[governance] Re: ccTLDs and developing countries
pr+governance at x0.dk
Tue Aug 7 10:43:59 EDT 2007
yehudakatz at mailinator.com (yehudakatz) writes:
> Hello Stephane and Phil,
> I want to understand this particular thread (or parallel) better, wherein your
> opinions you demarc the 'Jurisdictional Boundaries' of ccTLDs and gTLDs.
> Could you please expand upon it technically (in terms of DNS) & non-technically
> (in terms of Governmental lines).
In political terms, control over the root zone data itself (and therefore
the underlying delegations) is asserted by US Department of Defense,
and ICANN. In technical terms, the root server operators have control
of what runs on their servers.
Root server operators are not all under control of US interests,
or even in the US at all:
But in the end, ccTLDs and gTLDs are in the same boat if those that
manage the root decide to pull the plug on a delegation.
With regards to jurisdiction:
- If you register a domain within a ccTLD, the general rule is that
conflicts and complaints are solved by the courts of the country itself,
and not subject to arbitration by (among others) the WIPO under the UDRP.
It's particularly interesting as the above article was written by
Kieren McCarthy, who now works at ICANN :)
Anyway, seen from the point of view of a Consumer / User / Registrant,
if said consumer happens to be called "ACME" or have a business called
"ACME", it's much easier for Acme Corporation to go after an individual
to force him to relinquish the domain if he has registered "acme.com"
than if he has registered "acme.dk". The short story is: not all
ccTLD registries see it a benefit to *their* community to subscribe
to the UDRP, making it difficult for local people to register domains
that happen to match those of big brands without being labelled "cyber
For reference: http://www.domainhandbook.com/dd.html -- catalog
of domain name disputes.
I'm sure other people will find better arguments than the ones above,
but these are the ones that strike me as most important.
> [*Note: Please base your argument from the perspective of the
> Consumer/User/Registrant. If you'd like to add the Political aspects like UDRP,
> Intellectual Property, etc. / thats fine, but thoses are already understood ]
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