Re: DNS: DNS litigation Issues

Re: DNS: DNS litigation Issues

From: Geoff Huston <gih§>
Date: Mon, 9 Dec 1996 18:44:39 +1000

I am unsure whether your queries are made in your occupation as a journalist as
noted in your signature block, or as a member of this mailing list.

Given my uncertainty I have decided not to respond to your queries below other than by
this note, however I note that other list members may not feel simlarly constrained.



At 3:53 PM 9/12/96, John Hilvert wrote:
>At 02:11 PM 09-12-96 +1000, Geoff Huston wrote:
>>Here's a draft - comments welcome
>>   Geoff
>>Internet Domain Names
>The paper raises a number of issues but it seems to me your key reform is at
>the last par:
>>This does require some form of public instrument to effect this critical
>>change in recognising the authenticity of the Internet Domain Name
>>environment as a public name authority in its own right. It is noted that
>>such public recognition of the activity may be accompanied by operation of
>>the process by a duly created operating entity as a component of government
>>administration, or it may be accompanied by a process of more formal
>>delegation the responsibility for the operation to duly authorised bodies.
>>Either approach would be a significant step forward in preserving the value
>>and utility of the ".au" name domain over the current situation, as it
>>would add a visible line of derivation of authority within a process where
>I am not opposed to regulation, especially where it can make a market more
>The four questions I wonder about are:
>a) Who benefits from such moves? Can you spell out what you mean by the
>"ultimate functionality of the Internet domain name system"? Are you arguing
>for some legal shield for the naming authorities? By creating a new right of
>ownership to a domain name, what responsibilities, if any, follow?
>b) What role is there for conventional contract (between a naming authority
>and the applicant, for example), intellectual property laws as well as
>markets generally in this proposed scheme? Just because there is legal
>backing for a naming process does not mean it can't or won't be challenged
>in the courts. 
>c) How does this fit in with how other countries are attacking the issue of
>contested domain names? Given that certain domain names have value, if
>Australia led in this area, can we rule out opportunism from overseas
>applicants for example. 
>d) Because the DNS seems connected to many other aspects of Net
>administration such as routing tables and the like, how great a risk is
>there of trading off creeping red tape for all for the occasional and
>inevitable litigatory snarls of the future?
>In short, why do you believe the litigation risk has become so great and so
>uncertain that we need The Government to sort it out?
>John Hilvert
>Journalist at Large
>"The shallower you are, the more ground you cover."
>For great education software reviews try


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And as a quick postscript to those cut and paste reporters lurking
out there...

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Received on Mon Dec 09 1996 - 19:36:44 UTC

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