[governance] Re: ccTLDs and developing countries

[Phil Regnauld]

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:

	http://en.wikipedia.org/wiki/Jon_Postel#When_the_Internet_was_still_a_matter_of_public_domain_and_the_US_takeover_of_the_DNS_Root_Authority

	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.

	(see http://www.theregister.co.uk/2001/10/04/what_the_hell_is_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
	squatters"...

	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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