[ga] Redelegation issues

[DannyYounger@cs.com]

Dear Elizabeth,

I would appreciate getting your perspective on the article below (first 
posted to the NCDNHC list).  It raises the issue of what constitutes an 
appropriate redelegation process.  If a sovereign nation-state has passed 
laws stipulating that the local government will take over the 
responsibilities of the current TLD manager, does ICANN have the right to 
interfere in the internal affairs of a sovereign nation by refusing to 
redelegate until such time as there is agreement between the present 
administrator, government, and significant interested parties?  This strikes 
me as equivalent to the exercise of foreign policy powers (that I don't 
believe have ever been granted to ICANN by the US government).

I don't yet have a set opinion on this subject, so your thoughts would be of 
help in understanding the issue better.

>From Business Day (South Africa) 3 June 2002

State's plan on internet domain names raises alarm Political
Correspondent CAPE TOWN A proposal by the parliamentary communications
committee to establish a section 21 company to manage domain names on
the internet in SA has raised alarm bells about a looming crisis that
could see all internet connections in the country cut off.

Supported by the communications department and the African National
Congress, the proposals in the Electronic Communications and
Transactions Bill on setting up a domain name authority are vehemently
opposed by opposition parties and the current administrator of the ZA
domain.

The committee plans to finalise and vote on the bill today . Much of the
chapter on the domain names was approved and voted on Friday but could
be discussed again today. Government is opposed to the current
administrative system for the ZA domain name, which it says is
"monopolistic" and without a regulatory framework to manage the expected
explosive growth of the internet.

Communications chairman Nkenke Kekana said that the domain name
authority had to be "representative, accountable to all South Africans
and proactive in promoting the internet".
In terms of the bill, the communications minister would appoint a panel
which would recommend nominated candidates to be appointed to the board
of a section 21 firm.

But domain name administrator Mike Lawrie, who is one of the cochairmen
of Namespace ZA, which will take over the administration in future, has
objected to the excessive powers the minister would wield over the
domain name system in SA.

Lawrie said this was "quite unacceptable". He warned of a "national
disaster", saying he would not hand over the administration if
government interference in the internet was provided for in law.

If Lawrie refused to get himself licensed as required by the bill, this
would mean he could no longer continue operating and that the
administration of the ZA domain name would collapse.
This would mean that normal internet and e-mail connections would no
longer function.

"The vast majority of internet connections in and into this country will
simply not happen, because the ZA domain name servers will grind to a
halt and make all subdomains of ZA totally unreachable," Lawrie said.

The gov.za domain name would also not work. "Parliament cannot pass
legislation and expect that the internet will kowtow to that
legislation. It does not work that way. The legislation must in keeping
with the standards of the internet, or it will lead to problems.

"There are very clear standards laid down for how a redelegation of a
country code domain shall take place," he said. For the redelegation to
meet international standards laid down by the Internet Corporation for
Assigned Names and Numbers there has to be agreement between Lawrie, as
the present administrator, government, and significant interested
parties.

Democratic Alliance communications spokeswoman Dene Smuts said the bill
"bald-facedly expropriates" the existing domain name authority. She
rejected government's rationale for a new administrative system, saying
a domain name authority did not and could not roll out services.

See also:
http://www.itweb.co.za/sections/internet/2002/0206031206.asp?O=TE

Controversial ECT Bill discussions come to an end
BY PHILLIP DE WET, ITWEB NEWS EDITOR
[SNIP]
During the weekend, Andile Ngcaba, director-general of the Department of
Communications, said an amended version would see an intermediary panel
inserted into the process. The minister would appoint the independent 
panel, which would in turn appoint the directors of the domain
authority.

But current .za administrator Mike Lawrie, who has controlled the domain
since its inception, has vowed not to hand control over to a government
he believes not technically capable of handling the fragile system. He
has warned that domain names, and e-mail addresses, that use the popular
.co.za suffix could "go dark" due to improper management.

Lawrie has, since 1998, been involved in setting up an organisation to
take over from him. Such a body, Namespace SA, was formed in September
last  year. Government was invited to participate in the body and
appoint representatives to its board, but declined.

The Internet Corporation for Assigned Names and Numbers (ICANN), which
is responsible for globally overseeing the domain name system, requires
the consent of the current administrator for any re-delegation of
responsibility.
[SNIP]
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