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ICANN Wants Immunity

rprins writes "In what is perhaps a reaction to recent Homeland Security demands, a strategic report by ICANN suggests that it should take on the model of a private international organization (PDF). That would make ICANN immune from US law and regulations. However, it's unlikely that the Bush administration would grant ICANN these privileges. So the organization might opt to relocate to Switzerland where such privileges are easier to attain."

49 of 235 comments (clear)

  1. Maybe they could bid for Sealand by vivaoporto · · Score: 3, Funny

    Maybe they could bid for Sealand and create their own country. Or move to North Korean embassy. Seems to be a popular alternative now that U.S. is becoming very unfriendly to the Internet. But if they move, will they take the tubes with them, or will have to call contractors to install them again? Inquiring minds want to know.

  2. yeah by User+956 · · Score: 4, Funny

    However, it's unlikely that the Bush administration would grant ICANN these privileges.

    So then it's more like ICANN'T, when you really think about it.

    --
    The theory of relativity doesn't work right in Arkansas.
  3. Immunity by Anonymous Coward · · Score: 4, Funny

    Mr. President, ICANN is asking for immunity and a full presidential pardon, signed, in writing, before they tell us where the bombs are planted.

    Jack, this organization tried to KILL me!

  4. Red Cross???? by micronicos · · Score: 3, Informative

    Surely the model would have to be something like the WTO not the IRC?

    For better or worse ICANN deals with a system carrying billions of 'all currencies' over the world.

    But relocating to Switzerland would be soooooooooo cool!

    --
    Nico M, London, GB.
    1. Re:Red Cross???? by VGPowerlord · · Score: 2, Funny

      Yes, I agree... something as important as this can't be modeled after a protocol in which netsplits are a way of life.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
  5. Moving to Switzerland? by winkydink · · Score: 3, Insightful

    So the organization might opt to relocate to Switzerland where such privileges are easier to attain.

    Yeah, I can see the US gov't just sitting by quietly while that happened.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

    1. Re:Moving to Switzerland? by voice_of_all_reason · · Score: 4, Funny

      Yeah, I can just see Bush calling together a cabinet meeting and spouting forth a few classic zingers on how to "bomb" the internet.

      "We fight the internet over here so we don't have to fight it over there"
      "If the internet is not with us, its with the terrorists"

    2. Re:Moving to Switzerland? by shaitand · · Score: 2, Informative

      It'll just be another war on a vague concept. Added to the War on Terror, and the War on Drugs, we'll have the War on the Internet.

    3. Re:Moving to Switzerland? by onkelonkel · · Score: 3, Insightful

      I thought "War on ...." was a code phrase meaning "an unsolvable problem we will waste billions of dollars trying unsuccessfully to solve using the same failing methods over and over again." Didn't it start with the war on poverty?

      --
      None of them can see the clouds; The polished wings don't care.
    4. Re:Moving to Switzerland? by eclectro · · Score: 2, Funny

      Yeah, I can see the US gov't just sitting by quietly while that happened.

      Maybe that's why they want to go to Switzerland. Because the US invading Switzerland might look bad.

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    5. Re:Moving to Switzerland? by chill · · Score: 2

      Dude, the Swiss invaded Liechtenstein just a couple weeks back. They are a rouge nation, and need to be controlled!

      --
      Learning HOW to think is more important than learning WHAT to think.
    6. Re:Moving to Switzerland? by mypalmike · · Score: 2, Funny

      They are a rouge nation,

      They might wear a little too much make-up at times, but that hardly makes them a "rouge nation".

      --
      There are 0x40000000 types of people: those who understand 32-bit IEEE 754 floating point, and those who don't.
    7. Re:Moving to Switzerland? by rs79 · · Score: 2, Insightful

      "Yeah, I can see the US gov't just sitting by quietly while that happened."

      They absolutely will not let it happen. DARPA paid for development of this and it's been run under government contract forever - the USG will never let go of the addressing system.

      You want to make your own? Fine, go ahead, but the USG owns the legacy names and numbers.

      Which isn't bad really, there is congressional oversight over it. Compared to no oversight it's the lessor of two evils.

      Keep in mind they wanted to be a Swiss organization since the inception (and even earlier with the IAHC debacle) and the USG made it clear in private that will never be allowed to happen.

      I smell Bob Shaw and the ITU around this. He was the original impetus and and now works behind the scenes with the GAC in what has become the antithesis of an "open and transparent" organization.

      Don't drink the kool aid. Do your homework. Look up the way they're supposed to operate (a major disconnect from what they do) and work towards getting congress to do just that.

      Keep in mind as well this bloated $30M/yr beurocracy replaces a $15/K contract that Jon Postel used to do part time (and did a MUCH better job).

      Rolling your own root would probably be a good idea too. You can do it in an evening and then you're immune from this crap.

      --
      Need Mercedes parts ?
    8. Re:Moving to Switzerland? by PitaBred · · Score: 3, Insightful

      Well hell, after we ousted them Nazi's then drove the USSR into the ground economically, we needed a new enemy. What better foe than one that absolutely, cannot be defeated?

  6. Another organization that wants to be above thelaw by OeLeWaPpErKe · · Score: 2, Insightful

    And I guess we're not to ask "why", right ? Whom will get custudy over ICANN after this operation ? Are we to believe that the ICANN board, we all know how reliable they are, will make the right choices for all of us ? Will it be the UN ? I trust them even less to make the right choice. I like where the internet has gotten under US law. Why would a change, as big a this, be necessary ?

  7. Good. by SatanicPuppy · · Score: 4, Insightful

    Frankly, for one country to "control" ICANN, with what ICANN "controls" is foolish. Especially the States, with people who seem to think that the free exchange of ideas is their personal property, and that since we're the "good guys" we can screw with the free exchange of ideas, and it's okay.

    Mind you, I wouldn't trust any other country more. Independence from national issues is pretty much the only solution.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    1. Re:Good. by drinkypoo · · Score: 4, Interesting

      Mind you, I wouldn't trust any other country more. Independence from national issues is pretty much the only solution.

      Given ICANN's checkered past, are you sure you would trust an independent ICANN?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Good. by nine-times · · Score: 2, Insightful

      I feel like it's one of those situations where someone has to have some measure of control, yet whenever someone suggests a person or organization to control it, it always seems like a bad idea. Every body, whether individual, private, or governmental, will have an agenda that could damage the situation. It's really a problem of people. I don't trust people. They make too many bad decisions. But what's the alternative??

    3. Re:Good. by drinkypoo · · Score: 2, Insightful

      When they're not in the US, they'll have to take things brought up by the whole "rest of world" more seriously.

      That's one way to look at it. Another way to look at it is that they won't take things brought up by the whole "rest of world" or the US seriously, and will instead just do whatever gets them the most money.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  8. Re:About time by voice_of_all_reason · · Score: 2, Funny

    They should've played nicer with the internet. Now it's taking it's ball and going home. Hope being "right" was worth it!

  9. ICANN? by stratjakt · · Score: 2, Insightful

    ICANN: Internet Corporation for Assigned Names and Numbers.

    They dish out IPs and run DNS.

    What exactly do they want immunity from?

    All corporations want to be "above the law". Plenty move offshore to accomplish this.

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:ICANN? by spun · · Score: 4, Funny

      Seriously, what is a "private international organization," why is it above the national laws of the country it is in, and most importantly, how do I become one?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:ICANN? by LordEd · · Score: 2, Insightful

      How about the spamhaus.org incident? Should a single country's laws be allowed to lock-out a foreign company's ability to be present on the Internet?

  10. More true to life. by Anonymous Coward · · Score: 5, Funny

    Mr. President, ICANN is asking for immunity and a full presidential pardon, signed, in writing, before they tell us where the authcodes are with our Registerfly domain names.

  11. Re:Another organization that wants to be above the by voice_of_all_reason · · Score: 2, Funny

    You know how animals like deer and cattle innately understand when a natural disaster is coming and instinctively seek safer ground?

    It might be something like that.

  12. Re:Another organization that wants to be above the by Seumas · · Score: 2, Funny

    I say they move it to China or Iran. After all, if they're good enough to sit on UN security councils and human right's councils, why not run the intarwebs, too?

  13. I have a better idea... by zappepcs · · Score: 3, Insightful

    Lets just get rid of, as in incinerate, the dept of homeland security and the problem, as such, will just go away. Then we can all get back to what needs to be done.

  14. Re:terrible news by mjmartin_uk · · Score: 5, Insightful

    Utter crap! First up, the US is no different from Switzerland in freedom of expression laws, secondly ICANN never said they wanted to be under UN control, therefore they are under no obligation to bow to pressure from any country which would be a better position than they are in now (being under pressure from Congress - who have a grrreat track record in legislating on Technology law - thing DMCA)

  15. This, I can support by MikeRT · · Score: 3, Insightful
    Switzerland is the only country out there that I would trust. As a conservative Christian libertarian, I admire a country that has the cajones to actually tell a group like the EU to go f$%^ itself on pressure to change its tax laws. The Swiss also have a more limited government than we do in the US, and even if it is no longer as effective, the Swiss military model speaks to the traditionalist in me a lot better than what we are getting here. Why is that appropriate? Because our government has evolved away from its republican roots in many ways. I no longer trust it on just about anything. Let the Swiss handle it. Hell, they're the only ones who you can see doing the three things the Internet needs:
    • Run the technical management well.
    • Jealously guard it from the depredation of the UN.
    • Not provide any protection or assistance to police states that want to pervert it when people circumvent their efforts. The Swiss aren't perfect, but they don't have a reputation for publically attacking a country and then having that government torture mutual enemies *cough*extraordinary rendition*cough*Syria*cough*
    1. Re:This, I can support by boobox · · Score: 2

      Could be they don't want to be liable for all those screwed in the Registerfly.com debacle as they didn't do a thing to help the domain name owners (yes, I'm one of them).

    2. Re:This, I can support by LihTox · · Score: 2, Insightful

      what's with all the Christians not liking the UN?
      It's not a Christian thing, it's a conservative thing (the OP confesses to both leanings, as well as "libertarian" which is an even better explanation for the UN-aversion). I'm Christian and I support the UN (though realizing its flaws). Unfortunately, the loudest Christians these days are conservatives, so you end up with a shouting match between conservative Christians and secular liberals, and little sign that there can be anything else.

  16. Re:terrible news by shaitand · · Score: 2, Insightful

    'If ICANN leaves the protection of the USA, ICANN will have to start recognizing all the repressive and bizaree anti-free expression laws of other countries'

    The President is moving (via the Dept of Homeland Security) to eliminate those previous freedoms enjoyed by America. The Bush idea of free speech is far worse than the international one. Also you make it sound as if ICANN would be reduced to the restrictions of the worst countries when in reality ICANN wouldn't have to listen to any of them.

    Switzerland is also the perfect place for this. They have long been an international haven with strong physical and legal security.

  17. DNSSEC keys by John.P.Jones · · Score: 5, Interesting

    This is all about the recent request for access to the DNSSEC root keys. As a firm proponent of DNSSEC I agree, In ACSAC 2005 I published a paper proposing the IKS (Internet Key Service) a distributed domain-name based certificate authority grounded in DNSSEC and the sole authority of ICANN to assign domains. A functionally deployed DNSSEC would allow us to bootstrap strong end-to-end cryptography. Allowing the US government to spoof DNS entries would seriously impair DNSSEC and greatly damage my work.

    1. Re:DNSSEC keys by wkk2 · · Score: 2, Interesting

      Maybe DNSSEC should only be deployed on tamper resistant hardware that doesn't allow for private key extraction. The key pair is generated internally and nobody can give up the key even if asked. A threshold code spread among multiple administrators, in different countries, could be required for any necessary updates. The administration could even be done through a trust that has dead man and duress procedures much like some tax and lawsuit protection schemes. It's sad that this might be necessary.

  18. Its a Trap by Anonymous Coward · · Score: 4, Insightful

    They have no power beyond the power of the US government, because Verisign controls the actual servers and use to have ICANNs job before ICANN came along. So no they won't relocate to Switzerland and no they don't want immunity from US law, they want immunity from being sued by disgruntled domain name holders.

    Like the recent Registerfly domain registrar where they did nothing even as their domain names were lost until they were prodded into action by bad press.

    1. Re:Its a Trap by kimba · · Score: 2, Interesting

      VeriSign never had "ICANNs job before ICANN came along". The IANA function was operated by the University of Southern California prior to the creation of ICANN in 1998. The operation of IANA dates back to 1972, and never in that time has it been operated by VeriSign.

  19. Re:Another organization that wants to be above the by superbus1929 · · Score: 5, Insightful

    It's where it's going that scares me.

    The United States want TOTAL control of where you go, what you can do, etc. They're going to use 9/11 to get anything and everything it wants in terms of our liberties. And the fact of the matter is that it simply doesn't have the right to do that. Not only does it not have the right to be that intrusive on it's own citizens, it sure as HELL doesn't have that right to be that intrusive on citizens of other countries! "Hey, Canada won't accept our demands to make their own version of the DMCA? Cool, we'll do it for them!"

    The United States has justified everything they do lately with no more than two words: terrorism or paedophilia. Those are the heavy hitters that get people moving. Even if the subject at hand has nothing to do with either of those things, they shove their laws down the throats of their own citizens on those two principles, weather they like it or not, and if they can't have it become a law, then the US just does whatever it is anyway (see: domestic warrantless wiretapping, secret spying programme, the FBI abusing the Patriot Act, etc.). Now you want them to be able to do that with THE ENTIRE INTERNET?

    --
    Let's stop dilly-dallying and just change "-1: Overrated" to "-1: Disagree" or "-1: Doesn't Subscribe to Groupthink".
  20. Re:Another organization that wants to be above the by gstoddart · · Score: 2, Insightful

    I like where the internet has gotten under US law. Why would a change, as big a this, be necessary ?

    Because, where it's going under US law is atrocious, appaling, broken, and unwelcome. The relgious right in the US can supress the creation of new TLDs for xxx because it's currently under US control.

    The rest of the world isn't really prepared to have the US be capable of arbitrarily re-writing the infrastructure that is the internet on their whim, or to suit their needs, or to be able to spoof any IP on the planet. It has grown from being a research project in the US to a global infrastructure.

    Do you think that the US would like it if, say, North Korea or Cuba could arbitrarily alter it? I bet the answer is no. Under the guise of national security, DHS will practically do anything they want to, and they have laws to make sure you don't tell people they did it.

    I don't wish to be subject to the laws the asshats in Washington DC are writing. Neither does all of the rest of the world who aren't Americans. The US doesn't own the internet. I fail to see why the rest of the world would be eager to see the keys handed over quite so readily.

    Cheers
    --
    Lost at C:>. Found at C.
  21. Re:terrible news by mrtexe · · Score: 2, Insightful

    The question is not one of "human rights." The question is what a government does.

    The Soviet Union had wonderful free speech laws. It's just that if you spoke out against Communism, those laws were not worth anything.

    Many governments have ratified the UDHR, and few have truly respected its guarantee on freedom of expression.

    Outlawing hate speech in Europe contravenes free expression, regardless of history. The problem isn't that Nazis are stopped. The problem is the general chilling effect it has on free speech.

    I take note that the EU recently announced the censoring of the following words: "jihad" and "terrorist." It is simply Orwellian to attempt to ban words. In the US, if you use a hateful word, you are not put in prison (unless you physically threatened someone, which is different). In other countries, there is no telling what the legal system might do if you simply exercise your human rights.

    Censoring words and thought itself is only possible in Europe because of hate speech laws.

    The best response to disgusting and vile speech, like racist speech, is not censorship. Instead, following the tradition of John Stuart Mill's essay "On Liberty," the best remedy is more speech. If you find someone's opinion repugnant, then say that out loud in a public forum. When lots of people do that, hatred is turned back.

    I do not trust Switzerland or Europe or Canada or Japan or Australia or China or Iran or any other country to protect my free speech. Nor do I trust the undemocratic UN. The most freedom of expression coupled with the best protection of that freedom is in the US.

  22. Re:terrible news by XSforMe · · Score: 3, Informative

    "please name one example of a law that has changed to this effect."

    Laws do not need to change in order for freedom of expression to be reduced or even wiped out. The political mood in the last 5 years has turned downright repressive; people in power will not hesitate to use their resources against you in case you dare express opinions against the current US political agenda.

    Man arrested for wearing an antiwar shirt
    Man arrested after addressing Cheyney on the Iraq war
    Man arrested for handling toilet paper with Bush Face on it
    Man arrested for dressing up and waving a fake gun
    Killed GI's mother arrested

    --
    My other OS is the MCP!
  23. Re:terrible news by A+Name+Similar+to+Di · · Score: 3, Interesting

    Every country which has ratified the UN declaration on human rights (and followed through on their obligations, for example the UK) has equal free-speech to the USA. We just have different bugbears to you (in Europe, this is mainly we-hate-Nazis instead of we-hate-Terrorists).

    I know this is touching on a political nerve, so I'm hesitant to say much, but regardless of those who ratified the UN declaration, the USA has a better track record than others.

    Let's start with looking at the declaration. I believe the relevant section is article 19:
    Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

    Sounds good. Now I'm going to use Canada as an example as I'm more familiar with them (being that they are in close proximity to the US so more of their news makes it to me). Wikipedia mentions the following:

    Due to section 1 of the Charter, the so-called limitation clause, Canada's freedom of expression is not absolute and can be limited under certain situations. Section 1 of the Charter states:

    The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

    This section is double edged. First it implies that a limitation on freedom of speech prescribed in law can be permitted if it can be justified as being a reasonable limit in a free and democratic society. Conversely, it implies that a restriction can be invalidated if it cannot be shown to be a reasonable limit in a free and democratic society. The former case has been used to uphold limits on legislation which are used to prevent hate speech and obscenity.

    This is something I can offer some anecdotal evidence on as well. There's a website called The Smoking Gun that publishes police reports/mug shots/random documents from celebrity arrests and other amusing news in the United States. One of their reports each year is a list of porn from the US that is prohibited in their country... a testament to more permissive US laws regardless of the prevailing public opinion of such matters in the US.

    More shocking to me (and I do apologize for this being anecdotal only) was a friend who visited Canada and had his computer's hard drive inspected by customs. He asked what they were looking for and was told "hate speech literature, etc". You may not believe it, but as a US resident I've never had to worry about the political contents of my computer. Further, I do have a number of Muslim friends. While some of them have voiced a concern to me that they fear government inspection in their lives (which is I believe what you were mentioning in your post) none of them actually fear imprisonment. They're more concerned with their loss of privacy and/or time wasted explaining to the government officials that they're not a problem. Now is that opinion prevailing in the US Muslim community? That I don't know and I've never seen a good poll on the subject.

    Again, I'm not trying to ruffle any feathers, and I'm certainly not trying to absolve the USA of its many wrongs and problems, but free speech is something that they actually have a very good track record on. I think a lot of the XXX political "discussion" has been more posturing and catering to voters than politicians actually trying to effect change. This may sound odd, but in the US, we have many many policy decisions brought up that politicians *know ahead of time* will never come to be, how

  24. Re:Another organization that wants to be above the by Jack+Sombra · · Score: 2, Insightful

    [quote]I like where the internet has gotten under US law. Why would a change, as big a this, be necessary ?[/quote]
    Because the US and it's "laws" has been changing over the last decade.

    It used be the "land of the free and money" and this allowed the internet to grow (for good and bad) under it's control, now it's the "land of special interests and the money of the latter group" and this is not only holding the internet back but endangering the whole thing to the point where it might break apart.

    The UN would be a far from ideal group to control the internet but these days it would be a 100 times better than the US

  25. All in how you look at it... by Kadin2048 · · Score: 3, Insightful

    I thought "War on ...." was a code phrase meaning "an unsolvable problem we will waste billions of dollars trying unsuccessfully to solve using the same failing methods over and over again." Didn't it start with the war on poverty?

    If by "waste," you mean "transfer to our campaign donors," then yes, that's exactly what it means.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  26. Re:Another organization that wants to be above the by rs79 · · Score: 2, Interesting

    "You know how animals like deer and cattle innately understand when a natural disaster is coming and instinctively seek safer ground?

    It might be something like that."


    More like roaches scurrying when the light is turned on.

    That light of day can be a pesky thing - it makes all sorts of things visible.

    --
    Need Mercedes parts ?
  27. Re:terrible news by kaffiene · · Score: 4, Insightful

    The US ranks behind several other countries in terms of freedom of the press and corruption, but don't let that interrupt your nationalistic delusions of superiority.

  28. ITU by fabu10u$ · · Score: 2, Interesting

    I still say it should become a function of the International Telecommunication Union. Yes, that's a UN agency, but during the Cold War their standards kept the West, the Soviets, and the Asians talking and telexing without too much politicking. (And they're located in Geneva.)

    --
    They say the mind is the first thing to ... uh, what's that saying again?
  29. Re:terrible news by MrPeach · · Score: 2, Insightful

    Uh, are you unaware of where the root servers are currently?

    Hint: They are all geographically dispersed. The root server assignments are dispersed, and each of them are mirrored and load balanced to a large number of actual machines all over the globe.

  30. Re:Another organization that wants to be above the by Anc · · Score: 2, Insightful

    US has developed the Internet, it hosted (and continues to host) the root servers, and so it will be, if whoever is in charge has any sense left in them...

    US has developed the Internet? That's taken too far. Internet had its beginnings here. Now it's infrastructure is spread all over the world, owned by thousands of companies and organizations in hundreds of countries. Saying that the US has the right to control the Internet is flat out ridiculous. Internet is common a good of a billion people worldwide and the fact that some of its critical parts are based in the US is our privilege, not some kind of favor we are doing. I am sure more than a few countries would be very happy to take over this "burden".

    By the way, the World Wide Web, nowadays the Internet's most important part, was invented in... duh, Switzerland (CERN)

  31. Re:Another organization that wants to be above the by mi · · Score: 2, Informative

    Internet is common a good of a billion people worldwide

    All thanks to America's benevolence, business sense, and good design. These people's usage of the Internet in no way diminishes America's right to do, what it pleases with it, though...

    is our privilege, not some kind of favor we are doing.

    Ha-ha!.. So, if one builds a playground for his kids, and allows other kids to come and play too (for their and his own kids' benefit), he loses the right to control that playground — while keeping "the privilege" of the upkeep?

    I understand, how envy and similar emotions may make it difficult for foreigners to squeeze some gratitude towards America out of themselves. But for an American to do the same is incomprehensible. So good at seeing the other side, they lose sight of their own...

    By the way, the World Wide Web, nowadays the Internet's most important part, was invented in... duh, Switzerland (CERN)

    A common myth maintained by anti-American zealots uncomfortable with America's claiming credit for anything, however rightfully...

    The idea itself was rather obvious to anyone "skilled in the field" and known (especially in America — ha-ha!) since before computers. As we know it today, it wouldn't have taken off without the Internet (duh) — although various BBS-es were early prototypes. What Tim Berners-Lee wrote at CERN would never have become "the Internet's most important part" without a product usable by a non-scientist.

    Nor was it a browser in today's sence of the word, but rather more like a Wiki — tied to a single database (more like CERN's own BBS). He did not "invent it", he put forward one of the first (and very limited) implementations. For earlier ones see Xanadu and NLS — both, incidentally, by Americans (the latter, even, by the dreaded American Military!).

    I'm still glad CERN exists, of course, but there is no denying, that its contribution to WWW is dwarfed by those of NCSA and other American organizations.

    --
    In Soviet Washington the swamp drains you.