge, and keeping a very human perspective on the rigors of engineering a community.

      And therein lies the problem. Technologically speaking, the majority of people on the Earth are completely ignorant. And the people in power have absolutely nothing to gain and everything to lose by changing this.

  8. ICANN is trying to stomp out the public interest by dh003i · · Score: 4, Insightful

    ICANN has -- as we all know -- hindered Mr. Aeurbach and others representing the public interest since elected. Now, they're finally forced to give him access to all documents -- though he should also be given an unequivicol right to copy them and make them publicly available.

    It would be in character if ICANN went through before Friday and labelled all of their documents "confidential". These guys are crooks just like the people at Enron and Global Crossings.

    ICANN obviously realized what a mistake they made in "allowing public elections", as critics were elected. They're revoking elections so they can retain their totalitarian control. Fucking nazi's.

    Auerbach should have a permanent seat. No one on ICANN has done a better job than him. All the rest of them -- aside from that European elected fellow, allied with Auerbach -- are crooks.

  9. Heheh by TheDanish · · Score: 2, Funny

    Auerbach is one of five elected members on the 19-member ICANN board. His term expires in November, and ICANN already has said it will not hold another round of elections.

    Gee, isn't that convenient? Well, I suppose I don't blame them; if I had the choice and I were them I wouldn't, either.

    --
    Danish != nationality
    1. Re:Heheh by GrassyKnowl · · Score: 1

      Sounds like it is time for ICANN for be dismantled.

      Since they have not lived up to their contract, let the authority revert back to the Department of Commerce, which will buy time to establish a new board that will be more accountable.

  10. That makes a lot of sense. by Dthoma · · Score: 1
    "...and was required to give ICANN 10 days notice of release of any information marked "confidential" to give them the opportunity to seek a court order stopping him."

    Right. So if he decides to secretly leak the documents, he has to tell them a week and a half in advance?

    --

    Note to M1-ers: a curt but otherwise insightful message is not "Flamebait" or "Troll".

    1. Re:That makes a lot of sense. by rnturn · · Score: 4, Interesting

      Hmm... Wonder what would happen if he were to hand scan some of the more damaging documents (assuming that they exist) onto his laptop which would later turn up ``missing''. (``Gosh, I don't know what happened to it. I know I had it when I went into the NYT offices for that interview. I'll have to ask around.'')

      --
      CUR ALLOC 20195.....5804M
    2. Re:That makes a lot of sense. by karl.auerbach · · Score: 2

      I like my laptop and it would be a pain in the bottom to have to replace it.

      Besides, would the NYT know how to run Linux?

  11. Backgrounder by ke4roh · · Score: 5, Informative

    For those of you just tuning in, Auerbach was elected to the ICANN (Internet Corporation for Assigned Names and Numbers) board in November 2000 by the public at large. According to a Salon primer, ICANN "had already earned a reputation for ineptitude and closed-door policies that favor corporate interests. ... Auerbach intended to guide ICANN toward reform." He requested access to the financial records, he says, "[T]o find out where the money goes. Why does it take $2.4 million (47 applicants paid $50,000 each) to evaluate seven top-level domains?" As a director, according to California law, he was entitled to "the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind," but ICANN thought otherwise, and the suit whose outcome is the topic of this story followed.

    --
    I hate call waitin`~+~~~
    NO CARRIER
    1. Re:Backgrounder by Anonymous Coward · · Score: 2, Insightful

      Actually, the lawsuit was not about Karl's right to inspect the records. Read the filings.

      The lawsuit was about who got to decide what he got to do with the records besides look at them himself.

      Karl maintained it was not appropriate for ICANN to impose any restrictions whatsoever on what he personally as an individual decided to do with those records. ICANN maintained that it was not appropriate for an individual Director to assume all discretion over what could be done with the corporation's records; each Director has a fiduciary responsibility for the well-being of the corporation, but no Director decides alone what that is.

      The judge imposed a balance between the Director's right to inspect the records and the corporation's right to retain some control over what an individual does with the corporation's records. If they could have reached this compromise themselves, there would have been no lawsuit. But people on all sides preferred to be stubborn.

      It doesn't generally seem to occur to anyone that ICANN's records may have material in them that legitimately should be kept confidential. Everyone would far rather assume that the only possible motive for confidentiality here is for ICANN staff to conceal wrongdoing.

      Karl will be deeply disappointed to discover that there isn't really all that much money to start with; there's a lot that the USG and others have asked ICANN to do and limited sources of funding. Everyone wants something from ICANN, everyone wants ICANN to stop doing something else, and no one wants to pay. This is a real problem, which ICANN's reform process has tried (badly) to address.

      The saddest part is that people like Karl and the others associated with ICANN in their various ways, including most of its critics, should be teaming up against the real threats to the openness of the net, mostly the corporatization of access and content and the threats of *real* government regulation via the ITU: ICANN has fought VeriSign as far as feasible, has resisted the interest of various corporate powers in content control of the DNS, and has provided alternatives to the government control that would be imposed by turning over the DNS to the US government or to the EU or the ITU. As flawed as ICANN is, it's a compromise that successfully preserves many important values against some even worse alternatives.

      The lawsuit is mostly an unfortunate distraction.
      But if people would rather cheer mindlessly over a great victory for The Peepul, so be it. At least when they've crippled ICANN beyond any hope of effectiveness, there won't be anywhere for them to go to whine about it. You don't actually think the ITU and such agencies hold public meetings and comment boards where real people who are real users of the technology they oversee can actually speak, do you?

    2. Re:Backgrounder by osgeek · · Score: 2
      Bah, finally an AC with something to say, and no one has modded it up. Since I hate posting, "Mod the parent up!", I'll just quote him. Mod the parent up if you like what it says... I'm no karma whore, dammit! :)

      Actually, the lawsuit was not about Karl's right to inspect the records. Read the filings.
      The lawsuit was about who got to decide what he got to do with the records besides look at them himself.
      Karl maintained it was not appropriate for ICANN to impose any restrictions whatsoever on what he personally as an individual decided to do with those records. ICANN maintained that it was not appropriate for an individual Director to assume all discretion over what could be done with the corporation's records; each Director has a fiduciary responsibility for the well-being of the corporation, but no Director decides alone what that is.
      The judge imposed a balance between the Director's right to inspect the records and the corporation's right to retain some control over what an individual does with the corporation's records. If they could have reached this compromise themselves, there would have been no lawsuit. But people on all sides preferred to be stubborn.
      It doesn't generally seem to occur to anyone that ICANN's records may have material in them that legitimately should be kept confidential. Everyone would far rather assume that the only possible motive for confidentiality here is for ICANN staff to conceal wrongdoing.
      Karl will be deeply disappointed to discover that there isn't really all that much money to start with; there's a lot that the USG and others have asked ICANN to do and limited sources of funding. Everyone wants something from ICANN, everyone wants ICANN to stop doing something else, and no one wants to pay. This is a real problem, which ICANN's reform process has tried (badly) to address.
      The saddest part is that people like Karl and the others associated with ICANN in their various ways, including most of its critics, should be teaming up against the real threats to the openness of the net, mostly the corporatization of access and content and the threats of *real* government regulation via the ITU: ICANN has fought VeriSign as far as feasible, has resisted the interest of various corporate powers in content control of the DNS, and has provided alternatives to the government control that would be imposed by turning over the DNS to the US government or to the EU or the ITU. As flawed as ICANN is, it's a compromise that successfully preserves many important values against some even worse alternatives.
      The lawsuit is mostly an unfortunate distraction.
      But if people would rather cheer mindlessly over a great victory for The Peepul, so be it. At least when they've crippled ICANN beyond any hope of effectiveness, there won't be anywhere for them to go to whine about it. You don't actually think the ITU and such agencies hold public meetings and comment boards where real people who are real users of the technology they oversee can actually speak, do you?

    3. Re:Backgrounder by karl.auerbach · · Score: 2

      Yes, the dispute was about who gets to make the choices. But you made a common mistake when you think that the purpose of looking at the documents was to make them public. The purpose is to permit me to obtain information that would allow me to be better able to make informed decisions.

      There are many who believe that an elected director is like a publicly elected official to a governmental body. There is, however, quite a difference. Much as I wish I had the freedom under the law to act like an elected official, I can't. I have suggested in various places that square peg bodies such as ICANN do not really fit into the round holes created by the corporations laws of various states.

      ICANN has decreed that they can slap a label of confidentiality onto a document and then dictate the restrictions. That kind of thing effectively gives the majority the ability to keep the minority from seeing anything the majority doesn't want him/her from seeing. As the judge declared yesterday, that is contrary to public policy and California law.

      The win yesterday will largely be for naught unless ICANN directors other than myself make use of the now open-channel to information that my case has provided. If those directors remain true to their sit-back-and-consume-whatever-management-feeds-the m then ICANN will remain an opaque, unresponsive, and unaccountable body.

      This is one of the reasons why it is so important not to accept ICANN's recent "evolution" or "reform" attempts to eliminate elections by the public for directors on its board of directors.

  12. Job security? by dacarr · · Score: 1

    Does anyone see a connection? Mr. Auerbach raises a stink, and ICANN decides, "Hey! Let's not re-elect this SOB!" Of course, this is me, just restating the obvious. But then, all is fair in love, war, and corporate politics.

    --
    This sig no verb.
    1. Re:Job security? by Em+Emalb · · Score: 2

      But then, all is fair in love, war, and corporate politics.

      I hate this expression. All is not fair in any of the above. This is a case where they are trying like hell to cover their own tracks. I am beginning to think maybe Mr Auerbach is going about this in the wrong way. $2.7mil for 7 top level domains was given to ICANN. Go get the IRS involved, find out how much money went into the pockets of those board members. There's your real ticket. Creative accounting can only get you so far. Check the homes, the cars, the life-styles of the other members. There's your $2.7 million. Of course, I am sure the people doing the real work at ICANN are getting crapped on, just like everyone else.

      --
      Sent from your iPad.
  13. Post logged in by sulli · · Score: 0, Offtopic

    if your comment is real. It just looks like a troll to me.

    --

    sulli
    RTFJ.
  14. Good Going Carl! by www.sorehands.com · · Score: 2
    I met Carl, and he is a really nice guy.

    He is standing up for us little guys.

    1. Re:Good Going Carl! by Anonymous Coward · · Score: 0

      When you met him... did he tell you his name was spelled "Karl" with a "K" ???

  15. 10 days so they can do... what? by kelnos · · Score: 3, Insightful
    "...required to give ICANN 10 days notice of release of any information marked 'confidential' to give them the opportunity to seek a court order stopping him."
    oh really? or might this be the 10-day period of "oh shit let's see what we can cover up and hide in ten days so he doesn't find out?" while that is of course illegal, i wouldn't put it past them if there really is anything incriminating in those records. granted, they've had plenty of time to do so...

    does this seem to anyone else as just a pitiful bid for extra time? auerbach has been working for two years to get ahold of these documents. what could an extra 10 days possibly do for ICANN? they're just trying to be difficult on principle...
    --
    Xfce: Lighter than some, heavier than others. Just right.
    1. Re:10 days so they can do... what? by Anonymous Coward · · Score: 1, Informative

      > does this seem to anyone else as just a pitiful bid for extra time? auerbach has been working for two years to get ahold of these documents. what could an extra 10 days possibly do for ICANN? they're just trying to be difficult on principle...

      If there are enough of these 'confidential' docs, and he has to give 10 days' notice for each of them (..or is that notice good for a group of docs? The article didn't say), then he might find himself voted out of office before he can get all of them.

    2. Re:10 days so they can do... what? by son_of_rotten · · Score: 1
      That's the bit that jumped out at me, too.
      My imagination tells me the following scene will take place in the near future:

      "Alright, he's asked to see the documents, better start opening the cages!"

      :: Hundreds of well trained monkeys are let out to scamper amongst the file cabinets each armed with a red-inked stamp pad and a large rubber stamp which reads "LAITNEDIFNOC" ::
      -----------

      (No "That's not a mirror image" comments needed)

    3. Re:10 days so they can do... what? by pod · · Score: 1

      No, the 10 day notice is for publicly releasing any info in 'confidential' docs. Any bets on how many ICANN docs will suddenly become 'confidential'?

      --
      "Hot lesbian witches! It's fucking genius!"
    4. Re:10 days so they can do... what? by karl.auerbach · · Score: 2

      I was the one who proposed this notice period - I proposed it last September as a compromise to try to break the apparent deadlock. ICANN refused to accept it. The judge picked up my idea and has put it into the judgement and made it clear that the burden is on ICANN to demonstrate that a proposed publication is improper.

  16. Should be $2.4million, not 2.7 N/T by Em+Emalb · · Score: 1

    Cat got your tongue? (something important seems to be missing from your comment ... like the body or the subject!)

    --
    Sent from your iPad.
  17. where is a can of whup ass when you need it? by Anonymous Coward · · Score: 0
    Is it just me, or does ICANN need a serious ass kicking. Everyone already knows their greedy, self-serving SOB who have the slightest interest in doing what is good for the public.

    Desolve the damn organization already. If you're going to have a totalitarian body guarding the system, lets atleast be honest about it and not hide it behind "non-profit" bs.

  18. Why don't we have the will to replace ICANN? by btempleton · · Score: 5, Interesting

    As those who design DNS software know, the power over DNS resides not with ICANN, but collectively among all the people who configure the root server tables in the major sites and ISPs of the world, and in particular, in the sites that distribute the most common name servers (BIND and IIS) which come pre-configured with a root table that points at the official ICANN list.

    If the net community got together and could express a unanimous will, that table could be changed. No court would be needed. Governments would be hard pressed to stop it.

    But it requires near unanimity because a splintered net, where some people use some roots and the other half uses a different set, so names don't resolve the same, is bad for everybody.

    Unanimity is impossible over a given policy but it seems near-unanimity might well be possible over replacing ICANN with another body that will represent the users in choosing a replacement for ICANN. We might universally agree to make the change according to some democratic user-based process even if we don't know how the final decision will go. We just all have to agree to do whatever 51% of the users approve.

    How this works is documented on my web site at this essay along with my proposed possible replacement.

    But the key isn't if I can get unanimous support for my particularl proposal -- I can't. The question is, can we find a way to a path away from ICANN without yet agreeing on what it is?

    --
    Has it been over a year since you last donated to the Electronic Frontier Foundation
    1. Re:Why don't we have the will to replace ICANN? by nick_danger · · Score: 2, Insightful

      Dude, you've got a wonderful idea. It lacks the magic ingredient: $. Lots of $. Not to build the software. No, big $ -- cubic $ -- to pay for the bandwidth of a chunk of the world's name resolution traffic. I'm not sure, but it seems to me that at least some of the businesses that have the cash to make it happen, have an interest in keeping the system the way it is. It's easy to say "chuck the whole ICANN monopoly, let's build our own," but it's something entirely different to actually make it work.

      The opinions expressed above do not necessarily represent the views of the poster. The voices in the poster's head though, are pretty sure that's what they meant.

    2. Re:Why don't we have the will to replace ICANN? by btempleton · · Score: 2

      Actually, dollars are not the issue. Root servers actually can have a quite manageable load since they only have to tell you where the actual TLD servers are, and you cache that so you only ask quite rarely.

      The money to run a set of root servers can quite easily be arranged. It's the will that's currently lacking.

      --
      Has it been over a year since you last donated to the Electronic Frontier Foundation
    3. Re:Why don't we have the will to replace ICANN? by darqchild · · Score: 2, Interesting

      Well, we have OpenNic. I use them. If we could persuade our ISPs to configure their servers to use the open nic root, which of course is merged with the ICANN root and AlterNIC for the largest namespace, then we could eventually phase out ICANN.

      --
      What? Me? Worry?
  19. Marginalizing ICANN by FattMattP · · Score: 3, Interesting
    What will it take to marginalize ICANN? Isn't ICANN only an issue because we can't collectively agree on using new root nameservers? A huge task, I realize, but ICANN only has power because everyone in the net community continues to give them power. There's no technical reason that we can't take that power away from them, is there not?

    Please comment.

    --
    Prevent email address forgery. Publish SPF records for y
    1. Re:Marginalizing ICANN by GrassyKnowl · · Score: 1

      I think the net community should establish it sown alternate open governing authority for a community or root name servers and bypass this ICANN garbage. Later as the alternate board gets established and proves that it can openly mange the names, then it should petition the Department of Commerce to take over that current root name servers.

    2. Re:Marginalizing ICANN by FattMattP · · Score: 2

      Department of Commerce? Don't you mean Ministry of Commerce? Or some other country? Remember, the Internet shouldn't be run by a country.

      --
      Prevent email address forgery. Publish SPF records for y
    3. Re:Marginalizing ICANN by GrassyKnowl · · Score: 0, Troll

      Reverting it back to the Department of Commerce would only be temporary. At this point, The Department of Commerce would better than ICANN. At least you can petition the government.

    4. Re:Marginalizing ICANN by SuperDuG · · Score: 2

      ummm ... go here that's a link to OpenNic, which is exactly what you're asking for. Hell it goes one step further, everything is free.

      --
      Ignore the "p2p is theft" trolls, they're just uninformed
    5. Re:Marginalizing ICANN by GrassyKnowl · · Score: 0

      Can someone make an easy installer that can modify the DNS Server entries via a one click web installer or Windows 95/98/NT/2000/ME/XP? That would make adopting OpenNIC much easier.

    6. Re:Marginalizing ICANN by SuperDuG · · Score: 2

      Actually it's already being designed. here ya go... basically it's a plugin for mozilla/later netscape releases ...

      --
      Ignore the "p2p is theft" trolls, they're just uninformed
    7. Re:Marginalizing ICANN by Ioldanach · · Score: 3, Informative
      Department of Commerce? Don't you mean Ministry of Commerce? Or some other country? Remember, the Internet shouldn't be run by a country.

      Oh, the parent quite clearly meant Department of Commerce, as in the US DoC. As I recall, ICANN was chartered by the US DOC, therefore if they were to fail to execute their contract, ownership would fall back to the US DOC. Should the Internet be an international non-political entity? Sure, but I don't think anyone has enough crack to actually believe that will ever happen. At best the US will charter an organisation that has elected representation of the largest internet-using countries as well as a number of unaffiliated representatives.

  20. So what happens next? by ukryule · · Score: 3, Insightful
    Great. So he gets to read all the documents - one assumes that all of them will be marked 'confidential' (if they're not, then why didn't they let him see them in the first place?). So assuming that he'll then try to publically question some of the reports, ICANN will seek a court order to stop him releasing confidential information.

    So are we just in for another round of legal battles?

  21. peace, love and understanding... by simpl3x · · Score: 0, Flamebait

    as well as, "openness, sharing of knowledge, etc..." have ceased to be in the nue improved terrorist-free world. i believe that the puppet (affectionately known as W) has signed a bill effectively limiting such activity, as it might promote a loss of corporate income in the coming quarters.

  22. Re:ICANN is trying to stomp out the public interes by GrassyKnowl · · Score: 1

    If it looks loke a crook, quacks like a crook and smells like a crook, it is probably a crook.

  23. ICANN's response by Jonathunder · · Score: 4, Interesting
    ICANN has posted a statement responding to the decision. In part, the statement says:
    ... Judge Janavs ruled that California law does not permit California non-profit corporations to place any restrictions or conditions on director's inspection rights, but allows only courts to place restrictions, after a demand for inspection has been refused. In this respect, the court rejected ICANN's position. ICANN respectfully disagrees and will consider whether to appeal this decision upon review of the Court's written judgment, which will be issued next week.

    Of course, if an appeal allows them to delay revealing anything interesting until Auerbach is out of office, they will have won.

    1. Re:ICANN's response by Anonymous Coward · · Score: 0

      But, do your feet smell??

    2. Re:ICANN's response by davidu · · Score: 3, Informative

      The judge can specifically state that an appeal will not hold up his access to the data or request that this be granted by an appealate judge.

      IANAL, obviously, but it's no uncommon for a ruling to be held while the appeal is ongoing.

      The judge is well aware of his lack of time and any appeal judge would certainly respect the meaning of the original ruling allowing Karl to see the documents while the appeal was still in court.

      -davidu

      --

      # Hack the planet, it's important.
    3. Re:ICANN's response by Anonymous Coward · · Score: 0
      quoteth the Anonymous Coward:

      But, do your feet smell??

      Nob, bah mah noz iz running... tah-dah-da!

  24. E-Bay by Alsee · · Score: 5, Funny

    Has anyone else noticed the odd surge in bids on papers shredders at E-Bay lately?

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    1. Re:E-Bay by program21 · · Score: 1

      I'm surprised you can even find them anymore on eBay, I'd have figured they'd have all been Bought Now pretty quickly.

      --
      This has been a test. Had this been a real emergency, we would have fled in terror and you would not have been informed.
    2. Re:E-Bay by Alsee · · Score: 2

      I'd have figured they'd have all been Bought Now pretty quickly.

      Nah. The supply ran dry briefly when Enron bought them all up, but then they dumped them back onto E-Bay just in time for the Arthur Andersen buy-up, who then dumped them back on E-Bay just in time for the California government Oracle debacle...

      At which point they the E-Bay supply did briefly dry up because California did an internal transfer of the machines to their INS Center.

      But they dumped them back on the market in plenty of time for Global Crossing Inc. to buy them up and subsequently dump them back on the market for ICANN to buy them up.

      The tobacco companies however, do not participate in E-Bay auctions. They have standing policies on shredding documents. They keep "document shredders located 'throughout the building', as well as of a 'disintegrator' in the basement". Apparently they have to shred so many documents that they still have to "contract with security firm Group 4 to shred those less sensitive papers".

      And, and an added bonus, here's a link to THE ART OF RECONSTRUCTING SHREDDED DOCUMENTS.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  25. MOD PARENT UP by Anonymous Coward · · Score: 0

    LOLOL!

  26. Re:ICANN is trying to stomp out the public interes by Citizen+of+Earth · · Score: 1

    It would be in character if ICANN went through before Friday and labelled all of their documents "confidential".

    Why stamp what you can shred?

  27. Re:ICANN is trying to stomp out the public interes by GSloop · · Score: 1, Troll

    Hey AC, have the balls to actually post using even your pseudo account, and I'll go ahead and feed them to you for dinner.

    Till you actually can prove you have balls and post non AC though...I won't be holding my breath.

    Cheers!

  28. Re:ICANN is trying to stomp out the public interes by Nightpaw · · Score: 1

    Ah, the double curse of Godwin's Law and poor spelling. Ouch. Otherwise, I agree.

  29. Re:ICANN is trying to stomp out the public interes by Anonymous Coward · · Score: 0

    Hey AC, have the balls to actually post using even your pseudo account, and I'll go ahead and feed them to you for dinner.

    Till you actually can prove you have balls and post non AC though...I won't be holding my breath.


    Great argument! Wow, you've won me over to your side!

  30. Re:Good Going Karl! by Russ+Nelson · · Score: 2

    You obviously met him in person, because the proper spelling of his first name, Karl, is not exactly tattooed on his forehead.
    -russ

    --
    Don't piss off The Angry Economist
  31. Re:don't you mean by Russ+Nelson · · Score: 1, Offtopic

    No. A spelling flame must have exactly one spelling error in it, not two. This is not a spelling flame and so has zero spelling errors in it.
    -russ

    --
    Don't piss off The Angry Economist
  32. Replacing DNS by obi · · Score: 2, Interesting

    I've been pondering about maybe replacing the DNS system outright.

    Something that is distributed, and based on a kind of certification that the users give. Something that would of course have to be attack-resistent (in the sense that a single entity or small group can't profoundly influence the certification of a name->ip mapping on it's own)

    The major problem I see, aside from the obvious difficulties in implementing and deploying such a system, is in organising the namespace. Can a name be owned by more than one entity?

    You could imagine a system where names would have a subjective meaning, depending on what you and your 'friends' have certified. Other people could get a different entity for the same name.

    Needless to say this subjective view is more than just annoying if you think about email for instance. You don't know if a name will lead you to a specific entity. All you're sure of is that the people you trust have picked this one.

    Enforcing the one name-one entity mapping could however lead to problems like we currently have:
    - first come, first served is a good rule, but gives opportunities to cybersquatters. Conflicting trademarks need to be worked out. Big corp with a trademark practically always wins over an well-intentioned individual. Inevitably disputes follow, courts get involved, lawmakers get involved, everything gets messy and too expensive for individuals, so individuals drop out.
    - we could have a global certification where the majority of votes wins. But that leaves little protection for unpopular entities (ie tyranny of the majority).

  33. Court ruling by pberry · · Score: 5, Informative

    The EFF has the court ruling in HTML thanks to Cryptome. You can also read the press release.

    --
    -- Are you an EFF member yet?
  34. Re:ICANN is trying to stomp out the public interes by Anonymous Coward · · Score: 0

    I won't be holding my breath.

    please, do us all a favor and hold it until you fucking die.

    cheers!

  35. Well, ICANN will win regardless by Catbeller · · Score: 2

    Well, ICANN will win regardless, if you shift views of what they were trying to accomplish. They were running down the clock, and they've accomplished this. Soon the gadfly will be gone.

    Interesting. Even though the judge seems sympathetic, there is really no law to punish corporations who misbehave. WHO gets punished? So classic. No one really does. It's a win-win for them. And the very wealthy movers behind ICANN will still make their millions, or is it billions, in the years to come.

    1. Re:Well, ICANN will win regardless by Anonymous Coward · · Score: 0
      Don't the officers get held legally responsible for the actions of the corporation? Of course, it remains to be seen whether that'll actually happen to some of the culprits behind the recent financial frauds let alone some obscure (to the general public) corp. like ICANN. Wouldn't we all like the solution where all the officers do time until someone 'fesses up? Ah, one can still dream can't they?

      You'd think that ICANN leadership would be sensitive to the public's view of corporations about now. Here's Karl just trying to find out whether anything shady has taken place. And ICANN's efforts just make it look more like they're really trying to hide something. Nobody's going to be buying that ICANN's standing on some principle that this is private business and that all these documents shouldn't be made public.

      You're right though. ICANN's managed to pretty much run down the clock. Karl ought to be on a plane right now and waiting at the door at 8:00 AM tomorrow to start looking over those documents. Anyone want to bet that one second after midnight of the day when Karl's seat expires that ICANN drops all the pending court cases that they've started to stop Karl's document releases? Since he won't be a board member anymore, their problem will be neatly solved.

      (But don't worry! Esther Dyson's going to save the day for us! That'd really crack me up if it wasn't just another good example of the arrogance of the mindset of the current and former people running ICANN.)

    2. Re:Well, ICANN will win regardless by Anonymous Coward · · Score: 1, Interesting

      > Don't the officers get held legally responsible for the actions of the corporation?

      Eh? No.

      The act of "Incorporation" is, in fact, the payment of a bribe to the State. Always has been, always will be. It is an abuse of power rooted way back in history. Back then, you bribed the sheriff and you got away with robbing the citizenry. Today, the State bestows personal immunity on you for pretty much everything "The Company" does. Nothing more, nothing less.

      The only boundry is political. If you think Enron is the only set of thieves out there, you're sadly mistaken. But, examples have been made, heads have been lobed, and popular revolt was quelled. All is well with the world now. No?

      Look at Worldcom. Thieves. Outright thieves. Stole billions in investment money.... Look at what everyone's worried about...

      Not the investors, thats for sure. So Who? Everyone who kept so busy stealing all that money in the first place! The Management, the Employees, the Investment bankers.

      It's crap. The "Corporate" was rooted in history as an mechanism of outright fraud and and abuse of the public, and it will prove the downfall of humanity. Get over it.

    3. Re:Well, ICANN will win regardless by Chris+Johnson · · Score: 2
      That depends on what they were trying so desperately to hide, doesn't it?

      They sure were making a lot of effort to prevent information from ever getting out, if it was harmless information.

      o/` Enroooonnnn... o/`

    4. Re:Well, ICANN will win regardless by jpmorgan · · Score: 2, Informative

      Incorporated companies, limited companies, etc... limit the liabilities of the owners or shareholders of companies, not the directors. If you are a director (or officer) of a company you can in fact be held personally liable (both in a civil sense and a criminal sense) for quite a few things.

    5. Re:Well, ICANN will win regardless by Anonymous Coward · · Score: 0

      Yes, directors to some extent, but then only for acts they personally committed.

      Management is protected.

      Employees are protected.

      Even directors are protected, indirectly. Since they don't run the company, they really can't personally commit much in the Company's name.

      Shareholders are LEAST protected, by far. 1) They cannot be sued, but managment has pretty much an unfettered right to steal their money. 2) Shareholders and directors have no true right, as demonstrated in this case, to good and correct information about what they're investing in.

      The argument is that the acts of a company aren't the act of an individual, and thus individuals can't be held accountable.

      I repeat. The Corporate model is, always has been, and continues to be a fraud.

      Here's a simple "proof". You, as a citizen, help a friend paint his house for $100.

      1) Ok, you spill a bucket of paint -- you get sued and lose your house.

      2) Or, you pay the state bribe and incorporate. Corp now spills the paint, pay "you" $100 in salary - - you get sued and there's nothing left in the company to have. All is well.

      What is the differences between 1 and 2? 1) You bribed the state; and 2) In return, they "removed the right of justice" from your friend for you.

      Fraud.

    6. Re:Well, ICANN will win regardless by Anonymous Coward · · Score: 0

      > Not the investors, thats for sure. So Who? Everyone who kept so busy stealing all that money in the first place! The Management, the Employees, the Investment bankers.

      And the customers, too.

      Maybe the customers didn't "steal" it, as did the rest of them, but they were getting a deal that was too good to be true.

      Jumping through hoops to keep the company operating is simply allowing the masses of frauds that lead to the problem to continue collecting salary.

      Employees will still get paid, even though the were willingly collecting salary and not earning their keep.

      Managment will still get paid, even though they seem more than willing to commit fraud.

      Customers will feel no pain, even though they may, or should have known they were engaging in a "bad business" deal (FYI, "bad business" is when either party, winner or loser, willing enters into win-lose deal).

      Modern shareholders were LEAST responsible. They were lied to and have no recourse.

      Why is it we're so busily trying to keep Worldcom in business? Let it die, let the market move in and fill the void.

  36. The full verdict is on line by dirkx · · Score: 4, Informative
    From http://www.eff.org/Cases/Auerbach_v_ICANN/20020729 _superior_court_ruling.html - the most entertaining parts:
    • Having considered the applicable law and the undisputed facts presented herein, he court concludes that paragraphs 3, 5, and 6 of the Inspection Procedures conflict with section 6334 and Art. V, 21 of the Bylaws by unreasonably restricting directors' access to corporate records and depriving directors of inspection rights afforded them by law.
    • Furthermore, Lynn's 10/5/01 letter violates both section 6334 and Bylaws Article V, Section 21 because it deprives Auerbach of the inspection rights he has under law and imposes such unreasonable requirements as having to sign a confidentiality agreement and having to pursue burdensome review in any effort to enforce his inspection rights.
    • Additionally, the Inspection Procedures here apparently have not even been adopted by the ICANN Board of Directors, but were promulgated by an ad hoc group of functionaries consisting of the Audit Committee, Louis Touton, Diane Schroeder, and Lynn (Auerbach Dec. Ex. 17, 18, 21).
    • Based on the undisputed facts, there is no triable issue as to any material fact and Petitioner Auerbach is entitled to judgment as a matter of law granting his Petition for Writ of Mandate.
    I'd say - that is clear.
  37. Very Very Bad^H^H^HGood by A+nonymous+Coward · · Score: 2

    I haven't seen such an atrocious pun in ages, and it's bilingual, and two words, and ... and ... too bad! You deserve some sort of award. But I can't think of anything appropriate... yet.

    1. Re:Very Very Bad^H^H^HGood by Drakin · · Score: 1

      Peanuts... lots and lots of peanuts thrown at him shall be his award... here's a handfult to start.

      888888888

  38. Time to change the name... by still_sick · · Score: 4, Funny

    ...From ICANN to UCANT.

    --
    ...Also, I didn't know Buggalo could fly.
  39. You want OpenNIC by SuperDuG · · Score: 3, Interesting
    Okay, in all seriousness what you're asking for is OpenNIC. They have all the entries from ICANN along with their own. They also have entries from numerous other open roots across the world. Basically I see opennic as being the number one resource in taking away the power that ICANN holds. New.net had the right idea, but screwed it up when they popped themselves in with just about every bit of spyware out there, plus I don't know of anyone that actually uses their domains, no one mirrors them and they require a really funky plugin that messes up your TCP/IP in windows.

    None-the-less ... check out opennic

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
  40. Take the internet BACK! by SuperDuG · · Score: 2, Interesting
    Okay everyone, I keep reading the posts, ICANN is a non-profit organization that makes too much money and has too much power. If you think that, keep reading, if you want to go on about your day and think that this is something not worth fighting over, then that's your perrogative.

    The internet was based off of the ideas of intellectuals and academics, and has turned into a world nearly exactly opposite of what it was initially intended to do. No I'm not against any porn sites or anything else that is "wrong" with the internet today, I'll leave that battle for the conservatives.

    What we are seeing here is a group who likes the control they have and they will be damned if they are about to just give it up. And why should they, the only ones who are against them are the ones who have no real say in the matter, in terms of numbers. Have I purchased a few of the DNS entries that ICANN holds, of course, it's the only way that is widely accepted as a way to identify yourself on the internet.

    So where do we go from here? Stop supporting ICANN and start supporting something worth supporting. I support OpenNIC, a free and democratic DNS root. And not some democracy that ICANN has created, a real democracy where everyone gets one vote and that's it. The most votes, wins. Simple majority rules type of governance. While they aren't widely advertised like some other Alternate TLD's I can say that they aren't interested in doing this for the money. They are interested in doing this to take away ICANN's power/influence on us all. If we stop financially supporting ICANN than there will really be no reason for them to exist, they will be a company without assests, which in the capitalistic society we Americans live in, sucks.

    Basically I see it like this, if we can all band together and show that we as true computer intellectuals can become something great. A group that can out do the professionals. A group that is designed to have a fair DNS system. A group that is not ICANN. A group that is truly INTERNATIONAL. A group that knows that not everything has to be about money. Money is nice, but certainly some things are more important than money, and freedom happens to be one of them.

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
    1. Re:Take the internet BACK! by InsaneGeek · · Score: 1, Troll

      Alright, put down the bong and come back to reality, instead of fairy land.

  41. Re:Good Going Karl! by www.sorehands.com · · Score: 2

    But, it was on his name tag.

  42. Re:You want OpenNIC by btempleton · · Score: 4, Insightful

    No, I am not talking about opennic or new.net or similar. A splintered net is useless, which is why nobody uses these extra TLDs. I have yet to see any of these extra TLDs appear in a URL, ad, billboard or E-mail address, and for good reason.

    There is a natural monopoly in the root. We all have to use the same root, or I can't tell you my e-mail address and expect you to be able to e-mail me with it. Or I have to tell you which root I use, which means a super-root that lists roots, in otherwords a shared root once again.

    Attempts at alternate roots will fail both because of this, and because most of them so far have just tried to be a different ICANN. They still wanted to hand out TLD monopolies to people and create TLDs with inherent meaning.

    A really workable system has to have all TLD operators (and thus the 2lDs under them) on an even footing. If they are not on an even footing you get artificial scarcity as people try to own meaningful words and phrases ahead of everybody else. Then you get conflict.

    Nobody has done this.

    --
    Has it been over a year since you last donated to the Electronic Frontier Foundation
  43. Re:You want OpenNIC by SuperDuG · · Score: 4, Informative
    Did ya even bother going to OpenNIC's website???

    From the www.opennic.unrated.net website

    The OpenNIC is a user owned and controlled Network Information Center offering a democratic, non-national, alternative to the traditional Top-Level Domain registries.

    Users of the OpenNIC DNS servers, in addition to resolving host names in the Legacy U.S. Government DNS, can resolve host names in the OpenNIC operated namespaces as well as in the namespaces with which we have peering agreements (at this time those are AlterNIC and The Pacific Root).

    There ya go ... problem solved ...

    --
    Ignore the "p2p is theft" trolls, they're just uninformed
  44. Re:You want OpenNIC by GrassyKnowl · · Score: 0

    I think the alternative root idea does have a chance if the is only one main competing alternative name server authority. That way, the net will not be unbearably splintered.

  45. I forgot to mention by www.sorehands.com · · Score: 2
    That Karl had Slashdot veteran and Censorware.org founder Attorney Jim Tyre was representing Karl.

  46. Re:You want OpenNIC by BrookHarty · · Score: 4, Insightful

    But the flow isnt 2 way. What happens to the AOL user who can resolve your domain? This is why most splinter DNS NICs dont work.

  47. Board of Directors by Anonymous Coward · · Score: 0

    Board of Directors

    * Vinton G. Cerf, Chairman
    * Alejandro Pisanty, Vice-Chairman
    * Amadeu Abril i Abril
    * Karl Auerbach
    * Robert Blokzijl
    * Ivan Moura Campos
    * Lyman Chapin
    * Jonathan Cohen
    * Frank Fitzsimmons
    * Masanobu Katoh
    * Hans Kraaijenbrink
    * Sang-Hyon Kyong
    * M. Stuart Lynn
    * Andy Mueller-Maguhn
    * Jun Murai
    * Nii Quaynor
    * Helmut Schink
    * Linda S. Wilson

    VINTON G. CERF

    Vinton G. Cerf is senior vice president of Internet Architecture and Technology for WorldCom. Cerf is the co-designer of the TCP/IP protocol, the communications protocol that gave birth to the Internet and which is commonly used today. In December 1997, President Clinton presented the U.S. National Medal of Technology to Cerf and his partner, Robert E. Kahn, for founding and developing the Internet.

    Prior to rejoining MCI in 1994, Cerf was vice president of the Corporation for National Research Initiatives (CNRI). As vice president of MCI Digital Information Services from 1982-1986, he led the engineering of MCI Mail, the first commercial email service to be connected to the Internet.

    During his tenure from 1976-1982 with the U.S. Department of Defense's Advanced Research Projects Agency (DARPA), Cerf played a key role leading the development of Internet and Internet-related data packet and security technologies.

    Cerf served as founding president of the Internet Society from 1992-1995 and as the chairman of the Board from 1998-1999. He is a fellow of the IEEE, ACM, American Association for the Advancement of Science, the American Academy of Arts and Sciences and the National Academy of Engineering.

    Cerf holds a Bachelor of Science degree in Mathematics from Stanford University and Master of Science and Ph.D. degrees in Computer Science from UCLA. He also holds honorary Doctorates from the University of the Balearic Islands, ETH in Switzerland, Capitol College and Gettysburg College.

    Alejandro Pisanty is currently Director of Computing Academic Services at UNAM, the National Autonomous University of Mexico, in Mexico City, Mexico. He also serves as Chairman of the Board of CUDI, Corporación Universitaria para el Desarrollo de Internet, the Mexican Internet 2 Consortium, as well as of ISOC Mexico. He has served UNAM as Coordinator of the Distance Education Project (1995-1997), Technical Secretary of the Computing Advisory Council (1991-1997) and Head of the Graduate School in Chemistry (1993-1995). He is a Professor in the School of Chemistry. From UNAM he also leads the National Network for Videoconference in Education.

    Mr. Pisanty received a Bachelors degree in Chemistry, and M. Sc and Ph. D. Degrees in Physical Chemistry from UNAM. He was a postdoctoral fellow at the Max-Planck-Institut für Festkörperforschung in Stuttgart, Germany (1984-1986).

    He was selected for the ICANN Board by the Domain Name Supporting Organization.

    AMADEU ABRIL I ABRIL

    Amadeu Abril i Abril teaches European Union Law, Competition Law, and IT Law at ESADE Law School, Ramon Llull University (a private University based in Barcelona). He also is an attorney-at-law specialising in distribution contracts, competition law and IT law. He was admitted to the Barcelona Bar in 1985, where he currently serves as Secretary to its Competition Law & Policy Section. Between 1986 and 1988 he worked at the European Commission's Directorate General for Competition Policy.

    His private practice has been significantly reduced since 1997, as he has been acting as a consultant on Internet and e-commerce affairs to a number of European companies, most notably as Legal & Policy Advisor to Nominalia Internet SL, a domain-name registrar. He has been and is also involved in a number of pro-bono Net-related initiatives, such as BCNet, a local community network; a pioneering project on electronic democracy (http://bcnet.upc.es/democ.htm); and the domini .ct campaign, a 7000+ adherents strong campaign seeking the recognition of a TLD aimed for the Catalan-speaking cultural community. He has been specially involved in all the DNS reform process that eventually has brought ICANN into existence. He was elected to the gTLD-MoU Policy Oversight Committee. He was a member of the DNSO Names Council representing the Registrars Constituency until his selection for the ICANN Board of Directors, and co-chaired DNSO Working Group A on uniform dispute resolution policy.

    Amadeu Abril i Abril obtained his law degree from the University of Barcelona in 1985, and continued his legal education in different post-graduate and research programs at the Centre Européen Universtaire of the University of Nancy II (France), the Institut d'Études Européenes of the Free University Brussels (Belgium) and the European University Institute at Florence (Italy).

    Amadeu was selected for the ICANN Board by the Domain Name Supporting Organization.

    ROBERT BLOKZIJL

    Robert Blokzijl is a founding member of RIPE, the European open forum for IP networking. Since its foundation in 1989, he has been chairman of this organization, and was instrumental in the creation of RIPE NCC in 1992 as the first Regional Internet Registry in the world.

    Prior to this, he has been active in building networks for the particle physics community in Europe.

    Robert Blokzijl graduated from the University of Amsterdam (1970) and holds a doctorate in experimental physics from the same university (1977). He is currently employed by the National Institute of Nuclear Physics and High Energy Physics (NIKHEF).

    Rob was selected for the ICANN Board by the Address Supporting Organization.

    Ivan Moura Campos

    Ivan Moura Campos is a founder and CEO of Akwan Information Technologies, and Chairman of the Internet Steering Committee of Brazil, in charge of the registry services for the ".br" ccTLD. Formerly, Professor of Computer Science at the Federal University of Minas Gerais, Brazil, where he also acted as Department Chairman and Dean of Graduate Studies. More recently, Director of Special Programs at the National Research Council of Brazil (CNPq), Secretary for Informatics Policy of Brazil, and Secretary for Science and Technology of his home state of Minas Gerais.

    In those capacities, he has led the creation and run three fairly succesful projects in Brazil, all of them still in full operation:

    * National Research Network (RNP), the pioneer Internet backbone in Brazil, connecting virtually all universities, schools, public libraries and research centers. Since its creation in 1993, Internet hosts in Brazil jumped from almost none to around 450.000 as of January of 2000. He has also co-authored the rationale, later issued as federal regulations, whereby the Internet was fully deregulated in the country.
    * SOFTEX-2000, the Software for Export Program, currently involving several hundred software start-ups in Brazil and representation offices in the United States, People's Republic of China and Germany.
    * PROTEM, a university/industry partnership program for research in Information Technology, responsible for giving more focus and economic relevance to the research themes in Brazilian academia.

    Ivan has a Ph.D. in Computer Science from the University of California, Los Angeles.

    Lyman Chapin

    Lyman Chapin is Chief Scientist at NextHop Technologies, an Internet routing software company. Before joining NextHop in 2001, he was Chief Scientist at BBN Technologies. Mr. Chapin is a Fellow of the IEEE, and has been an active contributor to global networking and the Internet for 30 years as an architect, implementor, and diplomat. He has served as chairman of the Internet Architecture Board (IAB), the ACM Special Interest Group on Data Communication (SIGCOMM), and the ANSI and ISO standards groups responsible for Network and Transport layer standards, and was a principal architect of the Open Systems Interconnection (OSI) model and protocols. He was a founding trustee of the Internet Society, and in 1997 co-founded the Wiley Networking Council publication series at John Wiley & Sons. Mr. Chapin currently serves as the USA representative to the International Federation for Information Processing (IFIP) Technical Committee on Communication Systems (TC6) and to the NATO Science Committee's networking panel.

    Mr. Chapin is the co-author of Open Systems Networking--TCP/IP and OSI, which was published in 1993 by Addison-Wesley. His current professional interests include Internet routing and traffic engineering, naming and addressing, information security and personal privacy, and electronic payment systems. He lives with his wife and two daughters in Hopkinton, MA (USA).

    Lyman was selected for the ICANN Board by the Address Supporting Organization for a three-year term starting in October 2001.

    JONATHAN COHEN

    Jonathan Cohen is the Senior, Managing Partner of the Shapiro Cohen Group of Intellectual Property Practices, located in Ottawa, Canada. He has practised in all areas of intellectual property (IP) law since 1971, and has lectured and written extensively both in Canada and internationally on various aspects of trade-mark law, including, more recently, domain name issues. Mr. Cohen is actively involved in numerous national and international IP organizations, such as FICPI, AIPPI, AIPLA, INTA, IPIC, IPBA, LES, MARQUES, APLA, CBA, and IBA, which collectively represent the interests of all categories of intellectual property stakeholders, including small and large businesses, and individuals. Mr. Cohen has taken an active role in Internet governance reform and the ICANN formation process from the start, beginning with his participation in the WIPO-IAHC meetings in Geneva in 1997, through the formation of the DNSO, and ultimately the Intellectual Property Constituency, where he served as the IPC's first President and Names Council representative until his election to this Board. Mr. Cohen has also co-chaired Working Groups A and B, and worked on the Registrars'; Uniform Dispute Resolution Policy.

    Mr. Cohen holds a Bachelor's degree in Sociology from Carleton University (1967) and Bachelor of Laws degree from Osgoode Hall Law School (1969).

    He was selected for the ICANN Board by the Domain Name Supporting Organization.

    FRANK FITZSIMMONS

    Frank Fitzsimmons is the Chief Operating Officer for Iridian Technologies, the exclusive developer of biometric authentication and identification technology based on patents for iris recognition.

    Prior to joining Iridian, Frank was Senior Vice President, Global Marketing for Dun & Bradstreet, where he is responsible for the implementation of new global marketing initiatives in the areas of access systems, software and consulting partner marketing, Internet applications, electronic markets, and value-added products. Mr. Fitzsimmons was Vice President, Applications Marketing (1994-96), where he was responsible for the development of new products and new markets for D&B-U.S. In this role, he managed "start-up" type teams to develop strategies, products and distribution capabilities. He was also Vice President, Finance for the Business Marketing Services Division and Vice President, Strategic Planning for D&B Information Services, North America.

    Previously, he held positions in Finance and Planning for Amerada Hess and the international divisions of W.R. Grace & Co. Mr. Fitzsimmons hold a Bachelors degree in accounting from Ithaca College and a M.B.A. degree in finance from Columbia University.

    He was appointed as one of ICANN's nine initial directors in October 1998.

    MASANOBU KATOH

    Masanobu Katoh has served as an ICANN director since 16 November 2000, having been chosen to represent the Asia-Pacific region in the At-Large voting process conducted in October 2000. Prior to his service on the Board of Directors, he was the Asia-Pacific representative of the business constituency on the Names Council of the Domain Name Supporting Organization (DNSO), which develops and recommends policies concerning the Internet's technical management of domain names.

    He is General Manager of the Fujitsu Limited, Washington, D.C. Office. He is an active participant in numerous organizations currently addressing public policy issues affecting the information technology industry.

    Mr. Katoh serves as the Chairman of the Electronic Commerce Committee of the Forum for the Global Information Infrastructure (GIIC). He is also Chairman of the Internet Law and Policy Forum (ILPF); the U.S. Japan Business Council, the World Information Technology Services Alliance (WITSA), the International Information Industry Congress (IIIC), and the Alliance for Global Business (AGB).

    Mr. Katoh received his Bachelors of Law degree at the University of Tokyo and his Masters of Law degree from the University of Michigan Law School.

    HANS KRAAIJENBRINK

    Hans Kraaijenbrink is a member of the Executive Board of ETNO, the European Telecommunications Network Operators association, located in Brussels. He is also Manager, European Policy and Regulation with Royal KPN N.V., the Netherlands where he is responsible for European and international regulatory strategic affairs.

    Previously, he worked for the Dutch Ministry of Economic Affairs, responsible for information technology and the services sectors, and for the Ministry of Transport, Public Works and Water Management. He was also a member of the management team of the Telecommunications and Posts Directorate in the initial phase of the Dutch Telecommunications Regulator.

    Mr. Kraaijenbrink graduated from Delft University (1966).

    He was appointed as one of ICANN's nine initial directors in October 1998.

    SANG-HYON KYONG

    Sang-Hyon Kyong is Professor of Telecommunications Management and Policy, Graduate School of Management, Korea Advanced Institute of Science and Technology, Seoul, Korea. He also serves as Governor of International Council for Computer Communication (ICCC), Member of the Board of Multilingual Internet Names Consortium (MINC), and Chairman of the Board of Asia-Pacific Advanced Networking Korea (APAN-Kr) Consortium.

    He was Minister of Information and Communication and Vice Minister of Communications in the government, President of National Computerization Agency, President of Electronics and Telecommunications Research Institute (ETRI), Executive Vice President of Korea Telecom, and Member of Research Staff at ETRI, all in Korea. In these roles, he participated in, and in many cases initiated, programs that led to today's telecommunications industry liberalization, information technology infrastructure, and the wide-spread use of the Internet in the country.

    Prior to these activities in Korea, he was on the technical staff at Bell Laboratories and Argonne National Laboratory in the U.S.

    He holds a B.S. degree in chemical engineering from the University of Rhode Island (1961) and a Ph.D. degree in nuclear engineering from MIT (1966).

    He was selected for the ICANN Board by the Address Supporting Organization.

    M. STUART LYNN

    Stuart Lynn is President and CEO of ICANN, a position he has held since March 2001.

    Prior to joining ICANN he had retired from the position of Associate Vice President for Information Resources and Communications at the University of California Office of the President. In this position he served as CIO of the University of California System responsible for IT policy, planning and coordination across the University. He was also the first President and Chair of the Board of CENIC, the consortium of California universities responsible for advanced services networking in support of the national Internet2 effort. He was part of the founding Internet2 consortium and served as an initial director.

    Earlier Lynn's career spanned both the academic and private sector, mostly in the USA. He was Vice President for Information Technologies at Cornell University, following academic and administrative positions at Rice University and the University of California at Berkeley. Earlier in his career he was Director of IBM's then Houston Scientific Center.

    He has served on numerous boards of directors, councils, and committees of professional societies and other not-for-profit organizations, and on advisory councils to the private sector.

    Lynn's undergraduate work was at Oxford University, England; he subsequently obtained his Ph.D. in mathematics at UCLA, USA. He is a Fellow of the ACM.

    ANDY MÜLLER-MAGUHN

    Andy Mueller-Maguhn has been on the ICANN Board of Directors since November 2000. He was chosen to represent the European region in the At-Large voting process conducted in October 2000. He a citizen of Germany, 28 years old, and is a professional journalist.

    For over 16 years he has been studying technological and social developments in the area of electronic networks. He has been a member of the Chaos Computer Club since the early eighties and serves on its board. Through this work, he gets in touch with and looks after projects that claim a critical and creative handling of technology. The main part of this work lies within the future-compatible structures and lifeforms and in the attempt to support those developments through transparency.

    JUN MURAI

    Jun Murai is currently Professor, Faculty of Environmental Information, Keio University (Japan); Adjunct Professor at the Institute of Advanced Studies, United Nations University; Instructor at Tokyo University of Art and Music; President of the Japan Network Information Center (JPNIC); General Chairperson of the WIDE Project (a Japanese Internet research consortium); Vice Chairperson of the Japanese chapter of the Internet Society; and Vice President of the Japanese Internet Association. He is a member of the board of the Internet Society.

    Previously, he developed the Keio Science and Technology Network, and the Japan University UNIX Network (JUNET). His research has centered on electronic observation, satellite Internet, multimedia Internet, and mobile and ubiquitous computing.

    Mr. Murai graduated from Keio University (1979), holds a Master's degree in computer science from Keio University (1981), and a Doctorate in computer science from Keio University (1987).

    He was appointed as one of ICANN's nine initial directors in October 1998

    NII NARKU QUAYNOR

    Nii Quaynor is the At-Large Director of ICANN chosen from the African region in the October 2000 At-Large voting process. He has played an important role in the telecommunications industry in West Africa by introducing Value Added Networks in the region through the introduction of the SWIFT, Internet and Commerce networks whilst building human resources across the continent. He is Chairman and Chief Executive Officer of Network Computer Systems

    He established the computer Science Department at the University of Cape-Coast in Ghana. He also is a member of the United Nations Secretary General Advisory Group on ICT, Chair and of the OAU Internet Task Force, Chairman of the AfriNIC, member of the Worldbank Infodev TAP, member of the ITU Telecom Board, President of the Internet Society of Ghana, and member of the Council of the University of Ghana.

    He received a B.A. in engineering science from Dartmouth College in 1972 and received a Bachelor of Engineering degree from Thayer School of Engineering in 1973. He obtained M.S. and Ph.D degrees in Computer Science in 1974 and 1977 respectively from State University of New York at StonyBrook.

    HELMUT SCHINK

    Helmut Schink works for Siemens as Director for Advanced Standards. In this role he closely cooperates with product development and operators. This covers the areas of Internet and broadband technology.

    His expertise includes strategic standardisation, strategic product planning, corporate consulting and business development as well as semiconductor physics and device development. He hold a doctors degree in physics. Previous occupations include semicoductor process technology and business development.

    He is heavily engaged in the standards-setting arena as a chair of the global ETSI project TIPHON which develops specification for IP Telephony from an end-to-end point of view. He also serves as rapporteur for the Global Information Infrastructure Project in ITU. In the Internet Society (ISOC) he is the officer for standards of the Advisory Council articulating the requirements of the industry.

    LINDA S. WILSON

    Linda S. Wilson is president emerita of Radcliffe College and a Senior Lecturer at the Harvard Graduate School of Education. She served as president of Radcliffe for a
    decade. Previously, she was vice president for research at the University of Michigan, served in the senior administrations of the University of Illinois and Washington University, St. Louis, and was a research faculty member of the University of Maryland.

    She is a Trustee of the Committee on Economic Development, a Director of Myriad Genetics, Inc. and Inacom, Inc., and Honorary Trustee of the Massachusetts General Hospital, a member of the Board of Visitors for the University of Wisconsin College of Letters and Science, and a member of the Dean's Advisory Council of Newcomb College. Previously, Ms. Wilson served as a Trustee of the Massachusetts General Hospital, a Director of Citizen's Financial Group, Inc. and Value Line, Inc., a member of the Board of Associates of the Whitehead Institute, a charter member of the National Academy of Sciences Government-University -Industry Research Roundtable, and as a member of the National Commission on Research. She chaired the National Research Council's Office of Scientific and Engineering Personnel for six years. She served on the Council of the Institute of Medicine of the National Academy of Sciences, on the IOM Committee on Government-Industry Research Collaboration in Biomedical Research and Education, and on the IOM Committee on the National Institutes of Health Research Priority-Setting Process. She also served on the Carnegie Commission on Science, Technology and Government Task Force on Science, Technology and the States. She was a member of the Director's Advisory Council of the National Science Foundation for nine years and served on numerous advisory committees established by the National Institutes of Health, the National Science Foundation, the U.S. Department of Energy, as well as on committees of the American Council on Education, the National Association of College and University Business Officers, the Council of Graduate Schools, the Association for the Advancement of Science, and the American Chemical Society. She is a member of the Institute of Medicine of the National Academy of Sciences, a Fellow of the American Association for the Advancement of Science, and a member of the American Chemical Society.

    Ms. Wilson received a Bachelor's degree from Sophie Newcomb College, Tulane University, and a Ph.D. in inorganic chemistry from the University of Wisconsin. She received an Honorary doctorate in Humane Letters from Newcomb College, Tulane University, an Honorary Doctorate of Letters from the University of Maryland, the distinguished Alumni Award from the University of Wisconsin, a Centennial Award from Newcomb College, the Radcliffe Medal from Radcliffe College, and other honors.

    She was appointed as one of ICANN's nine initial directors in October 1998.

    Karl Auerbach

    Henry C. Yuen Fellow of Law and Technology at the California Institute of Technology (CalTech) and Loyola Law School.

    Advanced Internet Architectures group in Cisco's Office of the Chief Technical Officer (CTO)

    I consider myself intimately versed in the Internet and its technology - I've been involved with the development of Internet technology for nearly three decades and have been active in the IETF for nearly a decade and a half. I've been involved with a fair number of standards and have done of implementations of everything from DNS to RTP/RTCP, from TRACEROUTE to MTRACE, and from RSVP to SNMP. (And many more - I won't even mention the NetBIOS over TCP diversion.)

    I consider myself intimately versed in the Internet and its technology - I've been involved with the development of Internet technology for nearly three decades and have been active in the IETF for nearly a decade and a half. I've been involved with a fair number of standards and have done of implementations of everything from DNS to RTP/RTCP, from TRACEROUTE to MTRACE, and from RSVP to SNMP. (And many more - I won't even mention the NetBIOS over TCP diversion.)


    Around 1986 I founded Epilogue Technology Corporation. John Romkey and Dave Bridgham came out to California to work with me. (Wow, was I flattered!!) John wrote a router one weekend. Since I consider myself a pretty good hacker, I tried to write SNMP in a weekend. It took me three weeks, but overall it is was a rather nice piece of code. That SNMP engine is, I believe, the most widely deployed SNMP in the universe.

    In 1991 I formed Empirical Tools and Technologies Corporation, where I had a chance to code up some ideas I'd been thinking about for a few years. The result is a product called "Dr. Watson, the Network Detective's Assistant". (199K bytes) In my humble, and clearly unbiased opinion, it is the single most useful tool for the installation and troubleshooting of TCP/IP networks.


    - Ripped from webpages for you reading.

  48. Re:ICANN is trying to stomp out the public interes by Anonymous Coward · · Score: 0

    "...Auerbach should have a permanent seat."
    Ummm, *that* sounds like more of a Nazi attitude than requiring the gentleman to sign a confidentiality agreement.

  49. Re:Wrong Name (spoiler) by retiarius · · Score: 1

    this is an old victor borge joke.

    (same routine as the pseudo-germanic "i wonder who's kissing[h]er now".

    or was it the numerological riff "any two five eleven-is?",
    within same equivalence class as
    "any zero three nine-is?"...)

  50. Democracy - Dictatorship by Phili · · Score: 2, Interesting
    ICANN already has said it will not hold another round of elections

    Sounds to me like: Democracy is no fun, if someone does not fully agree and follow the flock.

    So lets get back to dictatorship.

    If is interesting to note, that the US home os the ICANN, tries to get rid of all of the dictators of this world.

    1. Re:Democracy - Dictatorship by Mikeytsi · · Score: 1

      No, we try to get rid of dictators that are in opposition of our interests. Don't kid yourself.

      --
      I've been called a "Fucking Dick" by better people than you.
  51. It's the money that gives them the power by mumkin · · Score: 3, Informative
    The problem I see with this is that (as I understand it) in order to Take The Internet Back we all have to not only agree to switch to OpenNIC (lest the net become fragmented), but also switch to using completely non-standard TLDs. Currently a portion of every registration fee we pay to our ICANN-approved registrars goes back to ICANN, right? So in order to cut off their power there could be no more .com, .net, .uk, .cx, etc. That seems even less likely than universally reconfiguring to an OpenNIC root.

    Now, if the TLDs got more uppity and took a page from the US's book on paying its UN dues, well, maybe this wouldn't be an issue.

    1. Re:It's the money that gives them the power by SuperDuG · · Score: 2
      This is everyones misconception about OpenNIC.

      from the opennic website.

      The OpenNIC is a user owned and controlled Network Information Center offering a democratic, non-national, alternative to the traditional Top-Level Domain registries.

      Users of the OpenNIC DNS servers, in addition to resolving host names in the Legacy U.S. Government DNS, can resolve host names in the OpenNIC operated namespaces as well as in the namespaces with which we have peering agreements (at this time those are AlterNIC and The Pacific Root).

      Membership in the OpenNIC is open to every user of the Internet. All decisions are made either by a democratically elected administrator or through a direct ballot of the interested members and all decisions, regardless of how they are made, within OpenNIC are appealable to a vote of the general membership.

      Right there ... they do um all plus their own. That's what's so great, you can use OpenNic, but you don't have to give up what you're used to.

      --
      Ignore the "p2p is theft" trolls, they're just uninformed
    2. Re:It's the money that gives them the power by mumkin · · Score: 2
      Yeah, I know that OpenNIC covers the "Legacy Namespaces" as well. My point was that for every "traditional" domain you register or renew, a portion of your reg fee will be sent to ICANN -- they invoice the TLD registrars for their "fair share" kickback to the ICANN mothership.

      ICANN sends out a letter like this, hitting up the TLD Registries to drop some cash in their sacred offering plate.

      Their efforts (for 2000, at least) appear to be halfway successful!

  52. Delays... by Bartmoss · · Score: 4, Funny

    "Your honor we need to drag this trial out just two days more while we get the rest shredded."

  53. Re:You want OpenNIC by btempleton · · Score: 2

    Not only does OpenNIC not solve the problem, it appears to be little better than ICANN, handing out ownership of ordinary words like "geek" to those who are simply the first to claim them.

    Even the trademark lawyers, usually the bad guy in this, worked out centuries ago that you don't give ownership in real words to anybody. The generic terms can't be owned, only brands.

    Nobody should own "com" or "museum" or "aero" or "org", or 2LDs within them. But we do have that, so we fight over it.

    --
    Has it been over a year since you last donated to the Electronic Frontier Foundation
  54. Two questions by musicmaster · · Score: 0, Offtopic

    1. Where is George Bush?
    The US government is rather influential in this. I wouldn't be surprised if they had something at stake here too. Otherwise they would have interfered long before.

    2. Harass the board with questions please!
    Vincent Cerf and some other board members give a lot of public lectures (and probably make a lot of money from it). If they speak near you: go to the lecture and ask the tough questions!

  55. What about USENET style creation? by horza · · Score: 2

    The USENET newsgroup hierarchy seems to have worked quite well. The newsgroup names are very similar to domain names. Why not copy that model? For instance you get enough votes to create a 'developer.php', and then anyone can sell subdomains of that.

    Phillip.

    1. Re:What about USENET style creation? by btempleton · · Score: 2

      It is not fair to give ownership of words to people simply because they claimed them first. Trademark law worked out that principle over centuries. Nobody should get monopoly control over ordinary words that have intrinsic meanings. Not the TLD owner, not the 2LD registrants. When there was only .com for business in people's minds, people paid fortunes for names like drugstore.com because it let them own an english word like drugstore. Something trademark law had forbidden for good reasons.

      --
      Has it been over a year since you last donated to the Electronic Frontier Foundation
    2. Re:What about USENET style creation? by mengel · · Score: 1

      I think we simply need to make TLD's a higher meta-level. So for example, if you have a trademark for name DrugCo, you would be "drugco.drug.tm" which says that the drugco part is a drug releated trademark. If you're the City of Nowheresville Illinois, USA, you could have a domain name of nowheresville.il.us.map 'cause it is a place on the map.

      --
      - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
    3. Re:What about USENET style creation? by btempleton · · Score: 2

      Unfortantely trademark space is not a simple hierarchy that can be easily codified. That was my first idea, but it doesn't work.

      Please note this is a 2 day old slashdot thread, and nobody reads those so I will not comment further

      --
      Has it been over a year since you last donated to the Electronic Frontier Foundation
  56. The best way for Auerbach to fix ICANN by Rogerborg · · Score: 1, Flamebait

    Is the same method that Claus von Stauffenberg tried back in 1944 to get rid of a paranoid delusional dictatorship. He just needs to use a bigger briefcase.

    Am I joking? I'm not entirely sure. I believe that ICANN has slipped from beyond commonplace self serving greed and incompetence into blatantly self preserving malice bording on genuine evil. The evil they inflict on any individual is small, but summed up, they are having a dreadful long term effect on what could be a wonderful medium for We, the People.

    Am I really advocating killing the board of ICANN? Mmm. Probably not. But I doubt if I'd shed a tear if an asteroid hit their next board meeting.

    --
    If you were blocking sigs, you wouldn't have to read this.
  57. Re:ICANN is trying to stomp out the public interes by Disevidence · · Score: 1

    Hey AC, have the balls to actually post using even your pseudo account, and I'll go ahead and feed them to you for dinner.

    Till you actually can prove you have balls and post non AC though...I won't be holding my breath.


    Translation : I have no fucking argument, but i still wanna look like i know everything!

    Some people post AC or haven't got an account for a reason, doesn't make their point of view any more or less valid. Whats the difference between an AC or someone posting under GSloop? SHIT ALL.

    --
    Think nothing is impossible? Try slamming a revolving door.
  58. Conflicting Trademarks by Garry+Anderson · · Score: 2

    The authorities know the solution to trademark conflicts.

    You can legally use any word, words or initials to start a new business without registering a trademark - providing you are not passing off, of course. Take for example the word 'apple'. It is legally used by thousands of businesses - large and small all over the world. Indeed, it is impossible that they all register themselves as trademarks - they are bound to conflict with many others, being confusingly similar. Just in my local phone book alone, there are at least five using this word - two garages (seems not connected), a car centre, fruit growers and a decorating firm.

    Fact: Virtually every word is trademarked. In this vast ocean of domains on the Internet, mostly non-trademarks, a marker is absolutely essential - for people to identify it as trademark (e.g. protected TLD of .reg) - as in apple.reg. This is because all word domains are 'confusingly similar' to trademarks. That is one of the excuses they use to steal domain in UDRP.

    This .reg could serve the same purpose as the registered trademark symbol ® - to advise the public that it is legally registered and protected by law.

    Yes, it is true - check USPTO link at end of paragraph - Virtually every word is trademarked. MOST share the same words or initials with MANY others in a different business and/or country. For example, the World Trade Organization (WTO) shares its initials with five trademarks - in the U.S. alone (please check).

    Whatever word you have for your business or personal web site, you will have some big bully try take your domain away from you. This is all a fraud by big business - the authorities are corrupt in helping them overreach Trademark Law.

    It is ILLEGAL for one trademark to prevent others from using their trademark - even if using identical word. To allow this without consumer confusion or trademark conflict, it is absolutely essential that the class or subclass is included. Please visit WIPO.org.uk - Not associated with United Nations WIPO.org

  59. ICANN doesn't think of itself as public... by dpbsmith · · Score: 5, Insightful

    I thought this was very interesting: (from http://icann.blog.us/stories/2002/07/29/auerbachWi nsCourtCriticize.html cited above:)

    "ICANN responded that it didn't see Microsoft or IBM putting their general ledgers and charts of account on the web, but the Judge quickly intervened with this: Court: 'As a non-profit, public benefit corporation, you have a duty to the public -- the international public in this case -- that is very different than Microsoft or IBM. This is a public benefit corporation.'"

    That's just the problem. ICANN keeps forgetting that it's public, and keeps falling back into the private, corporate mindset.

  60. Re:ICANN is trying to stomp out the public interes by WCMI92 · · Score: 2, Insightful

    "To ruin the net to save Disney is the equivalent of burning down the library of Alexandria to save monastic scribes"

    Actually it's the equivalent of putting taxes on printing presses to SUBSIDIZE monastic scribes.

    Or on establishing a "trade group" made up of representatives from the buggy industry to regulate automobile highways...

    The old media companies established ICANN and other horrors strictly for the purposes of making the Internet safe for their profit.

    Frankly, I feel it's more than slightly treasonous for ANY American administration/Congress to turn over US sovergnity to any kind of international body, which ICANN is.

    Why? Because groups/treaties like ICANN, WIPO, NAFTA, WTO, almost ALWAYS end up being exploited by the powerful corporate intrest, both domestic AND foreign, to subvert the rights and interest of the common American Citizen.

    The excuse for passing the DMCA, BTW, was that it was REQUIRED by WIPO...

    --
    Corporatism != Free Market
  61. P2P NIC by Anonymous Coward · · Score: 0

    Consider: we're looking to replace one heirarchy with yet ANOTHER centralised heirarchy. Get rid of the "natural" monopoly and route around the problem once and for all. In the bargain, we remove the problem of `where do we go next if we don't all agree?`

  62. Re:ICANN is trying to stomp out the public interes by WCMI92 · · Score: 2, Insightful

    Another point I meant to make (hit submit too fast), is that the reason WHY corps and their allies in government favor turning over US sovergnity to such international alphabet soups is this:

    To subvert the law (US Constitution).

    Their loophole is to claim that obeying WIPO, WTO, ICANN, etc, is required because we are signatory to a TREATY. Which is how they justify overriding the Constitution.

    The fact is, the Constitution puts rather severe restrictions on the government, AND corps, and there IS a limit to how far they can subvert it.

    Setting up international orgs that operate in shadow (under US law, a director of ANY corp would have full access to records that Arebauch is having to SUE to get from ICANN), they can get greater lattitude that they could not get under US law.

    For instance, want to have perpetual copyright? Get WTO to mandate it, and the President and Congress can say "we signed the treaty, we are obligated", thus striking away a DIRECT provision of the Constitution without going through the legal amendment process.

    I submit to you all that it's not those who wish to fight back (http://www.theregister.co.uk/content/6/26433.html ) against these international corporate cartels who are subverting the law, but the cartels themselves!

    --
    Corporatism != Free Market
  63. Give them back? by NorthDude · · Score: 1

    I see that everybody are upseted about the fact that he have to tell them 10 days in advance before he release any confidential documents.
    But do he only have to tell them, or do he have to tell them AND give them back the documents?
    Cause if he just have to tell them, it's kind of ok I think, it will give time to the bad guys to go hide themself far far away...

    --


    I'd rather be sailing...
  64. Judge: +1 Insightful by catfood · · Score: 2
    The Judge acknowledged that Mr. Auerbach was elected precisely because he was a critic of ICANN...

    Ah. She gets it.

  65. CYA Culture by ackthpt · · Score: 2

    It's fascinating, and yet depressing, how people with nothing to hide will go to great length to keep things from public eyes and ears.

    --

    A feeling of having made the same mistake before: Deja Foobar
  66. Karl KNOWS where the MONEY is going by Garry+Anderson · · Score: 5, Interesting

    TO ICANN LAWYERS - JONES, DAY, REAVIS & POGUE

    Why do ICANN stick with Jones, Day, Reavis & Pogue? Is it because of certain old ICANN links with them? Are JDRP profiteering? They are very costly - have ICANN looked for other Law firms?

    Have you checked out JDRP.com - and their people involvement with ICANN?

    A quote from a Karl Auerbach:

    Jones, Day, Reavis & Pogue is ICANN's law firm, and has been so since the day of ICANN's birth. Indeed Jones-Day actually performed the incorporation ceremony in its Los Angeles offices.

    Jones, Day, in the person of its principle man-on-the-ICANN-scene, Joe Sims, was present for at least half a year before ICANN was born, working in the shadows, responding to unknown interests and possibly making unknown deals. About all we know about that period is that those who were not insiders to Joe Sims process were ignored and that those who objected were treated with condescension and abuse.

    Over the life of ICANN, Jones, Day has been the the dominant creditor of ICANN.

    Even now Jones, Day continues to receive a lion's share of every dollar that flows into ICANN.

    And one of Jones, Day's partners, Louis Touton, left the firm to become ICANN's Vice-President, Secretary, and General Counsel.

    There is in my mind a question about the appearance of propriety.

    Karls platform.

    ***End quote.

    In a good two month period, October and November 2000, they got $465,553.67 from ICANN.

    ICANN minutes.

    As it one of the largest intellectual property practice groups in a general-practice law firm - with more than 85 intellectual property lawyers, I would imagine Jones, Day, Reavis & Pogue make a lot of money on trademarks problems on the Internet.

    Jones, Day, Reavis & Pogue.

    Virtually every word is trademarked, be it Alpha to Omega or Aardvark to Zulu - even common words you learnt with your A B C's - apple, ball and cat - most many times over.

    MOST share the same words or initials with MANY others in a different business and/or country. For example, the World Trade Organization (WTO) shares its initials with six trademarks - U.S. alone (please check). Conflict is IMPOSSIBLE to avoid.

    The solution to this problem has been ratified by experts - so that ALL registered trademarks can be identified on the Internet.

    Jones, Day, Reavis & Pogue know this solution.

    They would lose a lot of money, if there was less trademark problems on the Internet - wouldn't they?

    Draw your own conclusions - but it is my opinion they do not want the solution to 'consumer confusion', 'trademark conflict' and 'passing off' problems on the Internet.

    There is in my mind certainly no question about the appearance of corruption - it is beyond doubt.

    Please visit WIPO.org.uk to see. No connection with the United Nations WIPO.org.

  67. Re:You want OpenNIC by SuperDuG · · Score: 2

    When the AOL user can't resolve your domain, you point them to www.opennic.unrated.net ... the same way that the new.net domains work. You can't just tell ICANN what to do, but you can inform the people who rely on ICANN about their other options.

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  68. I hope he tries to release everything by Sloppy · · Score: 2
    I hope he tries to publicize everything, and let ICANN try to convince a judge, for each item, why it has to be a confidential record. Maybe I'm just stupid, but I can't imagine why this organization would need to have any secrets (other than mundane info such as domain contacts, private keys to authenticate to the servers ICANN control, etc, which Auerbach wouldn't care about). The only things I can imagine they would want to hide, are all Bad Things (waste, corruption, etc).

    Can anyone dream up some plausible hypothetical bullshit theoretical possible type of information ICANN could have, that would really be legitimately confidential?

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    1. Re:I hope he tries to release everything by wessman · · Score: 1

      Sure, as the article mentions, many believe that ICANN caters to big business and under-the-table pay-offs in domain disputes, just as most Congressman are swayed by the rich and big business, not the general population or majority.

      ICANN may very well have documents that shed light on how poorly and unfairly they operate.

      The mere fact that ICANN is fighting so hard to hide these documents is a sign of corruption, given that they are a monopoly AND they deal with such an otherwise public business.

  69. Re:You want OpenNIC by Sloppy · · Score: 2
    I read your proposal, and if I understand correctly (mabe I don't), you envision a situation like this...

    There would be a TLD named "apple", and Jobs' company would want to register "computer.apple" and people might visit "store.computer.apple" to buy an iMac. The Beatles would register "music.apple". Monopoly control over the "apple" TLD itself, wouldn't be particularly valuable, since the monopolist would exert power over so few entities.

    Suppose I'm a farmer ("Sloppy's Orchard, Inc") and I sell real apples (the fruit). I can't register "fruit.apple" because "fruit" does have inherent and generic meaning within the context of apples (unlike music and computer), so I have to register something like "sloppy.apple"? Or perhaps some nonprofit concern (?) takes "fruit.apple" and I register "sloppy.fruit.apple" with them?

    Do I have this right? Did I get confused at the end? ;-)

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  70. Grrrrr... by Callamon · · Score: 1
    2002-07-29 21:19:52 Karl Auerbach Wins Access to ICANN Records (articles,news) (rejected)
    2002-07-29 22:20:00 ICANN Member Wins Records Access (yro,internet) (rejected)
    Submitted once, rejected.. re-worded, re-submitted with different topic, rejected.

    I guess the editors don't like me..

  71. Re:Wrong Name (spoiler) by Anonymous Coward · · Score: 0
    I actually heard it on Car Talk:

    "Our director of Daylight Savings Time is Konrad Adenauer; and our director of Standard Time is Red Auerbach."

  72. Re:ICANN is trying to stomp out the public interes by GSloop · · Score: 2

    If you ACTUALLY want to debate some points, it basically mandatory to be able to return to your comments.

    Most, including myself don't have the time or energy to find their AC comments and follow up.

    Thus, responding to AC comments is generally like talking to a brick wall, except in most cases the AC is MORE stupid and lifeless.

    If AC has a comment that ALONE, has insightful info, then great - but it hardly ever will generate meaningful discussion - which is why I'm generally here. It's not often that enlightenment is reached in a single comment by an AC.

    Lastly, it's generally accepted that AC's don't have to stand and be judged by their comments. Thus, they're off the cuff and often less than useful.

    Notice, I'm replying to you because you want to have a dialog - there's (right now) 2 other AC posts that are total drivel. Perhaps you view my parent as such, but at least I have the balls to take the loss and drubbing by posting as me.

    I've generally given up posting as AC. The only justification I can see for such, is a posting that needs to see the light of day, but for security reasons (i.e. Herr Ashcroft, whacko boss, job security etc) can't be posted as a logged in user. Other than that, about 99.5% of all AC posts are trash. (Statistics never lie! [grin])

    Anyhow go read the post I was replying to - they claim to want to debate, but are too weak to actually do so. I was just pointing out their stupidity.

    Cheers!

  73. Re:ICANN is trying to stomp out the public interes by GSloop · · Score: 2

    Translation : I have no fucking argument, but i still wanna look like i know everything!


    Now, to comment on this...

    If you believe that Republicans OR Democrats have the average guys' best interest in heart, you've been smoking something illegal.

    BOTH sides of the isle are (generally) most concerned with getting re-elected.

    To get elected, requires money. Unless you're in possession of almost unlimited wealth, and don't mind spending it, you're going to need some "donors." (Otherwise known as people who bribe you...)

    To keep those donors happy, you're going to have to deliver on something - that something usually provides a decent return on their investment - literally. If you don't produce a good return, your corporate interests are going to find a better investment vehicle (otherwise known as an opponent!)

    I have lots of argument. I'm just not going to dress the pig up in pearls to hope he'll look better. If you want to argue/debate, post as a "real" user. Put in some FACTS, and back them up. Then we can actually debate.

    Cheers!

  74. Re:ICANN is trying to stomp out the public interes by XNormal · · Score: 2

    It would be in character if ICANN went through before Friday and labelled all of their documents "confidential". These guys are crooks just like the people at Enron and Global Crossings.

    What strikes me as odd is why an organization like this should have *any* documents labelled as confidential.

    --
    Stop worrying about the risks of nuclear power and start worrying about the risks of not using nuclear power.
  75. Re:You want OpenNIC by btempleton · · Score: 2

    You got it backwards. If there were an .apple TLD the growers of the fruit would not be able to register in it because that would be a generic use. In the real world, NOBODY gets to own the term "grannysmith apple" and it was a crazy mistake to let people own terms like this in DNS.

    In theory companies that use apple as a trademark (and thus by law have nothing to do with apples) could possibly register in such a domain, if they were not operating it, but it might be better to design things to avoid this too.

    --
    Has it been over a year since you last donated to the Electronic Frontier Foundation
  76. 10 days by phriedom · · Score: 2

    I think you misunderstood that sentence. Everything that Karl wants to review must be turned over to him, confidential or not, before August 9th. He can publish anything non-confidential any time he wants, and if he wants to publish something that is "confidential" then he gives them 10 days notice that he is going to do it, and they have to convince a judge that there is good reason to keep it confidential if they want to stop him. Since California law says all those records are public, ICANN would have a darn tough time ever convincing a judge to seal anything from publication, but they are free to try.

    As others have said, this is a pretty complete victory for Karl. Of course this is only the beginning of any real action Karl might be able to take, but it is a very good beginning.

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  77. Re:You want OpenNIC by Sloppy · · Score: 2
    Please give an example. I'm getting the feeling that their domain name isn't going to contain any references to the company's name or type of business, and instead it will be limited to fanciful words like "Altivec."

    Ideally, under your system, what might Apple Computer's domain name be?

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  78. Re:You want OpenNIC by btempleton · · Score: 2

    There would be a large number of branded TLD naming providers, all on an even playing field, all competing and innovating as they wish. They would have names that would be satisfactory international brands in the "directory" or "naming" business.

    Examples I give would be .yahoo, .dunn, .wipo, .sloppy, .yellowpages, .fredsdirectory.

    If you could legally get a trademark around the world for "XXXX Directory Company" (or if you already have one) you could have .XXXX as a resale TLD.

    That would include of course any made-up word nobody is using yet, or any real world term that qualifies as a trademark law. The principles of that are well established and ruled in law and courts and used by businesses every day.

    Thus there would be tons of competing companies, and you would choose the best one. The one with the best price, best policies, best technology, whatever your definition of best is. Whatever the market likes.

    Thus Apple might decide to use apple.yahoo. If Apple records like's Dunn and Bradstreet they could be apple.dunn. If apple is taken within too many branded domains, more will spring up to meet the market need.

    WIPO might run .wipo under trademark rules. They might insist that nobody gets apple, but Apple Computer can get apple.computer.wipo and Apple Records can get apple.records.wipo. Or they can set any rules they want. Don't like their rules, go to a competitor.

    What matters is all the competitors are on a level playing field. If somebody owns ".computer" then if you don't like their rules you can't go to another TLD for a computer name that's just as good. Their TLD is inherently valuable, because it has an intrinsic meaning. They didn't create the value, the just staked a claim on it, presumably by being their first.

    Brands, on the other hand, by definition have no intrinsic value. The acquire value, lots of it. That's what branding is about. Yahoo has a valuable brand in internet directories now, for example.

    --
    Has it been over a year since you last donated to the Electronic Frontier Foundation
  79. Re: Software providers starting to trojan you! by Anonymous Coward · · Score: 0

    FlashFXP's author, DeWeese, is a DIRTY thief.

  80. Re:You want OpenNIC by superpeach · · Score: 1

    Is there any good reason why ISPs dont add openNic to their DNS servers? Do they have anything to lose by doing so, or anything to gain by not doing so?

  81. But Russ, you have to love the irony... by rs79 · · Score: 1

    You've got a chairman of ICANN, a Worldcom employee, telling one of the very few elected directors he can't see the books?

    C'mon, you're making this shit up.

    --
    Need Mercedes parts ?
  82. Re:Good Going Karl! by Russ+Nelson · · Score: 2

    Well, the whole time I've known him, it's been spelled Karl. Maybe he doesn't care about how it's spelled and so didn't bother getting it fixed on his nametag. Or maybe he was just trying to confuse people who didn't know him all that well, as a hack. Anyway, it's definitely Karl Auerbach.
    -russ

    --
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  83. Re:You want OpenNIC by fean · · Score: 1

    lemme get this straight

    you tell your aspiring customer to go to buyfromme.com

    because you are using opennic and not supporting icann, your domain name doesnt resolve to anything

    so you point them to www.opennic.unrated.net... except that you can't, because they couldn't resolve your site in the first place...

    guess they're going to www.I-stick-with-the-money-hungry-monopoly.com

  84. Bullshit (flame away) by Sean+Clifford · · Score: 2
    It doesn't generally seem to occur to anyone that ICANN's records may have material in them that legitimately should be kept confidential. Everyone would far rather assume that the only possible motive for confidentiality here is for ICANN staff to conceal wrongdoing.

    Bullshit. There are no records they possess that should be held confidential and I'm not talking root passwords and such. They've made ludicrous dispute decisions that clearly favor corporations. Remember canadian.net? The only possible reason ICANN would refuse to allow him access to these records AND disseminate them is to conceal wrongdoing. They should be public records anyway.

    That said, the parent post was an insightful and outstanding rebuttal against ICANN naysayers like myself. But it's still bullshit.

  85. Re:You want OpenNIC by Sloppy · · Score: 2
    Ah, I get it now. Thanks for taking the time.

    Hmm... Ok, I'm sold. Adios, OpenNic.

    Now just tell me what addresses to type into my /etc/dnscache/root/servers/@ and The World will be one user closer to switching. ;-)

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