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Re: [ga-roots] Capture and Diversion (was Smart Browsers)

On Wednesday, May 02, 2001 8:14 AM, Bret Fausett wrote:
> First, this isn't about controlling the internet, or even making it safe.
> It's about coordinating a handful of core functions (primarily domain name
> registrations and IP address assignments) in a stable, sane and
> manner.

The problem is that those domain names and IP addresses *signify* something.

A famous French linguist-philosopher, Saussure, looked at this in detail.
As far as I can remember he talked about a SIGN, a SIGNIFIER and a
SIGNIFICANCE.  I'm  sure his whole thesis will be seen as very important in
Domain Name theory and Trade Marks.

What is the point of me pointing to an EGG and saying it is a TREE ??  What
counts is that a domain name must resolve to an IP address which matches my

> Second, you'd be asking ICANN to make policy in an area in which it could
> not enforce that policy.

Aha !!!    That's a completely different story ;-).

> Remember that ICANN's authority comes from its web
> of contracts with registries and registrars, flowing down to registrants.
> There's no contractual privity with software developers, web designers,
> ISPs, and many others (including alt root operators). So any policy
> pronouncement directed at those people will be advisory only.

Maybe but ICANN has some very clever staff as we all know.

> There's no legal reason that ICANN couldn't issue advisory "policy
> proclamations" (e.g., "stop sending spam," "don't design your web site so
> that new windows pop open when a user tries to close one") but its
> would be better spent on areas more directly within its mandate. Over
> ICANN's credibility and authority would be eroded  if it issued
> unenforceable statements of policy on matters not within its mandate.

Perhaps.  If they were unenforceable it would.  The mileage may vary.

Patrick Corliss

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