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ICANN's Time Is Up, According To John Gilmore 147

EyesWideOpen writes: "Salon has a lengthy interview with Cygnus Software co-founder John Gilmore about why he feels it's time for ICANN, the Internet Corporation for Assigned Names and Numbers, to go. Gilmore, along with the Electronic Frontier Foundation, is currently helping to fund a lawsuit filed by ICANN director Karl Auerbach against ICANN. ICANN has denied Gilmore access to its financial information, providing the basis for the lawsuit. Gilmore states: 'I believe it's because there is information in there about how ICANN has misused its money, and/or has favored people who lent or gave it money.'"
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ICANN's Time Is Up, According To John Gilmore

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  • The EFF (Score:1, Offtopic)

    by ObviousGuy ( 578567 )
    After that last EFF Fair Use Game [eff.org] debacle, I have lost complete faith in those clowns.
    • Ya. What was the EFF thinking when they made this thing. Everyone knows first-person shooters is where it's at.
    • Debacle? How was it a debacle?
      • Re:The EFF (Score:1, Insightful)

        by Anonymous Coward
        Find a link to the game without using a search engine or relying on the link posted here. Show how a normal Internet surfer would stumble upon the page in the course of their daily surfing.

        Then consider how much time and money was wasted coming up with that monstrosity, time and money that could have been devoted to lobbying Congress or raising the profile of the EFF. That's why it's a debacle, it has completely squandered good will and actual money and nothing has come of it.
  • by Sheetrock ( 152993 ) on Tuesday July 02, 2002 @01:00AM (#3805652) Homepage Journal
    I'd put him up there with Jon Postel (unfortunately deceased) as being one of those who really 'gets it' as far as the Internet goes. He's originated or been part of most great things (including the EFF, the alt.* newsgroups, and Cypherpunks). I don't agree with all of his concepts, such as spam being free speech, but he's been funding a project to permit intelligent spam filtering at the mailbox by comparing incoming mail's content to other mail you've said you liked/disliked.

    He's right on the money with ICANN, too, although I'm sure I don't need to go into a spiel as to why. But if you aren't familiar with him, you might want to take a look at his other work if you want to see some cutting-edge concepts that are in need of an innovator.

  • discreditting (Score:4, Insightful)

    by larry bagina ( 561269 ) on Tuesday July 02, 2002 @01:02AM (#3805657) Journal
    And he published it in an attempt to discredit the lawsuit, by claiming that the people behind the suit were just trying to tear down ICANN.

    There's a saying that's popular with defense laywers ... "When you don't have the law, you argue the facts. When you don't have the facts, you argue the law. And when you don't have either, you persecute the prosecutor"

    • And he published it in an attempt to discredit the lawsuit, by claiming that the people behind the suit were just trying to tear down ICANN

      And our problem with that is supposed to be?

      Where the hell did anyone get the idea that ICANN has a constituency in the Internet community? It looked like a wonderful experiment in the beginning. It went straight to hell. Perhaps examination of its records by historians or more likely, attorneys will tell us what really happened.

  • Read it and weep (Score:5, Insightful)

    by mumkin ( 28230 ) on Tuesday July 02, 2002 @01:17AM (#3805695) Journal
    I shouldn't have to say this, but those of you reading comments without reading the article [salon.com] really should do yourselves a favor and follow that link. The fact that ICANN won't let its own director have access to the books is an incredible testament to both its star-chamber mentality and the incredibly fucked-up way in which it is constituted in the first place.

    In addition, Gilmore has some particularly spooky things to say about the history of Network Solutions, and what he estimates the *real cost* of maintaining a domain's registration to be (less than 1 cent/year).

    • by rtscts ( 156396 )
      If it gets much cheaper than it is already to register domains, people will just go around buying thousands of domains rather than dozens or hundreds they currently are that they have no intention of using, just to a) piss people off b) squat c) coz they can.
      • people will just go around buying thousands of domains rather than dozens or hundreds they currently are

        So?

        According to the linked article, part of the "fix" for the Internet is to allow dozens/hundreds/as-many-as-you-want top level domains. In that way, you can have ford.com and I'll take ford.car and my neighbour can have ford.truck and ford.parts if he wants them. And on and on. That way, domain-squatting becomes a bit of a waste of time; why will someone give me thousands of dollars for ford.car when he can just register ford.cars and put up whatever he wants.

        It makes a great deal of sense to me.

        Compare this to street addresses. If my street address is 123 Smith Avenue, that doesn't prevent someone else from also living at 123 Smith Avenue. I'm in Mycity and he's in Hiscity; 123 Smith Avenue is not unique to me, but if you come to 123 Smith Avenue, Mycity, you can find me. The fact that I'm using 123 Smith Avenue doesn't prevent anyone else from using 123 Smith Avenue too; we can still find where we are going.
        • It matters a lot to Ford if people are mistyping ford.car and getting sent to a porn site.
          • by Hobbex ( 41473 )

            Why does it matter more then if people take the wrong street and end up at the porn store at 1700 Maple Street instead of the Ford dealership at 1700 Elm Street? Or call 1-900-5551234 to a phonesex service instead of 1-800-5551234 to Ford's customer service?

            Domain names are not keywords. Domain names are not keywords. Domain names are not keywords. ARG.
      • Well, that can easily be solved.

        One person/company - one domain.

        Why should anyone have more ???
        It very easy to create sub-domains if
        you want more than one domain.

        Why should anyone be able to register thousands of domains ???
        • One person/company - one domain.


          Why company? Why can't an unofficial group
          register? It becomes problematic with this rule.
          Why can't my neighborhood philately club register, say? Why do we need to have a company set up for that? To boot, a company according
          to which laws? US? Swiss? Madagascar's?

          • Well if tyou non-profit organisation wants to set up a web place it can do so but it should not have the right to have 20 webadresses just one.

            • You realize this is a meaningless expression
              of a wish, kinda hard to implement as a policy.
              Who will decide what is the same organization?
              Can't a big organization ahve BigOrgUS.bla and
              BigOrgFiji.foo?
    • This was on Slashdot when it happened. As have been many other shady events involving ICANN.

      ICANN seems to be clearly in violation of it's charter. It also seems to have been granted extra-legal powers by the government (in, as far as I have noticed, a largely unofficial way).

      There have been presistent allegations of fraud, domain hi-jacking, domain squatting, etc. circulating around ICANN, and as far as I know, no legal investigations. (But would I know? probably not until they were made public.)

      The main thing is that the ICANN board doesn't seem to have anyone who has the standing to sue them. Mr. Gilmore is an exception. The only other plausible alternative that I can think of is a class action suit by all of the people who were denied domain names that weren't in use, and that looks quite iffy to me, but IANAL.

      I would maintain that having any centralized organization in charge this way will over time tend to lead to these same abuses. This is intended to be an argument for a more decentrallized design. Unchecked power tends to become corrupt, and the best way to emplace checks is in the form of competition with a low bar to entry. Design the system so that it continues to work properly so that you don't need to keep breaking in to fix it.

      In the case of ICANN, this would seem to mean some way of resolving name clashes that allows for conflicting names to be assigned. Imagine a world in which only one person was allowed to be named John Smith. Name clashes shouldn't cause unresolvable problems. Perhaps it could be dealt with analogous to a name clash in a hash table. You can do chained hashing, of list extensions as two solutions. It's silly to think that Joe's Shoes and Joe's Hamburgers can't each have www.joes.com. Yes, there's a clash, but that just means that you need to use some resolution mechanism. Perhaps the GUI could be a drop-down list that contained a list of sites with each having a brief (40 char?) text description:
      Joe's Hamburgers in Littleton,OH
      Joe's Shoes in Oxnard, CA
      Joe's Pizza in Cambridge, G.B.
      You really don't what to miss this!
      Some stupid site description
      Another silly ad

      Note that the text was freeform. If you want to waste your 40 chars on an ad, then probably nobody will feel any need to visit you. But it's allowed. Now somebody claiming to be "Joe's Hamburgers in Littleton, OH" who was stealing the site from the real one really would deserve to be sued. But all of these businesses deserve to be listed under www.joes.com. Maybe browsers could have a simple grep-oid filter that would allow you to avoid even seeing the list, when you wanted an Ohio business, or a hamburger. Just type(say):
      www:[hamburger]//www.joes.com
      and only the sites with hamburger in their description would show up in the list. In the example this would limit it to one, so you wouldn't even need to select from the list.

      OK. That's one way to resolve it. I'm sure that there are others. But centralized control is a bad idea, and needs to be designed away from.

      • .io does this (Score:2, Informative)

        by mumkin ( 28230 )
        The .io TLD [www.io.io] (British Indian Ocean Territory) attempts to accomplish something like what you propose. Essentially, you would go to www.joes.io and if the only place that had registered "joes" with them were Joe's Hamburgers of Littleton, OH, they would auto-redirect to whatever the real URL for Joe's Hamburgers was (www.joes.hamburgers.littleton.oh.us ?). If, on the other hand, three businesses had registered "joes.io" with them, then going to www.joes.io would bring up a page much as you describe:
        • Joe's Hamburgers (Littleton, OH) - we cook 'em tasty!
        • Joe's Shoes (Oxnard, CA) - a sweet treat for your feet
        • Joe's Pizza (Cambridge, G.B.) - meat and cheese on dough

        You can see an example of this at work at http://www.lloyds.io [lloyds.io]

        They claim to have over 350,000 registered users, but I've never encountered a redirecting IO address in the wild, and it's not a very sexy implementation (imho). The other two examples they cite on their homepage, spicegirls.io [spicegirls.io] and discman.io [htttp] seem to tell the real story -- it may be fine if you're just redirecting to the index page of a domain, but when your IO redirector points at some page deep in the twisted hierarchy of your corporate website, well, that's just one more annoying (and unusual) thing for your admin to have to maintain.

      • Okay, that sounds like a nice idea, but what about any other Internet technology besides the Web? How would this work with e-mail? How about Usenet? Most technologies don't (or may not) have a GUI interface to choose a server based on name.

        Repeat after me: The Internet is not the Web.
        • You are right ... this was an idea off the top of my head, and all of the details weren't developed. A lot more could have been.
          E.g.:
          e-mail: when you receive an e-mail the reply-to field contains as well as the name to be resolved, the tcp/ip address. If you hit reply, then you reply to that address. If you bookmark it, that's what you bookmark. etc. If you are typing it in, then you need to do a resolve (just as with the browser).

          The design of the user interface isn't the hard part. By and large the modifications are trivial. The hard part is the changes to the internals, particularly resturcturing the DNS to be a lattice with rings rather than a tree. But this is what allows you to do locally based resolves (which remove load from the central name repeaters [remember, the names are assigned by the local groups without excessive worrying about clashes]). The local resolves then never need to refer to the more distant name repositories except when a more extended, or even global, resolve is needed. This is so that to the greatest extent possible, local resolves are handed locally. (A lot of this is quite like the current system, but the authority is located in a different place, and name clashes can be expected, so they must be allowed for.)

          The result of this would be that if any particular segment of the net were severed from it's connection to the rest, it would continue to work locally to the greatest extent possible. Local cache refreshes wouldn't loose the locally available names. If a city is cut off, the local names within the city would continue to work.

          Remember that a part of the design is that the bar to entry should be low. This means that the software to run the system must have some kind of public license. Open source isn't enough, it can't have any excessively restrictive license. (Open Source probably would be enough, though I'd need to check on exactly what they require for certification.) If I want to set up my own name registry, then I should be able to join the local ring. The rings should be small enough that each member holds all of the addresses in all the rest of the ring .. periodically refershed. And each ring should have two connections to lattice up-links.

          OK, ring is a bit wrong, the concept is that within the local "ring" all the repositories have complete copies of every name that is locally registered. The uplinks are occasionally asked what names are locally registered, and they know all the names on every ring they are connected to. (Actually, it would probably be a request for changes to propagate... names could be relinquished, etc.)

          Lots more details that I could think of, and I don't even know, really, how the current system works. The key point would be ensuring that nodes at whatever level could be added or removed without disabling the system. Tricky if you start thinking of just how a request for a global resolve could be processed. You don't want to do too much polling, but you also don't want to put too much load on any one machine. etc.

          It isn't the user software that would be difficult (except for inspiring them to change it).

  • It is about time they go. They made a big mess that will take years to fix.
  • by CatHerder ( 20831 ) on Tuesday July 02, 2002 @01:32AM (#3805748)
    Just a minor correction. It's not Gilmore who can't see the books that's the issue, rather that Karl Auerbach (the NA elected representative) can't see the books. Check out Karl's saga at http://www.cavebear.com .
  • by q[alex] ( 32151 ) on Tuesday July 02, 2002 @01:42AM (#3805768) Homepage
    Damn... Every time I run into something that John Gilmore has done I get this shivery feeling down the back of my neck. Here's a guy who has just got it all figured out, way ahead of the rest of us... or at least way ahead of me.

    Err, but yeah. The reason I'm posting is because anyone who hasn't read Gilmore's letter to Vint Cerf really should... it's intelligent, funny and scathing. It's at http://www.icannwatch.org/article.php?sid=763 [icannwatch.org] and it's brilliant.

    • Gilmore says it best about what ICANN is now a days in his letter to the director -

      /snip

      "I have absolutely no idea what you are doing leading that megalomaniac, unaccountable, unresponsive, anti-expression, anti-public-interest organization."

      /end snip

    • by Anonymous Coward

      "ICANN is going down, one way or another. Either it will go down like East Germany, with a peaceful transition to governance responsive to the public will, or it will go down like Japan, with big bombs dropped on it."

      Somehow I don't think statements like that are going to go over to well.

      That said, the rest of the letter is as the original poster said, intelligent, funny, and scathing. I used to have alot of respect for Vint Cerf too. I wonder what happened...

    • by jrest ( 539296 ) on Tuesday July 02, 2002 @04:35AM (#3806111)
      Some tidbit of information that I didn't know about: Vint Cerf happens to have some STRONG ties to another mayor news-item: WorldCom: WorldCom: Resources: Cerf's Up [worldcom.com] (Check out the date on this piece) Since I didn't know this, I guess other people might not know it either.
  • Karl and John both have brains - and use them!

    I wish we could get a president with brains...

    BTW: Join the EFF [eff.org]!

  • by Anonymous Coward
    I CAN, U CAN, we all CAN get rid of ICANN!

    We need a P2P version of DNS. Of course it would be much worse in terms of performance but it's harder to buy thousands of people than it is to buy a dozen.

    Any ideas?
    • This first saw this idea kicked around on slashdot a few months ago. I actually had sit down with one of my professors [udel.edu] (who actually helped invent the internet, and I don't mean that in the Al Gore way) He said, IIRC, that for such a setup, effeciently updating dns entries would become a nightmare very quickly. Remember - there are only 12 root dns servers. I'd imagine that if you did the math, the sum total of all DNS entries would be on the order gigabytes (or maybe even tens of gigabytes) of data. Broadband simply is not at the point where it can cope with such a load.
      • You've made a good case that it would be difficult. Also that you couldn't use the current design.

        This doesn't imply that it's not do-able. Or that it isn't worthwhile. My favorite scheme has local dns servers that register their own names as they choose, and can also probe for a global resolve. Not a tree structure, but a lattice, with each level going up connected via a ring (or series of rings).

        This scheme would result in name clashes, which would tend to be resolved in favor of the more local site, but which could also get a global list of matching sites. To resolve the clashes, each name should have an optional short descriptor field. Perhaps 40-50 chars. When a name clash resulted, then the desired site could be picked from a list.

        This approach would still have large sites that mainly resolved names, and also small local sites that did the same. Breaks at one level would route around and up through an alternate link on an as-needed basis. Direct resolution would still be via TCP/IP id. If you asked for a site, you'ld tend to get the most local site that matched. If that didn't work, you could ask for a global resolve, and select from a list (which would be free form text, but short).

        And there wouldn't be any central registry of names. There would instead be several central caches of names that were regenerated on a periodic refresh basis. Name assignment authority would be local.

        I don't see why this would be any more compute intensive than the current system. Possibly slightly less. The local systems would only need to cache the sites that they served (as now) and, additionally, the sites that they registered.

        What happened what that the original internet was designed at a time when there were many fewer computers, so the design was based around that. When hosts became too cumbersome, and improvement (DNS) was designed. And it was an improvement. But this sure doesn't make it perfect. One of the faults it that it depends on a centralized name registry. This limits the expansion, and leads directly to ICANN (choke points attract controling personalities). So any redesign needs to avoid this weakness. This means rethinking the means of name assignment. If you don't, then your professor is almost certainly right.

        But if you redo the name assignment, then the browsers need adjustment or it will become difficult (the clash resolution list could be presented as a web page, created on the fly, but that would be less convenient than a drop-down list at the URL menu bar). And if you want to allow a request for a global name resolution (as opposed to a local resolution), then you need to provide some way to request it. Not hard, but requiring at least minimal adaptation.

        These changes are a lot easier than some of the other changes that would be needed, but they would obsolete a lot more pieces of software. (All of the current web browsers.)

        But this might be a very good time to start planning how to do this. IPv6 software is still being written, so now is when it would be easiest to implement. Or at least plan for implementation.
  • Sometimes I think I should have picked out the Demosthenes!Tecumseh as a slashdot handle. But anyway...on to this ICANN stuff. If ICANN is breaking the law by withholding information from a board member, then they are breaking the law plain and simple. It seems as though this is a fairly obvious case to me. Even if ICANN isn't doing something illicit with their income, the practices that are described in the Salon article and in Gilmore's original email to Vint Cerf are despicable. In regards to whether they have their hands in the cookie har, I have this thought...a quote from Independence day sort of..."Does anyone really believe a hammer costs 50 dollars?"
  • We have rights?
  • As was said in a previous slashdot comment [slashdot.org],

    ICANN will now be known as UCANT
    (Universal Controller of All Network Traffic)
  • by Slashamatic ( 553801 ) on Tuesday July 02, 2002 @02:46AM (#3805910)
    One of the things that is being kicked around with Enron/Worldcom/Xerox is that the board jointly and severally carries the responsibility for correct corporate governance. Well this for the "for-profit" companies. This means that the board is entitled to make enquires as to whether information being presented to them for approval (such as the balance sheet) is correct. What about non-profits? This question was posed before, but nobody seems to know about the specifics of California non-profits.

    Actually, it sounds very similar to the shenanigans at FIFA where the CFO went up against the CEO on the basis of some very dodgy payments and accounting practices that he had authorised. The CFO was forced to resign, alledgedly through the use of bought influence (In FIFA, Tonga has the same number of votes as Germany).

    Lets just forget that it is the Internet and just look at other organisations involved in coordinating things internationally. I mentioned FIFA, we also know about the Olympics committee. Other organisations closer to home, such as CCITT tend to be bureaucratic and inefficient but not particularly corrupt.

    Is it possible to have a minimalist organisation that is cheap, efficient and honest that can manage something like the Internet?

    ICANN't, Can you?

    • "Is it possible to have a minimalist organisation that is cheap, efficient and honest that can manage something like the Internet?"

      I do not know. However, if a board member begins to suspect that the organization is failing its charter due to, for example, over-spending on shady subcontracts, that board member has a responsibility and a right to check the books to see what's what.

      This is the case here, and the management -- which is supposed to be subservient to the board -- is blocking a board member's request to check the books. That raises red flags for me and obviously the EFF, Gilmore, and others. I agree that this should be against the bylaws of an international organization responsible for managing a world-wide public resource.

    • Other organisations closer to home, such as CCITT tend to be bureaucratic and inefficient but not particularly corrupt.

      Doesn't ITU already assign things like telephone country codes? It seems like doling out top-level domains would be well within their area of expertise and authority.

      • Good point, but their are no telephonic equivalents for the international domains, .com, .org .net and so on so the allocation can be easily devolved to the countries.
        • True. I feel .com, .org, .net, .int, and perhaps .edu should belong to some long-established organization such as ITU, CCITT, or even UN. Obviously the oddball US-specific top-level domains (.gov and .mil) should still belong to the US government--it's a weird legacy thing but there's not much point in changing them now.

          I think most of the uproar against ICANN comes from the thought, "Who died and made them boss?" (Answer: Jon Postel died, the US Department of Commerce made them boss, but still...)

          • Um, if I recall correctly, Postel was kind of bullied into approving the idea of a tld organisation. It ranles that US policy, trademark law and so on is being applied to tlds.

            The US-centric view of the tlds is also leading to issues with uses of alternate character representations, which don't tend to get understood too well there.

    • Forget NATO or the UN, FIFA is the real world governing body.
  • by nfras ( 313241 ) on Tuesday July 02, 2002 @02:55AM (#3805925)
    In Australia we used to have the benevolent dictatorship of Robert Elz. He was the instigator of the .au domain until he was thrown out by the ICANN lap dog that is auDA. There was a huge amount of negative press about his 'unnaccountability' and the 'arrogant' way he dealt with people. There were press stories that if he refused to give up the name then they would have to force him via the courts. Throughout this Robert kept a dignified silence. When he released the name to auDA ICANN released this statement

    "Whereas Robert Elz has devoted over 15 years of selfless and dedicated service to the global Internet community as the registry founder and operator of .au.
    Resolved that the ICANN Board on behalf of the global Internet community extends its deepest thanks to Robert Elz for his profound
    countributions to the evolution and stable performance of the global Internet."

    We are like dwarfs on the shoulders of giants
  • The evil bastard who runs an open gateway?
  • Hm (Score:4, Funny)

    by DNS-and-BIND ( 461968 ) on Tuesday July 02, 2002 @03:25AM (#3805986) Homepage
    ICANN's financials are right in the open for anyone to see on their website.

    http://www.icann.org/financials/ [icann.org].

  • Comment removed based on user account deletion
    • People keep talking about what the US Government should do about ICANN, but even the US Government is just a dubiously-implemented indirect representation of a small fraction of Internet users. The whole idea is ridiculous, because Internet users can directly vote for who should have that power, just by entering some addresses into their computers. Just pick a root who has the best policies and point to it. We don't need government involvement at all in this.

      And yeah, when you're making that decision, OpenNIC stands out as the one who has the right idea.

  • by tlambert ( 566799 ) on Tuesday July 02, 2002 @04:41AM (#3806120)
    FWIW, here is a transcription of the statement that included the publication of Gilmore's e-mail to Vint Cerf, transcribed from the PDF image from the link linked to by the article.

    It looked to me that Vint was doing everything he could legally do, to do the right thing.

    -----------
    I, Vinton Cerf, declare:

    1. I am the Chairman of the Board of Defendant Internet Corporation for Assigned Names and Numbers ("ICANN"). I have personal knowledge of the matters set forth herein and am competent to testify to those matters.
    2. Mr. Auerbach has never, pursuant to Section 6 of the ICANN Inspection Procedures, requested full ICANN Board review of the Audit Committee's determination regarding the arrangements for his inspection of the corporate records.
    3. On March 18, 1002, I received an e-mail from John Gilmore, in which he asserts that he "contributed significant funding for" this lawsuit. Mr. Gilmore is one of the founders of the Electronic Frontier Foundation, the organization providing representation for Mr. Auerbach in this lawsuit. A true and correct copy of the e-mail from Mr. Gilmore is attached hereto as Exhibit 1.

    I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
    This declaration was signed on April 16, 2002 at Washington, D.C.

    [ Signature ]
    Vinton Cerf

    [ Attached e-mail ]
    -----------

    I seems to me that Vint is pointing out that the decision was made by a subset of the Board of Directors, the "Audit Committee". It also points out that there is recourse available to Auerbach that he has not exercised, prior to filing the lawsuit.

    It also seems (to me) that the statement numbered "3" was minimal, in not drawing any conclusions based on it. Thus the "terse statement" condemnation of Vint Cerf's statement in the article isn't really a very strong condemnation; it looks to me that, by leaving out the social context, Vint allows for interpretation favorable to the case.

    This interpretation is bolstered by the fact that the statement numbered "2" seems to go out of its way to point out a way around the "Audit Committee", as if it were a tightly controlled minority clique of the full board, and in pointing out seems to imply success might be achievable via that route.

    At the very least, Auerbach needs to try to avail himself of that route, so that if it fails, he can counter a motion for dismissal (i.e. it's arguable that this case is only a matter for the courts if all other reasonable recourse has been exhausted, which it has not been, according to this statement).

    I have a very hard time believing that Vint would not have been as explicit or terse as this, were it not for the legal liability issue as the chairman of the Board of Directors of the Defendant.

    -- Terry
    • The point is that he is not supposed to have to go through that route, as California law give a director an "absolute right" to access the material he has asked for - if the Audit Committee ever denies a request from a director, they are violating California law, so it would seem that this procedure is only there to make it harder for directors to excercize their rights (and duties).
      • "The point is that he is not supposed to have to go through that route" ...

        We don't have the history. It may be that he asked the Audit Committee instead of the full board, so he asked the wrong people. If I send a driver's license renewal into the Secretary of State for the state, I will be lucky to get a response at all, whereas if I send it into th DMV, I'm much more likely to get what I set out to get.

        The real question is how was he asking, in such as way that the request was denied by this committee.

        The name of the committee, the "Audit Committee", is somewhat of a giveaway as to what he was asking about the information: he appears to have wanted an audit.

        In any event, it will be very hard to get a court to order the release of records that ICANN claims he can have by asking the right people.

        The implication in the story is that the company -- not the Audit Comittee of the Board of Directors -- denied the request. But in Vint Cerf's statement #2, it's clearly implied that it was a subset of the Board of Directors that denied the request.

        If I were in Vint Cerf's shoes, with a fiduciary responsibility to the company, and, I'll presume, a desire to See The Right Thing Happen, I could make it no clearer without legal risk. To me, he is saying:

        "Mr. Auerbach, PLEASE request full ICANN Board
        review of the Audit Committee's determination
        regarding the arrangements for your inspection
        of the corporate records, pursuant to Section
        6 of the ICANN Inspection Procedures, so that
        I can help you."

        It's nearly impossible for me to read this any other way.

        -- Terry
        • Well, except in Illinois at least, where all driver's license renewals are mailed directly to the Secretary of State. Of course, half of the state buildings have his name on them too; apparently there's some sort of persistent megalomania that afflicts ICANN cronies as well as Illinois Secretaries of State.

        • We DO have the history, though perhaps not in that article. Most of the major facts of the case or not disputed by neither ICANN or Auerbach - they have both specifically filed briefs where they admit to most of each others claims regarding what happened.

          The point is that Auerbach by California law as a director does not have to ask the board, nor any committees of the board for access to the companies files. He needs to tell the staff of the company that he intends to inspect the companys offices and books.

          By California law, the company is required to allow him to do that - he has an absolute right to do so.

          In other words, the Audit Committe (which IS a subset of the board) or the full board itself, does not have the authority to deny him the request.

          ICANN is trying to interpret "absolute rights" as "... as long as he accepts our restrictions". As soon as there are any restrictions, the rights can hardly be said to be absolute any more.

          Since they are on shaky grounds, they have been trying to make Auberbach look as someone who would break the law and publish confidential material to hurt the company, and decided that they better preempt that - Ignoring that if Auerbach did something stupid like that, he might be facing criminal charges for violating his duties as a director, and so he already has a pretty clear reason not to.

    • I seems to me that Vint is pointing out that the decision was made by a subset of the Board of Directors, the "Audit Committee". It also points out that there is recourse available to Auerbach that he has not exercised, prior to filing the lawsuit

      That may stop a judge saying "those crooks are hiding the records - throw them in jail", but I don't see how it would stop one saying "show him the damn records".
  • by scrm ( 185355 ) on Tuesday July 02, 2002 @05:38AM (#3806238) Homepage
    Want to hear the other side of the ICANN story? Vint Cerf will be attending a round-table conference [www.isoc.lu] in my home country of Luxembourg on Thursday July 4 at 2:30pm CET (time zone convertor here [timezoneconverter.com]) (it's just down the road from me, but I won't be able to attend to put questions to him, gotta work!). A live webcast will be available here [webcast.tsl.lu], so tune in then. Check out the conference info page for some good links and background on Cerf.
  • by chris_sawtell ( 10326 ) on Tuesday July 02, 2002 @06:10AM (#3806293) Journal
    The domain names debacle needs sorting out - urgently. It is completely wrong
    that the administration of such an important trans-national medium as the
    Internet is in effect in the uncontrolled hands of just so few people.

    The 'Net is something of such international importance that no national
    interest, commercial or otherwise, should have any control whatsoever other
    than the delegated administration of the names registries of the
    individual countries.

    This, in effect, means that the only organisation which should be able to change
    either the underlying protocols or the top level domains is the United Nations

    My own feeling about top level domains other than the country ones is that they
    should be simply removed. Absolutely every legal entity has a home in some
    country somewhere or other. No more .com, .edu, .mil, .net, or .org. The names
    which belong to organisations based in the United States should be using the
    .us top level domain. There is, I suppose, the argument that there are a few,
    very few, genuinely international organisations which should have domain names
    not tied to any particular country. The International Red Cross is the kind of
    organisation which comes to mind as the type which has the moral right to the
    irc.org domain name. Similarly there is a genuine need for a single
    supra-national domain for the use of the Internet infrastructure as a whole. I
    thought that .net was intended for this, but it seems to have been polluted in
    the interests of commercial gain.

    The pollution of the .org space by hobby software projects is another case in
    point. While these are certainly very useful and worthwhile projects, and the
    groups of individuals are frequently located all around the globe, I really
    don't think they have much in the way of absolute moral right to be in the .org
    namespace. Perhaps they should have a fully international top level domain name
    of their own. Is it .gnu or .oss?

    The administration of domains which have been given away or sold by their
    countries should revert to the UN until the countries in question can do it for
    themselves. The very idea that the whole address space for an entire country
    can be traded away for the personal profit of an idividual is, in this author's
    opinion anyway, just plain wrong, and should be corrected as soon as possible.

    Similarly, while the enhancement of Internet security is sorely needed at the
    moment, no particular commercial interest should ever be able to hijack the
    whole exercise by introducing secret protocols protected by draconian
    intellectual property laws. The overall effect of this will be to give the
    particular patent holder the right to tax every Internet user, or indeed every
    single message.

    Is this really what we want?

    --
    Christopher Sawtell
    • There is, I suppose, the argument that there are a few, very few, genuinely international organisations which should have domain names not tied to any particular country. The International Red Cross is the kind of organisation which comes to mind as the type which has the moral right to the irc.org domain name.
      That's what the .int TLD is for.
      The pollution of the .org space by hobby software projects is another case in point. While these are certainly very useful and worthwhile projects, and the groups of individuals are frequently located all around the globe, I really don't think they have much in the way of absolute moral right to be in the .org namespace. Perhaps they should have a fully international top level domain name of their own. Is it .gnu or .oss?
      Actually, .org was intended to be used by
      • non-profit organizations
      • individuals for personal domains
      • everything that doesn't fit into another TLD
      Therefore, the only namespace pollution in .org is companies that belong in .com, etc. Hobbyists and Open Source projects are using .org correctly.
      The administration of domains which have been given away or sold by their countries should revert to the UN until the countries in question can do it for themselves. The very idea that the whole address space for an entire country can be traded away for the personal profit of an idividual is, in this author's opinion anyway, just plain wrong, and should be corrected as soon as possible.
      I concur. I was rather discomforted when I first learned of what happened to .tv.
      Similarly, while the enhancement of Internet security is sorely needed at the moment, no particular commercial interest should ever be able to hijack the whole exercise by introducing secret protocols protected by draconian intellectual property laws. The overall effect of this will be to give the particular patent holder the right to tax every Internet user, or indeed every single message.
      Did you have any such secret/IP-encumbered protocols in mind?
    • Absolutely every legal entity has a home in some country somewhere or other. No more .com, .edu, .mil, .net, or .org. The names which belong to organisations based in the United States should be using the .us top level domain.

      Or some subgrouping of it. A bit like the way Canada used to do things before someone decided that yet another .misc was needed and .ca would fit the bill.
      Whilst there is a need for a .misc gTLD changing .com, .net, .org and a bunch of ccTLDs into .miscs was really just stupid.

      There is, I suppose, the argument that there are a few, very few, genuinely international organisations which should have domain names not tied to any particular country.

      Quite a few could probably go along the lines of who.un, unesco.un, etc.

      The International Red Cross is the kind of organisation which comes to mind as the type which has the moral right to the irc.org domain name.

      Or even irc.int or redcross.int
    • It is completely wrong that the administration of such an important trans-national medium as the Internet is in effect in the uncontrolled hands of just so few people.

      I'm not usually given to conspiracy theories, but I think that this is exactly the point of the whole ICANN debacle. The DNS is one of, if not the only, chokepoint in the Internet, the rest of which is largely run in a decentralized, rational, and transparent manner. An open, uncontrolled and uncontrollable Internet is a threat to many established power groups.

      The only theory I can come up with that fits all of the facts surrounding ICANN's behaviour is that some powerful group is behind ICANN and using the DNS to gain control over the Internet, for power and/or money. The way the management has given Auerbach the runaround makes it clear that the elected board members were intended to be powerless rubber stampers, which is why they're now dropping all pretenses of elections, since one of those elected directors is actually trying to do his job.

      Kudos to Auerbach and Gilmore for standing up to these bullies. Meanwhile, I think that the technical Internet community should be building alternatives. Going up against the established powers on their own turf of the courts and political system is foolhardy. Even if we win this particular battle, the power nexus that the DNS roots imply will continue to attract the corrupt or corruptable. A technical solution that completely decentralizes the problem that DNS tries to solve is the best long term strategy, eliminating this particular threat forever.

      This idea is completely in accord with one of Gilmore's maxims: "The net treats censorship as damage, and routes around it." The censorship and damage due to ICANN is clear, and we need to find a way around it.

    • My own feeling about top level domains other than the country ones is that they should be simply removed.

      Here is where you have lost credibility with me. Pandora opened that box a long time ago and there is no undoing it. Your utopian ideal is simply unrealistic.

  • It's been said before, it'll probably be
    said again. If you don't like ICANN, just point
    your DNS client to OpenNIC instead. Democratic
    name service the way it should be.


    It's easy to find and easy to use -- from ICANN-space, try http://www.opennic.net

  • This is the same John Gilmore who we savaged for running an open mail relay [slashdot.org] and not backing down or compromising in any meaningful way.

    Now, I fully support him in this endeavour, but let's not just slip into maudlin hero worship. Like an old fashioned preacher, Gilmore has gone from being representative, through conservative, until he's now an extreme fundamentalist, not because he's changed, but because the world has. Gilmore refuses to compromise his ideals one iota. Beyond a certain point that ceases to be admirable and just becomes stubborn and unrealistic.

    Again: I agree with the issue, I think he's fighting the good fight, but I just have some reservations about his judgement. I've had the feeling for some time now that John Gilmore is living in the past, and he just won't let go.

    • Re:Hang on a second (Score:3, Interesting)

      by JoeBuck ( 7947 )

      Attacks against people like John Gilmore (or Richard Stallman) for refusing to be "reasonable" and compromise their principles remind me of this quote from George Bernard Shaw:

      A reasonable man adapts himself to suit his environment. An unreasonable man persists in attempting to adapt his environment to suit himself. Therefore, all progress depends on the unreasonable man.

      This is not to say that Gilmore or Stallman are right about everything, they are not. But their effectiveness is associated with their refusal to abandon principle.

  • When ICANN goes? The COURTS take over. Large corps with plans for domain name grabs are increasingly abandoning ICANN for resolutions because ICANN frequently sides with the current holders. When using the courts however. It's pretty easy to throw money at the problem and get your way. (It's ironic that this is being leveled at ICANN when it's already a known and oftenused practive in the legal system)ICANN at least provided a small hope that the name you registered would reamin yours... (I provide the resent "Easy* vs "Easi*" fiasco as proof)

    The only part I agree with (And it's already been talked about) is that the US Gov. should take back control of ICANN (Or a global governmental body). For the reasons listed in the article. But even as it is, there had better be a MUCH BETTER plan in place before even talking about getting rid of ICANN. The alternative will be the ususal situation of being far worse off after the wolves have had their fun.
    • In the short-term, the only way things will break out of the control of the U.S.G. is if during a probable world-wide trade war between blocs, each of them carves out their 'sphere of influence' on the internet; and I suppose, 'negotiates' the 'interface' to each of the other 'root' domains. It wouldn't surprise me if China were to be the first to break out of a U.S.-controlled Internet, followed by the EU and/or the 'muslim'/african world...

      But, clearly the BEST way to go? A socialist world without corporate behemoths -- and a democratically-controlled Internet (among other things) based on just such a 'bottom-up' approach.

      I know libertarians don't like the prospect of communism -- being brought up in a knee-jerk ultra-capitalist environment -- but I point out that it is such as their laissez-faire attitude which has allowed the corporations to pull this very maneuver on us. It was bound to happen, given the amount of 'good faith' allowed the U.S.G. and its corporate backers -- a VERY ugly and criminal group of people, really!
      Us commies could, and did, easily predict this state of afairs.

      We also still have the only practical solution.

  • IMO - I believe we know most of it:

    "ICANN is secretive, slow, inefficient and, worst of all, firmly in the pocket of special interests."

    From ICANN Forum [icann.org]: Vint has become crooked and does not answer emails any more.

    ICANN wants more money to further increase their corrupt powers and for their Lawyers; JONES, DAY, REAVIS & POGUE.

    Karl should be allowed to see the books, with gagging preconditions. ICANN are supposed to be OPEN, for flips sake.

    ICANN use spin to say critics are just trying to tear down ICANN.

    Personally, I have always said ICANN (or similar) is necessary - as John Gilmore says, "No, we're trying to make ICANN accountable to its public for its actions."

    Those responsible should pay with time in jail for any illegal acts. Not fines like corrupt fat cats pay - money that will come from us - the consumer.

    We learn some new things, like it cost less than 25 cents per year per name to run domain name registry - are we all being screwed or what?

    It should cost should cost the huge NSI less than 1 cent per year to do the work. Screwing everybody harder still - car dealers would love that percentage markup.

    Mr Mueller, Mr Gilmore and myself all agree on about trademark abuse of power by the greedy corporations:

    Milton Mueller's account of Internet governance, portrays ICANN primarily as a tool for trademark protection.

    John Gilmore says "I do agree that ICANN and domain name policy has been perverted from the start by the machinations of trademark interests. Actual trademark law gives zero power to cancel or seize domain names, prevent their issuance, etc. Actual trademark law lets hundreds of people use the same name, both in different jurisdictions, and for different kinds of trades (e.g., computers vs. soap vs. ships). Trademark owners only have power over others when the others misrepresent themselves as the trademark owner."

    The authorities IGNORE National and Classification boundaries - this is unlawful - ask any (honest) Lawyer. These authorities know the solution to these trademark/domain problems - it is easier than using the telephone.

    My fellow posters - these corrupt people in the US DoC, UN WIPO and ICANN are aiding and abetting this abuse. They prevent all registered trademarks from using their mark - an illegal act.

    The Truth will win in the end - and the corrupt will be named and shamed.

    Please visit World Intellectual Piracy Organization [wipo.org.uk] - Not associated with United Nations WIPO.org !

"Sometimes insanity is the only alternative" -- button at a Science Fiction convention.

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