Chapter 7: The Root in Play

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1. 'The chief technical officers of two of the largest ISPs on the planet indicated privately to me that unless something happened soon, they were going to point to AlterNIC.' David Conrad, email to author, February 18, 1997.

2. News Release, ISOC, Washington, D.C., October 22, 1996, 'Blue Ribbon International Panel to Examine Enhancements to Internet Domain Name System.'

3. Interview with Don Heath, June 19, 2000; interview with David Conrad, August 23, 2000.

4. Interview with Scott Bradner, July 19, 2000.

5. Heath later stated that he had wanted to add a CIX representative to the group (Simon 1998).

6. The seven proposed gTLDs were .web, .info, .nom, .firm, .rec, .arts, .store.

7. Pekka Tarjanne, 'Internet Governance: Toward Voluntary Multilateralism,' Keynote address, Meeting of Signatories and Potential Signatories of the Generic Top-Level Domain Memorandum of Understanding (gTLD-MoU), ITU, Geneva, April 29-May 1, 1997.

8. Network Solutions' Preliminary Response to the IAHC's Draft Specifications for the Administration and Management of gTLDs, January 17, 1997.

9. Cited in Wired News, April 24, 1997, <http://www.wired.com/news/politics/0,1283,3395,00.html>.

10. <ftp://www.sec.gov/edgar/data/1030341/0000950133-97-002418.txt>.

11. Jay Fenello, the would-be proprietor of a .per top-level domain for personal names, criticized 'the chaos the entire IAHC process has created in the Internet community. Their arrogance about their dominion over the root, and their claim to rightful ownership of such valuable properties like .com and .web have created the conflicts we are now experiencing. A fundamental question is why the IANA, a U.S. government funded contractor, should be allowed to 'give' seven new gTLDs to its self-selected representatives (especially when it negotiates behind closed doors, sets up a Swiss-based cartel, ignores prior Internet precedents, and is generally regarded as an inappropriate power grab). Why should the IANA be allowed to exclude already operational [alternative] TLDs and registries?' <http:// www.ntia.doc.gov/ntiahome/domainname/130dftmail/02_13_98.htm>.

12. Imagine Online Design v. IANA, Superior and Municipal Court of the State of California, for the County of San Luis Obispo, Case CV080380, February 27, 1997, <http://www.jmls.edu/cyber/cases/iod1.html>.

13. John Fontana, 'Net Domain Plan Draws Fire,' CMP News, Issue 644, January 6, 1997.

14. Comments of Computer Professionals for Social Responsibility in the NTIA proceeding, August 18, 1997, <http://www.cpsr.org/dns/cpsr_dns1.html>.

15. 'EU Commission Meeting with TLD Registry Representatives,' report by Niall O'Reilly, University College Dublin Computing Services, April 1997, archived at <http://www.fitug.de/debate/9704/msg00078.html>.

16. Kent Cukier, 'EC Urges Halt to IAHC Plan.' Communications Week International, April 21, 1997.

17. Comments of AT&T in the NTIA Notice of Inquiry, August 18, 1997, <http:// www.ntia.doc.gov/ntiahome/domainname/email/8_18_97comments.htm>.

18. P.G. Media Inc., dba Name.Space, v. Network Solutions Inc., 97 CV 1946, March 20, 1997, <http://name-space.com/law/litigation_cont.html>. The original complaint also named the Internet Society and the IAHC as 'non-party coconspirators' for their role in forming the gTLD-MoU, but this aspect of the complaint was later withdrawn.

19. D. Mitchell, NSF, to David Graves, Internet Business Manager, Network Solutions, Inc., June 25, 1997.

20. PgMedia d/b/a Name.Space v. Network Solutions Inc and the National Science Foundation, 97 Civ. 1946 (RPP), second amended complaint, September 17, 1997, <http://www.name-space.com/law/litigation_nsf.html>.

21. 'By redirecting the domain name ‘www.internic.net,' we are protesting the recent InterNIC claim to ownership of ‘.com,' ‘.org,' and ‘.net,' which they were supposed to be running in the public trust. Our apologies for any trouble this DNS protest has caused you. . . . We think we exercised restraint in the use of our latest DNS technology for this protest. We terminated the protest configuration at 8 a.m. Monday, July 14.' Cited in Courtney Macavinta, 'AlterNIC takes over InterNIC Traffic,' CNET News, July 14, 1997, <http://news.cnet.com/news/0-1004-200-320460.html?cnet.tkr>.

22. Ibid.

23. Interview with Brian Kahin, May 17, 2000.

24. 'The Administration of Internet Addresses,' Office of the Inspector General, National Science Foundation, February 7, 1997. The report argued that 'the public interest requires that Internet address administration remain a governmental activity' and that the government should impose fees on domain name and IP address registrations and use the money to supplement the government's investment in the Internet.

25. W. Bordogna, NSF, memo in response to OIG report, April 17, 1997.

26. Ibid.

27. 'US Federal Gov't Decides to Solve DNS Problem-Rug Pulled out from under NSF,' Cook Report, March 28, 1997.

28. Karl Auerbach statement in Freed collection.

29. David Conrad, interview with author, August 23, 2000. Conrad, as head of APNIC at the time, committed US$50,000 to IANA support and reported that RIPE-NCC had committed US$25,000.

30. Magaziner had also been in charge of the Clinton administration's abortive health care reform initiative. That initiative had received a brutal response in part because it attempted to socialize a larger part of the U.S. health care system. More than one internal observer of Magaziner's role in the creation of ICANN felt that he was motivated in part by a need to redeem himself for the health care fiasco. Magaziner went to extraordinary lengths to actively consult with as many actors in the private sector as possible.

31. Gordon Cook, transcript of interview with Ira Magaziner, September 24, 1998.

32. The original co-chair was Bruce McConnell of the Office of Management and Budget, but he became an inactive member and was replaced by Burr in July 1997.

33. State Dept cable; on file with author.

34. Interview with Brian Kahin, May 17, 2000.

35. Presidential Directive on Electronic Commerce, memorandum for the heads of executive departments and agencies, July 1, 1997.

36. Request for Comments in the Matter of Registration and Administration of Internet Domain Names, U.S. Dept of Commerce, Doc. No. 970613137-7137-01, July 1, 1997.

37. 'US Rejects Net Name Plan,' May 2, 1997, <http://yahoo.cnet.com/news/0-1005-200-318681.html>.

38. Email to gtld-discuss mailing list, October 1997.

39. Email, Gordon Cook to com-priv list, November 14, 1997; on file with author.

40. U.S. Congress, House Science Committee, Subcommittee on Basic Research, Hearing on Internet Domain Names, September 30, 1997, <http://www.house.gov/science/pickering_9-30.html>.

41. Stability, competition, private, bottom-up coordination, and representation were adopted as the basic principles to guide the transition.

42. Three would be appointed by the Regional Address Registries, two by the Internet Architecture Board, and two by an as-yet-nonexistent 'membership association of registries and registrars.' The remaining seven members would represent Internet users, to be elected by an (also nonexistent) Internet users' members association.

43. The minimum requirements involved a searchable database, accurate contact information, selection of a 'readily available and convenient dispute resolution process that requires no involvement by registrars,' and suspension of a domain name during a dispute if a trademark owner objected to it within 30 days of its registration. Green Paper (NTIA 1998a), Appendix 2, p. 8833.

44. Email, Cook to author, August 12, 2000, with quotations from Magaziner interview, December 10, 1997.

45. Interview with Paul Vixie, July 18, 2000.

46. Email, Brian Reid to author, August 12, 2000.

47. For news coverage of this event, see Sandra Gittlen, 'Taking the Wrong Root?' Network World, February 4, 1998; Ted Bridis, 'Clinton Administration Says Internet Reconfiguration Was Rogue Test,' Associated Press, February 5, 1998.

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