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[ga-full] Re: [ga] Re: Single Letter Domains



Simon and all,

 Mike Roberts as well as Louis Touton were ask this question before
and did not have an answer.  Remember E.COM?

Simon Higgs wrote:

> At 11:17 AM 5/27/00 -0700, Mike Roberts wrote:
>
> Could someone please explain how the following domains have already been
> registered - some as long ago as 1997 and long before ICANN existed?
>
> http://www.networksolutions.com/cgi-bin/whois/whois?STRING=q.com
> JG (Q225-DOM), Athens, GA 30606, US
> Record created on 30-Mar-1999
>
> http://www.networksolutions.com/cgi-bin/whois/whois?STRING=x.com
> X.com Corporation (X880-DOM), Palo Alto, CA 94301, US
> Record created on 20-Oct-1999
>
> http://www.networksolutions.com/cgi-bin/whois/whois?STRING=z.com
> United Internet Artists, Inc (Z509-DOM), Burbank, CA 91504, US
> Record created on 20-Apr-2000
>
> http://www.networksolutions.com/cgi-bin/whois/whois?STRING=i.net
> Inet Corp. (I737-DOM), Roadtown, BRITISH VIRGIN ISLES
> Record created on 10-Dec-1999
>
> http://www.networksolutions.com/cgi-bin/whois/whois?STRING=q.net
> Q Networks, San Juan, PUERTO RICO
> Record created on 10-Mar-2000
>
> http://www.networksolutions.com/cgi-bin/whois/whois?STRING=x.org
> The Open Group (X57-DOM), Reading, Berks RG1 1AX, UNITED KINGDOM
> Record created on 18-Jan-1997.
>
> >Mr. Kaufman -
> >
> >I am sure that I am not the only person on this address list that stands
> >in awe of your entrepreneurial instincts.  Unfortunately, you have lots of
> >company out there.  That's why there is an ICANN policy process through
> >which the community can arrive at equitable approaches to the use of
> >domain names.
> >
> >With regard to various comments about legal matters in your emails, this
> >list is not a useful place to air your opinions.  If your counsel has
> >reason to believe that you have a particular legal right to any domain
> >name, then he or she should send a properly supported brief to ICANN's
> >General Counsel, Louis Touton, who will take it under advisement.
> >
> >- Mike Roberts
> >
> >At 10:19 -0700 5/27/00, John Kaufman wrote:
> >>Dear Messrs Roberts and Alvestrand, DNSO Members of the ICANN Board, and
> >>the ICANN Board:
> >>
> >>I will disregard the indiscreet email sent by Mr. Jeff Williams to this list.
> >>
> >>I appreciate your response to my query. Mr. Alvestrand, your fairness in
> >>proposing a lottery for the purpose of disposing the 78 single-letter
> >>domains (.com, .net, .org) is kindly noted.
> >>
> >>With not all matters of discussion or action being always equal or fair,
> >>a lottery would not work for the purpose of serving my personal agenda,
> >>which is to acquire the "k.com" domain. I understand that the prohibition
> >>of the sale of these domains was grandfathered into ICANN as a result of
> >>certain actions taken by Mr. Jon Postel and the IANA. But, I also
> >>understand that no legal standing whatsoever exists that prevents the
> >>immediate sale of single-letter domains, and that the only reason said
> >>domains are being withheld is that Mr. Postel simply wanted it that way.
> >>
> >>I admit to not being particularly concerned about the way ICANN by-laws
> >>are written or enforced. However, I am concerned about the rule of law
> >>which, when applied in this case, could hold ICANN and its supporting
> >>organization(s) in violation of exclusionary practices, namely, the
> >>withholding of certain property (such as single-letter domains) when
> >>other like (similar) property (such as two-letter domains) are not being
> >>withheld.
> >>
> >>Therefore, I respectfully submit to DNSO and ICANN that, first, the
> >>"k.com" domain be sold and released to the undersigned without delay, and
> >>that single-letter domains be opened for sale to the general public. If
> >>it is decided that this action can or will not be taken, kindly advise me
> >>of the specific reason so public debate and legal review can begin.
> >>
> >>Respectfully submitted,
> >>
> >>John C. Kaufman
> >>President
> >>Kaufman Communications
> >>San Francisco, CA
> >>May 27, 2000
> >>
> >>--------------------------------------------
> >>
> >>Dear Mr Kaufman,
> >>
> >>Let me clarify the situation with regard to single letter domains for
> >>you. Some years ago, Jon Postel in his capacity as IANA reserved these
> >>domains because in his judgment doing so would contribute to successful
> >>operation of the domain name system for all users. Like other
> >>pre-existing IANA policies, this policy is being continued under ICANN
> >>management until such time as a policy proceeding conducted under our
> >>organizational structure and Bylaws comes to the conclusion that these
> >>domains should be treated in some other manner.
> >>They are not reserved for ICANN's use, they are reserved from any use at
> >>this time.
> >>If you believe that there is sufficient reason to change the policy
> >>treatment of these domains, then the appropriate place for you to begin
> >>is with ICANN's Domain Name Support Organization, information about which
> >>may be found at www.dnso.org.
> >>Thank you for your interest in our work.
> >>- Mike
> >>Michael M. Roberts
> >>
> >>
> >>--------------------------------------------------------------------------------
> >>
> >>At 08:13 AM 5/27/2000 +0200, Harald Tveit Alvestrand wrote:
> >>>Dear mr. Kaufman:
> >>>
> >>>These are my particular responses to the issues you raise, and have no
> >>>particular weight; I have asked you before to join the GA list if you
> >>>want to participate in a discussion about them.
> >>>
> >>>You raise two interesting points in your message:
> >>>
> >>>1) Should single letter domains be delegated under .com, .net and .org?
> >>>2) If they should be delegated, who should be the recipient of the
> >>>delegation?
> >>>
> >>>The first question then leads to the third question:
> >>>
> >>>3) Who decides what domains to delegate under a top level domain?
> >>>
> >>>We have multiple conflicting precedents on this question:
> >>>
> >>>- The NSI decision not to delegate domain names containing the "network
> >>>seven"
> >>>   was dropped recently, after a period where NSI as a registry
> >>> permitted it,
> >>>   even while NSI the registrar did not.
> >>>
> >>>- The attempt to sell .com names ending in a dash was stopped after an ICANN
> >>>   decision was made that such names were not within the specifications
> >>>
> >>>On the question of single letter domains, there are precedents on this
> >>>in other contexts; the .dk domain allows them, the .no domain does not,
> >>>for instance. So clearly this has been decided in the past on a
> >>>per-domain basis.
> >>>
> >>>There is as far as I know no precedent for requiring a registy to
> >>>register a name at all. While the trend recently has been that many
> >>>registries will be happy to sell any name you want to buy, many (like
> >>>.se, .gov or .int) are operated under far more restrictive rules. Again,
> >>>on a per domain basis.
> >>>I thus have a problem seeing the precedent for forcing the sale of
> >>>"k.com", given that the policy in place is not being unfairly applied -
> >>>nobody can get it.
> >>>
> >>>All that said, I don't see at the moment any particular reason for
> >>>escrowing those 26 domains in .com - your request for a change of policy
> >>>may have merit, if we can figure out who has the responsibility to
> >>>change that policy.
> >>>
> >>>On the question of who gets the domain, I am far less uncertain: If a
> >>>policy change is decided, there must be a fair method of allocating the
> >>>domains.
> >>>"First-come-first-served" has served us well in the past, but in this
> >>>instance, it is likely to be decided on sub-millisecond timing, given
> >>>the number of people who will take an interest.
> >>>
> >>>A more explicit form of lottery will probably seem fairer in this
> >>>particular case.
> >>>
> >>>My thoughts.
> >>>
> >>>                       Harald T. Alvestrand
> >>
> >>------------------------------
> >>Dear Mr. Alvestrand and the DNSO Members of the ICANN Board:
> >> > >
> >> > >I have been directed to you by Mr. Michael Roberts, CEO of ICANN,
> >> > >regarding a change in the policy treatment of single-letter domains
> >> (e.g.,
> >> > >the sale of said domains to the general public).
> >> > >
> >> > >After reviewing the charters, by-laws and other documents of both ICANN
> >> > >and IANA, I see no precedent that would stand a legal test that would
> >> deny
> >> > >the sale of single-letter domains to the general public. Nor do I see a
> >> > >precedent that would stand a legal test that would disallow the sale of
> >> > >single-letter domains to the public. If I have missed such a precedent,
> >> > >please so advise.
> >> > >
> >> > >Therefore, I would like to propose that the Names Council of the DNSO, as
> >> > >a supporting organization of ICANN with respect to policy issues related
> >> > >to the Domain Name System, propose to ICANN that the pre-existing IANA
> >> > >policy barring the sale of single-letter domains now being continued
> >> under
> >> > >ICANN management be struck down and, at the same time, that the domain
> >> > >"k.com" be the first such domain to be sold under the new policy to the
> >> > >undersigned.
> >> > >
> >> > >Please be advised that, in the interest of the general public, I may
> >> issue
> >> > >a press statement next week to the effect that a change in this
> >> policy has
> >> > >been requested.
> >> > >
> >> > >Thank you very much.
> >> > >
> >> > >John C. Kaufman
> >> > >President
> >> > >Kaufman Communications
> >> > >San Francisco, CA
>
> Best Regards,
>
> Simon Higgs
>
> --
> It's a feature not a bug...
>
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Regards,

--
Jeffrey A. Williams
Spokesman INEGroup (Over 112k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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