Alternative DNS systems and net neutrality - Was: Re: [governance] DNSsec and allternative DNS system

[Michael Froomkin - U.Miami School of Law]

I would distinguish between new.net & IPC3.  The new.net issue was 
difficult -- consumers were being sold something that for man wasn't what 
they thought they were getting unless they read the fine print very very 
carefully.  I have no beef with people who were dubious and who counseled 
against it.  And new.net was very greedy about gobbling names and causing 
collisions of its own.  It did not play nice.

ICP3, on the other hand, was odd and not at all admirable in its 
gestation. See http://www.icannwatch.org/article.pl?sid=01/07/10/130744 
for details.

On the underlying issue, it's clear that alternate roots, if properly 
managed and properly promoted, are safe and legal, but not of interest to 
most people at present.  They are not all that useful for most people due 
to the network effects (the root's value is tied to the size of the 
installed user base).  It's also clear that ICANN does not feel at all shy 
about name collisions, further casting a cloud over a monied deployment of 
any new namespace.  It's hard at present to see the value proposition 
given the risks for investors, which is why it's not happening. 
Economics, not law, I think.


On Thu, 15 Nov 2007, Karl Auerbach wrote:

> Phil Regnauld wrote:
>
>> 	So no, no source of power, or legal authority, can deny existence of
>> 	these roots.  And ?
>
> Three things:
>
>  1. It becomes a matter of competitive pressures rather than governance.
>
>  2. Statements such as ICANN's condemnation of new.net and ICP3 are more 
> readily perceived as attempts to preserve ICANN's rather privileged position 
> through means that could, depending on the jurisdiction, be construed as 
> "unfair" and even "unlawful".
>
>  3. In the forums of internet governance it them becomes clear that there 
> are alternatives to a singular worldwide overlording bureaucracy of names.
>

-- 
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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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