The ICANN meeting at Bucharest has the potential of being 
  one of the historic meetings that can be a defining moment in the history of 
  I-Governance. 
  The two most important issues that are up for debate and 
  will have indelible impact on the Cyber society are the issues of 
  participation of National Governments in the management of ICANN and the use 
  of an "Election Process" for selecting incumbents for a part of the management 
  board. 
  
  
  Dr Lynn's proposal for modification of the management structure is 
  favourable to the Government participation. A sequel to this has already been 
  presented through the
  
  report of a review committee which advocates a "Nomination Committee" to 
  select "non Ex-Officio members" to the management board and give a go by to 
  the election process that is presently in operation.
  If accepted, this may lead to a permanent change in the 
  structure of the organization. If not, it could lead to a backlash which could 
  have a devastating impact.
  Indications are that there will be a considerable debate on 
  these subject s during the Bucharest meet.
  Presuming that the meet would discuss the issues in a 
  constructive manner, naavi.org places its views on some of the issues that are 
  relevant to the Netizen community and inter-alia provides suggestions on 
  possible structure for ICANN which allows independence for ICANN in some areas 
  while admitting the role for National Governments in some other areas.
  Comments and suggestions from the visitors of this site are 
  welcome. 
  Naavi
  
  Key Issues
  Some of the issues that are likely to come up for discussion at the 
  Bucharest meeting are as follows:
  
  1. Review of the role of ICANN and its core objectives.
  2.Constitution of the Management Committee of ICANN and the representations 
  to be given to different interest groups.
  3.Role of ICANN in relation to cc TLD managers
  4.Role of ICANN in relation to International Domain Name System
  5. Role of ICANN in relation to private DNS management systems such as 
  New.net and dotworlds.net
  6. Need for separate TLD s such as .kids or .xxx
  7.Role of ICANN in Domain Name Dispute resolution in general
  8.Evolving a fair system of distribution of IP addresses when the new IPV6 
  protocol is introduced.
  9. Role of national Governments in the administration of ICANN
  
   
  1. Review of the role of ICANN and its Core objectives.
  ICANN's core objectives at present has been 
  
   To support a viable Domain Name System
  To Ensure Technology Coordination in Internet Management
  To Ensure IP Number Space Administration
  
  As a part of this process, ICANN has been drawn into the issue of 
  "Regulation" by being the implementation partner for WIPO for enforcing 
  Intellectual Property Rights applicable to the Meta Society in the Cyber 
  World.
  There are several inconsistencies in applying Intellectual 
  Property Rights of the Meta Society to the Cyber Society. Neither ICANN nor 
  WIPO will be able to find answers to these inconsistencies.
  In the long run it 
  is therefore preferable for ICANN to distance itself from assuming a "Regulatory Role" 
  which is not the Core Competency of ICANN. Any such involvement will be self 
  defeating since it will make the powers of ICANN subordinated to every 
  national regulatory authority and drag ICANN into several legal disputes 
  involving blocking of IP addresses, Domain Names etc.
  Any attempt to assume the role of a "Regulator" and toe the 
  lines of WIPO in domain name issues will have the potential to create pockets 
  of dissention that may grow into a movement of Netizens that will challenge 
  the authority of ICANN. This will pit ICANN as an organisation working against 
  the community of Netizens rather than facilitating the growth of the 
  community. 
  It is strongly recommended that ICANN should keep itself away from involving in the "Regulatory" aspects 
  except under the directions of a competent court of a Country.  
   Borderless Society Proposal for Defining ICANN's 
  Interactions with Regulations:
  Despite the best intentions, ICANN cannot however avoid 
  being dragged into too much of regulatory disputes since its functions are of 
  significance to the world community. We need to find out a mechanism therefore 
  that keeps the core ICANN insulated from too much of interference from 
  regulatory bodies. It is therefore suggested that for the purpose of determining the  jurisdiction of Courts 
  on ICANN functions,  ICANN should be declared as belonging to the "Border 
  less Society" and claim 
  separate status such as the UNO. 
  Any other status is indefensible against the claim of US 
  Government for full control on ICANN as a body coming within the jurisdiction 
  of US Courts completely, in which case,
  Senator 
  Burns proposal should be carried through. 
  Under the "Border Less Society Proposal",  ICANN should declare itself as a purely 
  virtual organization and any interaction with the Meta society Governments 
  would be through the "At Large Extensions" of each country. The At 
  Large units will be the Meta Society manifestations that will abide by the 
  regulations of the Meta Society and act as the intermediary channels of 
  communication between the geographical Meta Society and the border less Cyber 
  Society. 
  In countries where 
  At Large establishment are yet to come up, ICANN can designate the nearest At Large center to 
  represent itself in the subject country.
  Election as the Legitimization Process For At Large 
  Extensions
  In order to provide a legally acceptable status to the "At Large 
  Extensions", the present voluntary establishments have to go through a 
  democratic process of election to legitimize their nominations.  This 
  process has been explained in greater detail under the next heading.
  This suggestion will inter-alia require that the At Large 
  bodies should not only be retained, but be strengthened. An Election process 
  should be the essence of building legitimacy for At Large Extensions in each 
  country and should continue even for selecting members for the ICANN 
  management board. The Nomination Committee proposal is unacceptable and a 
  unworthy replacement of a Global Democratic process by a Global Dictatorial 
  Process for the Cyber Society Administration.
  If the practicality of conducting viable, free and fair 
  elections , is an issue, it can be addressed separately. Some suggestions are 
  contained in this regard  in this note itself.
  2.Constitution of the Management Committee of ICANN and the 
  representations to be given to different interest groups.
  Presently, the ICANN management has 5 elected representatives of At Large 
  Members in the 19 member board. In the revised proposal of Dr Lynn, 5 members from the 
  individual At Large community are expected to continue but 5 more persons are 
  likely to be nominated by National Governments. The At Large Community 
  representation would also follow a nomination process from a nomination 
  committee and not an election process.
  There are two major objections to this proposal. 
  One is that it replaces a "Democratic Proposal" by a 
  "Dictatorial Proposal". Inherently, this process is amenable to manipulation 
  by vested interests more than the democratic process. As already stated, if 
  there are difficulties in conducting the election process, we need to find a 
  solution to this process rather than dropping it. If this were a solution, USA 
  and India would be more comfortable with Presidents or Prime Ministers 
  nominated by a Nomination Committee rather than through an election process. 
  Secondly, the nomination process, particularly the 
  Governments is unlikely to be sufficient to represent the large body of 
  nations that would clamour for representation. For example, 5 top countries such as  USA, 
  UK, Canada, China and Japan could nominate their representatives while the 
  other 100 odd countries may remain unrepresented. It is therefore necessary to ensure a system that does not prevent 
  representatives from other countries from participating in the ICANN process.
  Suggested Process:
  It is therefore suggested that the world is divided into 5 (Even 6 if required) 
  zones and one zonal representative from each zone is allowed a place in the Board. 
  The Government representative can be nominated from the group of countries 
  forming the zone. The Governments of each region can develop their own 
  mechanism to arrive at their nominations and use a rotational principle if they so 
  desire.
  The public nominees are elected through a due process of 
  election. In order to simplify the election process and make it manageable, 
  the process can initially be conducted within each country and the country 
  heads can meet in a group of elected representatives and nominate the zonal 
  representative.
  If at a future time it is possible to conduct viable 
  elections across countries, we can either replace the country wise election 
  with the Zone wise election or provide for additional representation through a 
  Zonal President elected by a second election process. 
  In order  to facilitate this process, the At Large participants 
  who have volunteered at present to function as representatives, should also organize themselves  in  
  structures representing each zone, and each country. They can further develop  smaller 
  sub 
  divisions such as States or Cities to enable people participate in the 
  administrative process and public education process to the extent 
  their resources permit. Accordingly, there should be At Large City units, State 
  Units and Country units. Elections can be held for each of these 
  organizations even though it is envisaged that there should be nation wide 
  election to chose the national representative to the zonal structure.
  This structure would take some time to develop and during this evolution 
  process some countries will still be unrepresented. However, since all 
  elections take place on line,  
  once a proper system is evolved it is possible to quickly complete the 
  elections.  
  Once developed, we will have a global 
  democratic set up consisting of Netizens electing their representatives 
  through a Netizen friendly process to the Netizen regulatory body.  
  A System of 
  governance of the Netizens, By the Netizens for the Netizens.
  The Netizen ID process required for such elections can be done through 
  established processes such as the Thawte WOT process, which is 
  economical and more efficient than the earlier ICANN effort which involved 
  sending of passwords by post.  
  naavi.org  has promoted 
  www.cyberdemocracy.org to give a try for this concept and given the right 
  kind of support and sponsorship, can evolve a model election process first for 
  India which can be repeated elsewhere.  Cyber Democracy.org is ready to start the process 
  of Thawte WOT certification of Netizens in Chennai to those who are willing (free of 
  charge). This can be repeated in Bangalore, Mumbai, Delhi and Hyderabad, the 
  principle cities of India without much effort. What is required is a little 
  publicity effort and corporate sponsorship or separate funds for such 
  publicity.
  If ICANN at Bucharest gives its clearance in principle, Naavi will take 
  further steps in this direction. 
  3.Role of ICANN in relation to cc TLD Managers
  The ccTLD policies presently followed by ICANN provide a 
  role for national Governments of different countries to manage the ccTLD 
  process for their respective countries. 
  Unfortunately, not all ccTLD authorities are functioning in the desired 
  manner. Even in countries such as India which is a leading Computer literate 
  country compared to many others, the ccTLD administration  is highly 
  inefficient. As a result, only around 5154 registrations of ccTLDs have so far 
  taken place in India as of 7th May 2002, since its inception in 1995.
   Netizens in India have been more enthusiastic in 
  gobbling up gTLD domain names and .tv or .ws domain names in preference to .in 
  domain names.  Even though the gTLD names are available in India at less 
  than US $10 per year, the dot-in domain names cost around US $20 per year (Minimum 
  registration is for 2 years and procedure is relatively more complicated than 
  gTLD registrations).
  The ccTLD administration at least in India has therefore failed to bring down 
  the cost of registration  or make the process netizen friendly. It is  likely that many other countries may be in a similar 
  situation.
  Why ccTLD Organizations have failed?
  The principle reason for this situation is that there is no 
  dedicated agency that is directly responsible for  "Domain Space Management" 
  in countries like India . It 
  is therefore neglected and ignored. Only South Africa has through the ECT-2002 
  is slated to create a "Domain Name Authority" for the ccTLD applicable to them.  
  In  the long run, it is essential that the local 
  Governments are given some space to operate in the Domain Name Management  
  regime and this could be ideally in the ccTLD domain. ICANN will strategically 
  gain by letting local Governments handle the management of ccTLDs while they 
  keep off the gTLD domain to the ICANN. It is in the interest of ICANN and 
  within its core objectives to ensure that the ccTLD systems succeed.
  However, the countries may need guidance and support to 
  effectively manage the ccTLD domain space and it is the responsibility of 
  ICANN to facilitate this. Through such involvement, ICANN can ensure that the 
  ccTLDs develop their policies in an organized manner acceptable to a large 
  number of other ccTLD managers.
  Domain Name Authorities Structure
  It is therefore suggested that ICANN should encourage 
  countries to set up their own Domain Name Authorities for management of ccTLDs 
  on the lines of what South Africa has done and create a "Federation of such 
  Domain Name Authorities" as a general assembly of ccTLD managers which is 
  managed  through a board which they elect and 
  in  which two or three places should be reserved for ICANN as a permanent 
  member with certain "Golden Vote" powers. (Similar to Veto powers in the UNO).
  One member of this federation can also be a permanent 
  member in the ICANN Board in addition to the 5 zonal members already 
  discussed. 
  At large Representatives in each country can co-ordinate 
  with the ccTLD authorities in their respective countries on behalf of ICANN to 
  improve the functioning of the ccTLD organizations.
  If the ccTLD organizations are weak, then the interference 
  of the Governments of different countries in the affairs of ICANN will 
  increase. IF ccTLD organizations are strong, then ICANN is likely to be spared 
  of the pressures to accommodate national Governments in its core functions. In 
  such an event, its independence will be lost and there 
  will be more politicization of the organisation. While the non Governmental 
  management is not free from possibilities of politicization, it is inevitable 
  in the event of Governmental involvement.
  This is as much true of other countries as of USA where 
  senators like Mr Conrad Burns have already started demanding higher 
  involvement of US Government in the affairs of ICANN. 
  4. Role of ICANN in relation to International Domain Name System
  The problems that have surfaced in the ccTLD domain name 
  management is likely to resurface when the International domain names acquire 
  official recognition after the testing process is successfully completed. The 
  management of International Domain Name space is more dependent on the local 
  population of a country  in view of the language barriers. Along with the 
  ccTLDs therefore, the local Governments may require a greater involvement in 
  the International Domain Name systems.
  It may be necessary to concede this point and  the 
  national Domain Name Authorities should be encouraged to coordinate the 
  efforts of making International Domain Name systems truly interoperable. 
  5. Role of ICANN in relation to private DNS management systems such as 
  New.net and dotworlds.net
  The private DNS management systems such as New.net and 
  dotworlds.net have created the possibilities of infinite TLD extensions 
  without disturbing the ICANN's DNS system.
  It is claimed by these operators that nearly 20 % of the 
  Netizens are today equipped with the necessary plug-ins to resolve the domain 
  names offerred by these service providers. Even if this is partially true, it 
  does indicate the popularity of the service. 
  As a technology development of the free world, this effort 
  should be allowed to coexist with a measure of control necessary for ensuring 
  the smooth operation of the domain name system. ICANN management should 
  therefore create an exclusive single representation in its Board for the 
  representatives of this private DNS industry as it may be referred to. Like 
  organizing the ccTLD managers, ICANN should encourage these private operators 
  to organize themselves into a federation and send one representative from them 
  to the ICANN Board as a nominee. Correspondingly, these organizations can be 
  made to work without destabilizing ICANN's systems.
  6. Need for separate TLD s such as .kids or .xxx
  For some time there has been a demand from certain quarters 
  that in order to prevent the proliferation of Cyber Pornography, there has to 
  be filtering mechanisms of various kinds. One of the suggestions put forward 
  is to either create a separate TLD for kids so that minors are allowed freely 
  in this domain space, or a separate TLD space is created for hosting the adult 
  sites so that the filtering mechanisms can be more effective. 
  If this request is not granted, several Countries will 
  start using their powers to filter Internet content and use it also as a 
  license for censorship of various kinds.
  Amongst the two alternatives, it would be better to create 
  the .xxx TLD and move all adult sites by force to this domain space. Any 
  violators should be controlled ruthlessly at the ISP level and any delinquent 
  ISP s will have to be regulated by the IP number space control.
  7. Role of ICANN in Domain Name Dispute resolution in general
  As a result of blindly following the WIPO thought process, today, an 
  organization that can claim a trade mark right on a name in some member 
  country can threaten the web existence of hundreds of domain names which can 
  be held similar or confusingly similar to the trade mark name either in its 
  entirety or as a part of any other extended name.
  In the process, the system has given a go by to "First in the Market Place" 
  principle that is inherent in the Trade Mark system,  disregarded the TLD 
  as a part of the "name" and the prior existence of similar names in different 
  classes and countries managing the Trade Mark system.
   This has made a mockery of ICANN 's own system of TLD s since 
  acceptance of rights on one central name is any way binding on all TLD 
  extensions under the principle of Confusing Similarity. The continuation of 
  the multiple TLD system is therefore a "Fraud" on the public since the rights 
  on the domain can be questioned by the Trade Mark owner who had registered a 
  trade mark earlier in his country or can claim that his name is better known than another subject. The 
  several stop gap arrangements presently offerred such as providing an initial 
  priority booking time ( or wait list ) for the Trade Mark owner when a new TLD is introduced 
  etc is only leading to an organized fraud on the individual domain name 
  aspirants. 
  Today an individual Netizen is not even capable of registering a domain name 
  in his own personal name and holding on to it since there is a  
  possibility of some body else a little more popular in some other part of the 
  world  snatching the 
  name because he is a celebrity.
  There are too many examples of this kind to need a mention here. 
  But the summary is that the current UDRP system which recognizes the right 
  of a Meta Society Trade Mark owner in the Cyber Space and places it above the 
  right of a Netizen to carry on business in the name and style of his choice 
  without either "Passing Off" or "Defrauding" the public  is totally 
  unfair. ICANN has to either withdraw the current multi TLD system or accept 
  that the system is prone to individual's rights being always subordinated to 
  other Trade Mark owners.
  When more and more TLD s are introduced and International 
  Domain Names and Voice based Domain Name Resolution systems are introduced in 
  future, the conflicts in the existing UDRP will grow beyond resolution.
  I therefore suggest that a system such as "Verify For Look Alikes", 
  which is a trusted third party disclaimer service (described in detail at
  http://www.verify4lookalikes.com) 
  should be officially endorsed by ICANN so that most of the so called 
  "Confusingly Similar Domain Names" can co-exist without any legal hindrance. 
  8.Evolving a fair system of distribution of IP addresses when the new 
  IPV6 protocol is introduced.
  In the next couple of years, the IPV 6 protocol is likely 
  to replace the current IPV 4 system. The present IP number allocation is 
  largely considered skewed against non US countries. When the new system is 
  introduced there is therefore a need for evolving a proper system of fair 
  distribution of IP numbers to different countries.
  The distribution has to obviously depend on the number of 
  users. It is suggested that each year, the block of IP addresses allocated to 
  different countries is directly proportional to the number of verifyable user 
  base. Probably the number of registered ISP members could be one such 
  criteria. 
  The essence of the system should be that the discretionary 
  element  be replaced with a system based on ground realities. The 
  allocations can be reviewed every year and readjusted if necessary.  
  9. Role of National Governments in the administration of ICANN
   In the foregoing paragraphs, several suggestions have 
  been made to provide a separate operational domain for the national 
  Governments in the form of ccTLDs and International Domain Names. Their 
  concern on Cyber Pornography has also been facilitated with the suggestion on 
  .xxx TLD in the gTLD domain space.
  In view of the above, it is suggested that National 
  Governments would be satisfied with leaving the gTLD domain space management 
  with the existing ICANN structure while representing their interests through 
  the zonal representatives. 
  Simultaneously, there can be a new body "General Assembly 
  of ccTLD managers" where ICANN will have permanent members with veto type 
  powers. 
  The At Large representatives of ICANN in each country will 
  act as the extended arms of ICANN in supporting ccTLD managers to improve 
  their service and coordinate in any other matter between ICANN and the 
  national Government.
  I welcome suggestions and comments on these thoughts.
  Naavi
   June 17,  2002
  Related Articles
  
  ICANN Under Takeover Threat
  
  Report in 
  News.com
  
  
  Testimony of M. Stuart Lynn Before the Senate Committee on Commerce, Science 
  and Transportation Subcommittee on Science, Technology, and Space
   
  
  Your Views 
  can be sent here