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-----Original Message-----
From: Kent Crispin <kent&#167;songbird.com>
To: POC <poc&#167;gtld-mou.org>; PAB list <pab§gtld-mou.org>
Date: Friday, 25 September 1998 12:00
Subject: PAB [ifwp] EFF comments on IANA/NSI draft


>This was distributed to the ifwp list, if you haven't seen it...
>
>-----Forwarded message from Ellen Rony <erony&#167;marin.k12.ca.us>-----
>
>FOR IMMEDIATE RELEASE -- 9:30 AM, Thursday, September 24, 1998
>
>CONTACTS: Alex Fowler, +1 415 436 9333, afowler&#167;eff.org
>          Barry Steinhardt, +1 212 549 2508, barrys&#167;eff.org
>          John Gilmore, +1 415 221 6524, gnu&#167;toad.com
>
>
>Internet Administration Plan Undermines Free Speech and Effective
>Governance
>
>Electronic Frontier Foundation Proposes Revised IANA Bylaws Emphasizing
>Need to Protect Free Expression, Openness, and Effectiveness
>
>SAN FRANCISCO, CA -- A proposed plan to revamp the Internet domain
>naming system would threaten both the democratic governance of the
>Internet, and basic human rights of free expression and due process on
>the Internet, said the Electronic Frontier Foundation (EFF) today.
>
>EFF's proposed substantial changes in the scheme in an open letter and
>set of proposed bylaw changes sent to the Internet Assigned Numbers
>Authority (IANA) and Network Solutions, Inc. (NSI).  Together, IANA and
>NSI have drafted a "New IANA" plan to revamp Internet administration.
>A June Clinton Administration White Paper called for changes reflecting the
>global nature of the Net, and addressing policy deadlocks,
>over-centralization, and several other current problems.  The New
>IANA plan is considered the main contender in satisfying these
>requirements.  EFF argues that the most recent New IANA plan fundamentally
>fails to meet these requirements.
>
>EFF Board member John Gilmore said, "We believe that the latest
>IANA/NSI proposal does not follow the requirements set forth by the
>White Paper for protecting openness and free expression."
>
>"EFF and many other organizations have quietly sent issues and
>suggestions to the architects of the New IANA over many months," he
>continued.  "We are publicizing this set of proposals because the
>deficiencies are so serious and time is so short."
>
>What's at stake is the administrative responsibility for technical
>details of the Internet.  A new nonprofit organization will oversee
>the management of domain name registration, Internet address
>allocation, and publication of technical standards and protocol
>agreements.  The New IANA, a nonprofit being formed to take on this
>responsibility, would determine future policy around these jobs.  NSI's
>five-year government contract to exclusively administer the COM, NET,
>and ORG domains is expiring after a six-month extension at the end of
>this month.  NSI has attempted to position itself to keep this job
>permanently, while many other parties would prefer competition in
>domain services.
>
>Shari Steele, Staff Counsel at EFF, said, "Internet administration has
>always guaranteed free speech and due process, since it has been done
>by U.S. Government contractors who are required to follow the U.S.
>Constitution.  If the New IANA moves Internet administration out from
>under the U.S. Government, as there is general agreement to do, the
>public will lose these guarantees unless they are explicitly written
>into the charter of the New IANA."
>
>EFF believes that the proposed New IANA Bylaws do not protect the public
>in the following four areas:
>
>* The lack of transparency and openness in the Bylaws prevents the
>  public from participating in the governance of the DNS;
>* The Bylaws are silent on the importance of protecting free
>  expression, which leaves the public vulnerable to arbitrary decisions
>  that violate the basic right to speak and publish freely;
>* The transition arrangements written into the Bylaws undermine the
>  authority of the newly formed IANA board, rendering their articulated
>  powers irrelevant; and
>* The lack of public disclosure of key contracts, and certain other
>  clauses assist in the perpetuation of existing monopoly structures.
>
>EFF has crafted a set of enhanced and revised Bylaws that address
>these four areas, which are vital to protect the public interest.
>
>"As a basic principle, any foundation for governance of a
>communications system, such as the Internet, should stand on the
>fundamental human right of free expression," said EFF President Barry
>Steinhardt.  "The strongest guarantees of free speech and publication,
>due process, and nondiscriminatory administration should be written
>into the charter of any organization empowered with Internet
>oversight."
>
>"Thousands of people have put years of effort into this next step in
>Internet governance.  We owe it to ourselves and to the rest of the
>Internet community to build a structure that will effectively grapple
>with the divisive and commercially lucrative issues at stake.  If we
>create an ineffective organization, or lose protection for fundamental
>human rights, it will take years of further work to clean up the
>resulting problems," added Gilmore.
>
>EFF has been tracking the DNS governance issue for the past several
>years. One of EFF's Board members is on the IANA Transition Advisory
>Group; another has agreed to join the Initial Board; a third was
>instrumental in the CORE effort to provide a capable competitor in
>global domain registration.  In addition, EFF's legal staff has
>tracked and commented on numerous proposed policies and drafts, while
>our activists have closely followed the controversies online and in
>the press.
>
>EFF's Letter and Revised Bylaws sent to IANA and NSI are on the Web
>at: http://www.eff.org/pub/GII_NII/DNS_control/
>
>Version 4 of the Proposed Bylaws for the New IANA, agreed to by
>IANA/NSI, are on the Web at: http://www.iana.org/bylaws-coop.html
>
>
>                           **********
>
>The Electronic Frontier Foundation is one of the leading civil
>liberties organizations devoted to ensuring that the Internet remains
>the world's first truly global vehicle for free speech, and that the
>privacy and security of all on-line communication is preserved.
>Founded in 1990 as a nonprofit, public interest organization, EFF is
>based in San Francisco, California.  EFF maintains an extensive
>archive at http://www.eff.org of information on electronic privacy,
>online free speech, and encryption policy.
>
>
>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>  Alexander Fowler
>  Director of Public Affairs
>  Electronic Frontier Foundation
>  E-mail: afowler&#167;eff.org
>  Tel: 415 436 9333; Fax 415 436 9993
>
>  You can find EFF on the Web at <http://www.eff.org>
>
>  EFF supports the Global Internet Liberty Campaign
>  <http://www.gilc.org>
>
>
>___END____________________________________________
>
>-----End of forwarded message-----
>
>--
>Kent Crispin, PAB Chair "No reason to get excited",
>kent&#167;songbird.com the thief he kindly spoke...
>PGP fingerprint:   B1 8B 72 ED 55 21 5E 44  61 F4 58 0F 72 10 65 55
>http://songbird.com/kent/pgp_key.html