The attached news item may be of interest. 
More relevant stuff on Pr. Froomkin's site too.

Regards,
Colin

----- Original Message ----- 
From: <j.oppenheimer&#167;att.net>
Newsgroups: comp.dcom.telecom
Sent: Wednesday, 4 September 2002 4:53
Subject: Domain Revocation, DNS Control, etc.


[...irrelevant bit snipped...]
> 
> Michael Froomkin writes, "... ICANN imposed its [UDRP] rules on
> registrants by contract... The critical issue is who ... drafts the
> UDRP and who administers it.  The key effect of the DNS code here is
> that it allows the law that controls to be private law -- contract
> terms imposed by ICANN... Were it not for the checkpoint, the single
> point of failure, created by the hierarchy underlying the DNS, then
> the law would have been public law, imposed either by statute or by an
> international agreement, which would have required a very different
> adoption process, and likely would have had a different outcome.  Due
> process, for starters.  (see
> http://www.law.miami.edu/~froomkin/articles/udrp.pdf)
> 
> BTW, it is this single-point-of-failure by which ICANN controls the
> DNS, that is largely responsible for all the rhetoric against alt
> roots.
> 
> Those whose revenues are derived one way or another from the ICANN
> system can wax poetic about all the "technical" reasons why alt roots
> "break" the internet.
> 
> ICANN Chair Vint Cerf went so far as to testify before Congress that
> if you modify your own DNS settings from those delivered by the
> computer manufacturer, you are breaking the internet.
> 
> Well, color me guilty.  All it means is that I can see all the ICANN
> approved TLD's, and the so-called alt TLD's too.  I can't imagine why
> everyone doesn't do it.  (Who'd want to see less rather than more?!)
> 
> 
> Judith Oppenheimer
> http://JudithOppenheimer.com
> http://ICBTollFreeNews.com
> http://WhoSells800.com
> 212 684-7210, 1 800 The Expert
> 
[more comments on another issue snipped]