A Snag For Verisign's Suit Against ICANN
Dinglenuts writes "Looks like Verisign just received a setback in their lawsuit against ICANN. Verisign sued ICANN for making them take down Sitefinder, but the judge said that their case was 'awfully vague.' The extensive mischief caused by Verisign's new attempts at 'service' have been well documented on Slashdot."
Reader Mz6 points out the same AP story as carried by USA Today.
Every industry has some form of governmental regulation (except for the drug trade). Pharmaceutical companies have the FDA, why can't we create an Internet Oversight Beauro?
Read journal when you are not understand
Verisign, who jealously guard their monopoly on domains, suing ICANN for "Restraining competition"
Christ, the guy who cleared that lawsuit must have the hugest set of brass balls in existence
'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
between Verisign redirecting people at the DNS level and Microsfot redirecting people at the Browser level with MSIE?
Either way you are getting advertizements or tainted search results, and it's annoying either way.
I guess since it's DNS level, no one can "opt out" by choosing another browser, but the average user dosen't know how to do that either...
-Wes
WTF is wrong with "awfully vague?" It seems to work for . . . bogus legislation.
Judges are less than fond of "vague". Some variant of "start making sense or get out" is heard fairly often.
Legislators OTOH find "vague" to be highly useful in trying to please more of the peopl^H^H^H^H^H contributors more of the time.
"We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
The US Dept of Commerce has never articulated any clear source of authority for its role in these internet matters.
.com (thanks to the attorney who formed ICANN and who has perhaps reaped more personal financial gain out of this entire mess than any other individual.) Under the ICANN contracts (which the DoC buys into) Verisign's lock is nearly unbreakable unless Verisign does somethign criminal or equally bad.
Under the US system, agencies like the DoC don't have any "native" powers but rather obtain them only by explicit delegations by statutes and by executive orders (that themselves often need to go back to statutes or the native Article II powers.)
The General Accounting Office (a branch of the US Congress) investigated the DoC's powers *twice* and found them wanting. And there have been some significant legal articles also making this point.
In other words, ICANN is on very shakey ground if it tries to claim that its power derives from the US Dept of Commerce.
The DoC's role over Verisign comes from a Cooperative Agreement that was to have expired six years ago but which has been extended and amendended and extended and amended at least 25 times. It is now so warped that between ICANN and the DoC, Verisign has a what amounts to a perpetual lock on
It's also worth mentioning that NSI/Internic changed the domain prices and stole millions of dollars from the community and had the courts strike down their fee as an illegal tax. Did they ever return any of the money they collected back to the proper people? Not that I know.
The .com Registry is the central database the holds all of the .com domains registered via the various Registrars. Verisign is the caretaker of the database. IIRC, they get $6US per year per domain. (A nice, and almost guaranteed, stream of annual revenue.)
Now let's see who where else can I go to get the .com database managed? Uhm... I can't go anywhere else. Verisign doesn't have any competitors. That sounds like a monopoly to me.
Now what was the SiteFinder fuss all about? Verisign added wildcard DNS records to it's .com Registry to redirect traffic to it's SiteFinder web site. They were using their monopoly position as the .com Registry to be competitive in Internet Web Search market.
(Note: I'm not against Verisign trying to build their SiteFinder server. Now power to them. What I and others object to is how Verisign chose to implent their service (the wildcard records in the TLD name server). They need to choose another method to implement SiteFinder.)
That scenario sound familiar? Well it sound. Microsoft was taken to task recently by the US Department of Justice over similar actions. Abusing a monopoly position in one area to leverage it's position in market. It's called anti-trust. And Verisign is suing ICANN for being anti-competitive?
In other words, ICANN is on very shakey ground if it tries to claim that its power derives from the US Dept of Commerce.
.COM and .NET is on even shakier ground than the USG's purported ownership of DNS.
In other words, the US government is on very shaky ground if it tries to claim that it has power over the international Internet. Note that the international community has at least tentatively been supportive of ICANN - because they realize that as bad as ICANN is, it's probably better than either having multiple roots (even assuming they all get along, which is unlikely) or having the US government try to run things directly (which could easily result in multiple roots).
Verisign's purported ownership of