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Papers > Politics > regulation and administration of Internet domain names
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regulation and administration of Internet domain names |
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Glossary ACPs-Administrative Domain Name Challenges Panels ARPANET-Advanced Research Projects Agency network ccTLDs-country-code top-level domains CERN-European Center for Particle Physics CORE-Council of Registrars EC-European Community DARPA-US Department of Defense’s Advanced Research Projects Agency DCA-Defense Communication Agency DISA Defense Information Systems Agency DNS-Domain Name System Green Paper-United States Department of Commerce-National Telecommunications and Information Administration, A Proposal to Improve the Technical Management of Internet Names and Addresses, , 30/1/ I gTLD-MoU- generic Top Level Domain Memorandum of Understanding IAB-Internet Architecture Board IAHC-International Ad Hoc IAN -Internet Assigned Numbers Authority ICANN-Internet Corporation for Assigned Names and Numbers IETF-Internet Engineering Task Force INTA-International Trademark Association ISI-Information Sciences Institute ISOC-Internet Society ITU-International Telecommunications Union newco-new self -egulatory corporation NIC-Network Information Center NOIE-National Office of the Information Economy NSF-The National Science Foundation NSI-Network Solutions, Inc PAB-Policy Advisory Board POC-Policy Oversight Committee SLDs-second level domains TLDs-top-level domains US-United States USG-US government White Paper-United States Department of Commerce-National Telecommunications and Information Administration, Management of Internet Names and Addresses, 5/6/98 WIPO-World Intellectual Property Organisation www-world wide web This paper was to focus on the European, North American and Australian positions in respect of the regulation and administration of Internet domain names, the Domain Name System (“DNS”). ... This has led to a re-focus of my paper, away from a discussion of the competing regimes towards a consideration of the developing consensus model (tracing its formation and historical evolution), the establishment of a non-profit organisation (the Internet Corporation for Assigned Names and Numbers (“ICANN”) ) to regulate and administer the DNS. It is essential that a DNS regulatory and administrative regime be developed which, if possible, satisfies the demands of all Internet users. The Internet is increasingly an ever more pervasive feature of our lives, and its regulation and administration is at present in a nascent state. The consensus model is an important first step in developing an Internet specific self-regulatory regime. ... Background The Internet The Internet has been defined as: “An international network of networks , the worlds largest network of interconnected computers used by individuals, organisations and business for the exchange of information, goods and services.” The Internet came into existence as a result of US Department of Defense’s Advanced Research Projects Agency (DARPA) funded research in the 1960s, to come up with a communications system which was able to survive and operate after a nuclear attack. The first real functioning of the Internet, then known as ARPANET (Advanced Research Projects Agency network) occurred in 1969 between computers linking in a network between four educational institutions, University of California Los Angles, Stanford Research Institute, University of Utah and the University of Southern California. In 1985, the Domain Name System was adopted by ARPANET. The growth in the Internet required a change from the previous single host name to a more hierarchical structure which provided for a number of domain names, thereby allowing for a larger number of hosts (computers connected to the Internet). The massive growth in Internet usage has led to pressure for change to the Internet address system. Today there are approximately 35 million host computers connected to the Internet (each requiring a unique domain name and number) and an estimated 150,000,000 Internet users . ... Domain Names Domain names can be defined as: “A unique alpha-numeric designation to facilitate reference to the sets of numbers that actually locate a particular computer connected to the global information network [the Internet]” In other words, domain names are the familiar and easy-to-remember names for Internet computers (e. ... They map to unique Internet Protocol (“IP”) numbers (e. ... 30) that serve as routing addresses on the Internet. The DNS translates Internet names into the IP numbers needed for transmission of data across the network. ... During the 1970s, DARPA also funded the development of a "network of networks;" this became known as the Internet. ... Jon Postel, then a graduate student at the university, undertook the maintenance of a list of host names and addresses and also a list of documents prepared by ARPANET researchers, called Requests for Comments (“RFCs”). ... Postel moved from UCLA to the Information Sciences Institute (“ISI”) at USC, he continued to maintain the list of assigned Internet numbers and names under contract with DARPA. ... Eventually these functions collectively became known as the Internet Assigned Numbers Authority (“IANA”). Until the early 1980s, the Internet was managed by DARPA, and used primarily for research purposes. ... Beginning in 1987, IBM, MCI and Merit developed NSFNET, a national high-speed network based upon the Internet protocol (“IP”), under an award from NSF. ... The National Aeronautics and Space Administration (“NASA”) and the US Department of Energy also contributed backbone facilities. In 1991-92, NSF assumed responsibility for coordinating and funding the management of the non-military portion of the Internet infrastructure. NSF solicited competitive proposals to provide a variety of infrastructure services, including domain name registration services. ... (“NSI”) for some of these services, including the domain name registration services. ... NSI registers domain names in the generic top level domains (“gTLDs”), such as . ... NET, on a first come, first served basis, it also maintains a directory linking domain names with the IP numbers of domain name servers. NSI also currently maintains the authoritative database of Internet registrations. ... This facilitated connections between NSFNET and newly formed commercial network service providers, paving the way for todays Internet. As the above demonstrates, the USG has played a pivotal role in creating the Internet. ... Assignment of numerical addresses to Internet users Every Internet computer has a unique IP number. ... In turn, larger Internet service providers apply to the regional IP registries for blocks of IP addresses. The recipients of those address blocks then reassign addresses to smaller Internet service providers and to end users. ... Management of the system of registering names for Internet users. The domain name space is constructed as a hierarchy. ... A small set of gTLDs do not carry any national identifier, but rather denote the intended function of that part of the domain space. ... Universal name consistency on the Internet cannot be guaranteed without a set of authoritative and consistent roots. ... Protocol Assignment The Internet protocol suite, as defined by the Internet Engineering Task Force (“IETF”), contains many technical parameters, including protocol numbers, port numbers, autonomous system numbers, management information base object identifiers etc. ... The common use of these protocols by the Internet community requires that the particular values used in these fields be assigned uniquely. ... Impetus for change Since its origins as a US based research vehicle, the Internet is rapidly becoming an international medium for commerce, education and communication. ... There have been a number of factors driving the calls for change, including : a) the massive expansion in Internet usage, particularly brought about by the development of the world wide web (“www”), which was created by scientists at the European Center for Particle Physics (“CERN “) in Switzerland. The popularity of the www and associated protocols has led to huge investments in e-commerce and a resulting proliferation of domain name demand; b) many commercial interests are investing a large amount of capital into e-commerce and see it as central to the manner in which business and commercial relationships will be conducted in the near future. ... ” ; c) The increase in registered domain names has caused conflicts between domain name and trademark holders, where a domain name, similar to a pre-existing trade mark, has registered by a company or person not holding rights to the trade mark. As a result, trademark holders seek a more formal and certain system for resolving disputes; d) the growth of the Internet has resulted in a large percentage of Internet users residing outside of the US (approximately 60% of Internet users are from North America, 15% from the Asia-Pacific region and 17% from the EC ) and, as such, those stakeholders want to participate in Internet co-ordination. ; e) as the Internet becomes more commercial and trans-national, it is inappropriate for USG research agencies to direct and fund the operation of the DNS ; f) as the commercial value of domain names increases with the commercialisation of the Internet, the addition of new gTLDs is of critical importance, such decisions should be made by a body accountable to the Internet community as a whole, rather than by a private corporation such as NSI; and g) there is widespread dissatisfaction about the absence of competition in domain name registrations . As succinctly noted by the World Intellectual Property Organisation (“WIPO”), in their RFC2 in respect of domain names, discourse on changes to the DNS; “have been motivated by a desire to ensure that the management of the DNS is institutionalised in a manner that will permit the system to accommodate the growing volume of traffic on the Internet, and to be administered in a competitive and open way which permits the interests of all stakeholders in the Internet to be taken into account. ... Tracing The Developments Leading Up To The Current Position In May 1996, Dr Postel, the head of IANA, proposed the creation of approximately 50 competing TLD registries, each able to exclusively register domain names in up to three new TLDs, for a total of 150 new TLDs. The proposal received some support; however, it was roundly criticised by the Internet technical community . Dr Postel issued a revised proposal shortly after, which was endorsed by the Internet Society (“ISOC”), but which failed to achieve broader consensus on its plans for change to the DNS. However, the demand for change coming as it did from the ‘godfather’ of the DNS, spurred the international Internet community into vigorously initiating changes to the DNS. ... The POC developed, along with input from a large number of Internet stakeholders (excluding the USG), the generic Top Level Domain Memorandum of Understanding (“gTLD-MoU”). The gTLD-MoU sought to establish, initially, seven new gTLDs to be operated on a non-exclusive basis by a consortium of new private domain name registrars, called the Council of Registrars (“CORE”). ... Further, the plan formally introduced mechanisms for resolving trademark/domain name disputes, with registrants for second-level domains being required to submit to mediation and arbitration, facilitated by WIPO, in the event of conflict with trademark holders. |
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Title: regulation and administration of Internet domain names
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