Re: national security

["Michael Froomkin - U.Miami School of Law" <froomkin at law.miami.edu>]

Alas for this rosy vision, ICANN *tried* to boss the RIRs and get them to
sign contracts agreeing to pay it and obey it, but they balked.  So all
credit to the RIRs - and none to ICANN - on this one.


On Mon, 1 Dec 2003, John C Klensin wrote:

> 
> 
> --On Monday, 01 December, 2003 07:24 -0500 "vinton g. cerf" 
> <vinton.g.cerf at mci.com> wrote:
> 
> > karl, ICANN has responsibility to do what it can to make sure
> > the DNS and ICANN root system work. It does not have to
> > disenfranchise the RIRs and the root servers to do this.
> 
> Vint,
> 
> I would go even further than this.  One of the best actions 
> ICANN can take, IMO, is to look at a particular situation (and 
> the root system and DNS operations generally are probably good 
> examples) and say "yep, it is working" followed by some version 
> of "if it ain't broke, don't fix it... or even intervene".  One 
> corollary to this is that not only does "it not have to 
> disenfranchise..." but that it arguably should not intervene in 
> those activities at all unless there is a strong case that they 
> are not working in some significant way.
> 
> In that sense, the observation that ICANN has not significantly 
> intervened in either the root system or with the address 
> registry environment should be judged as a success unless it is 
> argued that one or the other is seriously not working.
> 
>    john
> 
> 
> 
> 
> 

-- 
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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
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