[LAC-Discuss] FW: [governance] Where are we going?

[Carlton A Samuels]

-----Original Message-----
From: Milton Mueller [mailto:mueller at syr.edu] 
Sent: Saturday, April 07, 2007 11:37 AM
To: gurstein at gmail.com; governance at lists.cpsr.org
Subject: RE: [governance] Where are we going?

>>> gurstein at gmail.com 4/6/2007 11:31:04 AM >>>
>A simple (and probably naïve) question here... What is to stop a domain
>name such as .xxx.tv (or .f**kfest.cat for that matter) being
>established or would it matter?

It's a good question, MG. And a very important one. 

Currently there is nothing to stop such names, because we basically adhere
to the decentralized distribution of authority that was part of the original
design of DNS. So the .CAT registry gets to decide whether someone can
register f**kfest.cat, and the .TV registry gets to decide whether someone
can register .xxx.tv. This delegation of authority is critical to the
Internet's freedom.

Now when ICANN and GAC decide that the top level can't publish ".xxx"
because some people would be offended by it, they are setting a dangerous
precedent. Because, as you imply, there is not a lot of difference between
xxx.tv and tv.xxx. Indeed, many of my opponents in this debate have insisted
that all is well because you can still publish xxx.tld even if ICANN won't
approve "sld.xxx".

But this argument proves too much. If there is no semantic, technical or
behavioral difference between xxx.tld and sld.xxx, then the governments and
regulators who don't like xxx anywhere will probably attempt to use ICANN's
technical leverage to extend control to the second level. If you can't
register TLDs that people object to, what's to stop ICANN From starting to
assert authority over second or third-level names that offend? 



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