ICANN Headquarters Above
Jonathan Postel Is Dead at 55; Helped Start and Run Internet
By KATIE HAFNER
Jonathan B. Postel, who played a pivotal role in creating and administering the Internet, died of complications after undergoing heart surgery on Friday in St. John’s Hospital in Santa Monica, his brother Thomas Postel said Saturday. He was 55 and lived in Los Angeles.
Postel, a computer scientist at the Information Sciences Institute, a branch of the University of Southern California in Marina del Rey, Calif., was a creator of the Internet’s address system. For 30 years, he handled the administrative end of Internet addresses under the auspices of the Internet Assigned Numbers Authority, or IANA, a federally financed entity. “Jon’s greatest achievement was operating IANA,” said Stephen Crocker, a colleague of Postel’s. “It is a very central piece of the infrastructure. As mundane and as simple as it seemed, he set policies that made it very easy for the network to grow. He minimized bureaucratic delay and at the same time kept silly and nonsensical things to a minimum.” Postel began his work on computer networking in the late 1960s, while a graduate student at the University of California at Los Angeles. He was one of a small group of computer scientists who created the Arpanet, the precursor to the Internet. At UCLA in 1969, Postel assisted in the installation of the Arpanet’s first communications switch, which routes network traffic. For nearly 30 years, Postel also served as editor of the Request for Comments series, or RFCs, technical notes that began with the earliest days of the Arpanet and continued into the Internet. Though intended to be informal, RFCs often laid the foundation for technical standards governing the Internet’s operation. Nearly 2,500 RFCs have been produced. As part of the effort to hand administration of the Internet over to an international private corporation, this month Postel delivered to the government a proposal to transform the IANA into a nonprofit corporation, with broad representation from the commercial and academic sectors. The proposed organization has been incorporated and has an interim board of directors. Pending final approval from the Department of Commerce, the new entity is prepared to take up its responsibility, said Vinton Cerf, chairman of the Internet Society, a professional membership society to which Postel also belonged. Postel was known for his steadiness, as well as for the influence he wielded with colleagues at meetings of professional organizations. During heated technical debates, once Postel weighed in, the matter was soon resolved. As testament to Postel’s control over the highest levels of the Internet, in conducting a test of the Internet’s reliability this year, he rerouted the Internet’s directory service to alternate locations. Although there was no disruption of the Internet’s operation, the incident attracted widespread attention. Postel said he was conducting an experiment to demonstrate the network’s backup capability. Explaining the action, Crocker said, “I think he was exercising his legitimate responsibility to make sure the network worked as advertised.” In 1966, Postel graduated from UCLA, where he also obtained a master’s degree in engineering in 1968 and a doctorate in computer science in 1974. In addition to the Internet Society, where he served as a trustee, Postel was a member of the Association for Computing Machinery. In addition to his brother Thomas, of Sherman Oaks, Calif., Postel is survived by his his companion, Susan Gould, also of Los Angeles; mother, Lois Postel, of Sherman Oaks; another brother, Russell Postel, of Sebastopol, Calif.; and a sister, Margie Bradshaw, of Paisley, Scotland.
The US takeover of the DNS Root Authority
On January 28, 1998, Postel, on his own authority, emailed eight of the twelve operators of Internet’s regional root nameservers and instructed them to change the root zone server from Network Solutions (NSI)’s A.ROOT-SERVERS.NET. (22.214.171.124) to DNSROOT.IANA.ORG (126.96.36.199). The operators complied with Postel’s instructions, thus splitting control of Internet naming between IANA and the four remaining U.S. Government roots at NASA, the .mil server, BRL and NSI. He soon received a telephone call from a furious Ira Magaziner, President Clinton’s senior science advisor, who instructed him to undo this change – which he did. Within a week, the US NTIA issued its “Green Paper” asserting the US government’s definitive authority over the Internet DNS root zone.
ICANN Membership Advisory Committee
(Operated during 1998-1999)
Izumi Aizu is Principal, Asia Network Research Sdn. Bhd.; Secretary General, Asia & Pacific Internet Association; Research Fellow, GLOCOM; Manager, Research & Planning, Institute for HyperNetwork Society; Vice Chair, external affairs, Asia Pacific Networking Group (APNG); Chair, International working group, Internet Association of Japan (IAJ).
In 1986, Mr Aizu co-founded the Institute for Networking Design in Tokyo, a think-tank specializing in computer conferencing, and served as secretary general of Networking Forum, an annual conference on PC networking in Japan from 1987 to 1992. In 1991, he joined GLOCOM (Center for Global Communications), at the International University of Japan. After attending INET 92 in Kobe, he started to study and promote the Internet in Japan, giving strategic advice to IT and media industries and national and local government agencies, and worked on policy and strategic issues in a global context with a strong focus on Asia. In 1993, he co-founded the Institute for Hyper Network Society (IHNS) whose main office is in Oita, a local city in Kyushu Island, and which is actively involved in grassroots community networking.
In 1997, he moved to Kuala Lumpur, Malaysia, and found Asia Network Research, an independent research unit dedicated to promote networking in Asia-Pacific, focusing on societal aspects of the Internet. In June, 1998, he was appointed Secretary General of the Asia & Pacific Internet Association, a trade association representing the Internet business community in the region.
Diane Thilly Cabell
Diane Thilly Cabell practices intellectual property law with the Boston firm of Fausett, Gaeta & Lund, LLP and serves as webmaster of the Women’s Bar Association of Massachusetts. In 1998, Ms. Cabell was named a Visiting Scholar at the Institutt for rettsinformatikk, Universitetet i Oslo where she studied European privacy and database protection law with Prof., dr juris Jon Bing of the European Commission’s Legal Advisory Board.
Ms. Cabell has written on legal issues for the Internet Society and the Association of Internet Professionals. Her most recent publication is “Foreign Domain Disputes” which appears in the Winter, 1999 issue of New Matter, journal of the Intellectual Property Section of the State Bar of California. She is co-founder of the Global Cyberlaw Network, an international society of Internet lawyers and a member of the Boston Bar Association, the Internet Society, and the Massachusetts Interactive Media Council. Ms. Cabell was scribe for the IFWP-Reston Trademark/Domain Names Working Group and the Boston Working Group.
George Conrades, chairman
George Conrades is a member of the Initial Board of Directors of ICANN, and a Venture Partner with Polaris Venture Partners. He had been Executive Vice President and President, GTE Internetworking since the acquisition of BBN by GTE in 1997. He was also Chief Executive Officer of BBN (1994-98). Previously, he was with IBM for thirty-one years, including IBM United States and IBM Asia/Pacific in Tokyo. At IBM, he was Senior Vice President and a member of IBM’s Corporate Management Board.
He is former Chairman of the Board of Ohio Wesleyan University, a trustee of The Scripps Research Institute, a trustee of the Committee for Economic Development, and chair of the subcommittee report on the importance of basic research in America. Previously, he served as director for several companies in health care, bio-pharmaceuticals and high technology, and is a member of the board of CBS.
Mr. Conrades holds a Bachelor’s degree in physics and mathematics from Ohio Wesleyan University (1961) and a M.B.A. from the University of Chicago (1971).
Greg Crew is a member of the Initial Board of Directors of ICANN, Chairman of the Australian Communications Industry Forum Ltd., Chairman of the Australian Information Technology Engineering Centre Ltd., and a non-executive director of ERG Ltd. (Perth) and of Silicon Wireless Ltd. (California). He was Chief Executive Officer of Mercury Communications Ltd. (UK) (1993-95) and Chief Operating Officer of Hongkong Telecommunications Ltd. (1991-93). He was also Managing Director of Hongkong Telephone Co. Ltd. (1988-91). Previously, he occupied various positions in engineering and commercial management in Hong Kong, and in Australia with Telecom Australia.
He is a Fellow of the Institution of Electrical Engineers and a Fellow of the Australian Institute of Company Directors.
Mr. Crew holds a Bachelor’s degree in engineering from the University of Tasmania (1959), a Master’s degree in administration from Monash University (1979), and was awarded an Honorary Doctorate of Science from the Open University of Hong Kong for services to telecommunications and education in Hong Kong.
Pavan Duggal is a cyberlaw consultant and founder of the Cyberlaw Association, CyberlawAsia, and CyberlawIndia, two organisations committed to the passing of dynamic cyberlaws in Asia and India, respectively. Pavan is also the founder of Cyberarbitration, an online system of alternative dispute resolution. He is participating in the DNS process being conducted by World Intellectual Property Organisation (WIPO).
Pavan is a practising Advocate in the Supreme Court of India at New Delhi. At present, he is advising a number of potential ISPs in the emerging Internet market in India. Pavan presents the latest judgments and legal aid on “Apex Judgements” on India’s National Television Channel. He has worked with United Nations Development Programme (UNDP) and with the United Nations International Drugs Control Programme (UNDCP) .
Pavan has received degress in History Honours and Law from St.Stephens College,University of Delhi, with highest academic distinction.
Kanchana Kanchanasut has been affiliated for almost fifteem years with an international post-graduate education institute called the Asian Institute of Technology (AIT), where she is currently an Associate Professor in Computer Science. Throughout this period, she has worked closely with people from various parts of the world and has produced many graduates who are now actively working in their own countries in Asia and the Pacific region. She did her BSc at the University of Queensland and PhD at the University of Melbourne, Australia. In the late 80’s, she became one of the Internet pioneers in Thailand and is currenly the top level domain name administrator for the .th domain. Prior to that, she was the first President of the Thai Unix Users Group, and from her association with Australia, she became actively involved in setting up UUCP connection from Thailand in early 1988. She has been partcipating in the Asia-Pacific Networking Group (APNG) and various other Internet-related groups in the Asia-Pacific region as well as being one of the main research team members in the Asian Internet Interconnection Initiatives.
Daniel Kaplan is a consultant and the vice-president of the French Chapter of the Internet Society. He began consulting on electronic media and interactivity in 1985 when he founded JKLM, which quickly became one of France’s prominent consultancy and design firms in videotext, audiotext and multimedia. Mr. Kaplan now works freelance as part of a network of senior consultants. He specializes in the strategic use of networks and electronic media, with an emphasis on the Internet. Mr. Kaplan provides his strategic consulting, market surveys and project management skills to organizations willing to understand and take advantage of opportunities arising from the Networked Society. Mr. Kaplan is the author of several books and reports, including what is probably the reference yearly report on the state of the Information Society in France (Internet: What Is at Stake for France?, 1996-1999). Mr. Kaplan is Vice-president of the French Chapter of the Internet Society (ISOC France); Trustee, Institut International du Commerce Electronique; Chair, Association Française de la Télématique Multimédia (AFTEL)’s Internet Workshop; and Member of the Lorentz commission on Electronic Commerce.
Siegfried Langenbach is the founder of Computer Service Langenbach GmbH, a German ISP. CSL was founded in 1972 specializing in statistical research. In 1994 Internet activities were added.
Mr. Langenbach was involved in the creation of DENIC, the German NIC, and was the first chair of the DENIC supervisory board.
Mr. Langenbach (either individually or through CSL), is a member of Réseaux IP Européens (RIPE NCC) and the Internet Council of Registrars (CORE), and a participant in the Internet Engineering Task Force and the Domain Name Supporting Organization (DNSO) application process.
Nii Quaynor received a B.A in engineering science from Dartmouth College in 1972 and received a Bachelor of Engineering degree from Thayer School of Engineering in 1973. He did graduate study at the State University of New York at StonyBrook where he obtained M.S and Ph.D degrees in Computer Science in 1974 and 1977 respectively.
Nii joined Digital Equipment Corporation in 1977 where he worked on a variety of projects including VAXClusters and VAX8000/9000 processor series. During the 14 years at Digital he was credited with formal characterization of large systems and performance design methodologies. Nii left Digital in 1991 as a Senior Engineering Manager and returned to Ghana in a technology transfer experiment which transformed him into a high-technology entrepreneur.
After working as a UNDP consultant to the Ghana National Petroleum Corporation, Nii established Network Computer Systems to provide technology solutions. NCS provides a range of services from equipment support to software for export and to building networks. NCS distinguished itself in building large private corporate networks. This expertise enabled NCS to also establish the first public networks for SWIFT, EDI and Internet in West Africa. Nii further took upon himself to assist several African countries strengthen their Internetworks. Notable among them were Togo, Gambia, Nigeria, Liberia, Swaziland and Ethiopia. His concern that the associated human networks ought to be maintained, led to a drive to mobilize Africans to build the relevant supporting Institutions of the Internet in the Region.
Nii taught for the International Center for Theoretical Physics in Italy, China, Colombia, Sri Lanka and Mexico. He also established the Computer Science Department at the University of Cape-Coast in Ghana. Nii is currently, the Executive Chairman of NCS, President of the Internet Society of Ghana, member of the Council of the University of Ghana, member of the Ghana Frequency Registration and Control Board, and a member of the Board of the Ghana News Agency.
Oscar Robles is Vice President for the Latin American & Caribbean Networks Forum (ENRED). He is also Interim Chair and co-founder for the Latin American & Caribbean country code Top Level Domain organization, which was created in August 1998 and aims to share information between ccTLDs in the region. Since 1995, Mr. Robles has been in charge of the .MX ccTLD (NIC-Mexico) administration, which is hosted by the Monterrey Institute of Technology (ITESM) in Monterrey, Mexico. He is a member of the Mexican ISOC chapter, wwTLD alliance and IATLD. Mr. Robles holds a Bachelor’s degree in Computer Systems Engineering from the ITESM (1995), and a Master’s degree in Information Technology Administration from the same institution (1998)
Dan Steinberg is involved in issues of convergence between technology and law. The interface is constantly changing and currently includes Year 2000 legal/technical issues, domain name/trademark conflict and other Internet governance issues. Dan is counsel to a number of organizations on Year 2000 legal issues and speaks on this topic to both public and private sector audiences. He has been advising clients on various Year 2000 issues for over two years and has testified before the US congress on Y2K International/Legal implications.
In addition, Dan is active as a legal educator, providing MCLE-approved courses on Internet Legal Resources and an upcoming seminar on Year 2000 legal issues.
Y2K-related publications include: “10 Litigation Battlegrounds, Countdown 2000, Lexis-Nexis, May 1998”, “Risk Management, Why Compliance Agreements Aren’t Enough, Year 2000 Problem – Strategies and Solutions from the Fortune 100, Leon Kappleman et al., Thompson Computer Press, 1997”, “To Litigate or Mitigate, That is the question: The role of attorneys and Risk Managers, Year 2000 Problem – Strategies and Solutions from the Fortune 100, Leon Kappleman et al., Thompson Computer Press, 1997”, “Year 2000 Legal/International Challenges, Countdown 2000, Lexis-Nexis, June 1998”, “Hot off the presses and other Y2K soundbytes, http://www.comlinks.com/legal/y2kforum.htm 1997-98”.
Dan formed SYNTHESIS: Law & Technology as a loose association of multidisciplinary talent in the Ottawa area. Current expertise available at the firm includes legal, medical, accounting, translation, project management and strategic planning. Dan’s education includes an LLB from Université de Montréal, an MBA from McGill University and a BSc from Concordia University.
Tadao Takahashi is chair of the Brazilian chapter of the Internet Society.
Jonathan Zittrain (non-voting liaison to Berkman Center membership study)
Jonathan Zittrain is Executive Director of the Berkman Center for Internet & Society and Lecturer on Law at Harvard Law School. Information about the study of ICANN membership issues that the Berkman Center is conducting is available at http://cyber.law.harvard.edu/rcs/rcs_announce.html.
MEMORANDUM OF UNDERSTANDING BETWEEN
THE U.S. DEPARTMENT OF COMMERCE
INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS
This document constitutes an agreement between the U.S. Department of Commerce (DOC or USG) and the Internet Corporation for Assigned Names and Numbers (ICANN), a not-for-profit corporation.
On July 1, 1997, as part of the Administration’s Framework for Global Electronic Commerce, the President directed the Secretary of Commerce to privatize the management of the domain name system (DNS) in a manner that increases competition and facilitates international participation in its management.
On June 5, 1998, the DOC published its Statement of Policy, Management of Internet Names and Addresses, 63 Fed. Reg. 31741(1998) (Statement of Policy). The Statement of Policy addressed the privatization of the technical management of the DNS in a manner that allows for the development of robust competition in the management of Internet names and addresses. In the Statement of Policy, the DOC stated its intent to enter an agreement with a not-for-profit entity to establish a process to transition current U.S. Government management of the DNS to such an entity based on the principles of stability, competition, bottom-up coordination, and representation.
Before making a transition to private sector DNS management, the DOC requires assurances that the private sector has the capability and resources to assume the important responsibilities related to the technical management of the DNS. To secure these assurances, the Parties will collaborate on this DNS Project (DNS Project). In the DNS Project, the Parties will jointly design, develop, and test the mechanisms, methods, and procedures that should be in place and the steps necessary to transition management responsibility for DNS functions now performed by, or on behalf of, the U.S. Government to a private-sector not-for-profit entity. Once testing is successfully completed, it is contemplated that management of the DNS will be transitioned to the mechanisms, methods, and procedures designed and developed in the DNS Project.
In the DNS Project, the parties will jointly design, develop, and test the mechanisms, methods, and procedures to carry out the following DNS management functions:
a. Establishment of policy for and direction of the allocation of IP number blocks;
b. Oversight of the operation of the authoritative root server system;
c. Oversight of the policy for determining the circumstances under which new top level domains would be added to the root system;
d. Coordination of the assignment of other Internet technical parameters as needed to maintain universal connectivity on the Internet; and
e. Other activities necessary to coordinate the specified DNS management functions, as agreed by the Parties.
The Parties will jointly design, develop, and test the mechanisms, methods, and procedures that will achieve the transition without disrupting the functional operation of the Internet. The Parties will also prepare a joint DNS Project Report that documents the conclusions of the design, development, and testing.
DOC has determined that this project can be done most effectively with the participation of ICANN. ICANN has a stated purpose to perform the described coordinating functions for Internet names and addresses and is the organization that best demonstrated that it can accommodate the broad and diverse interest groups that make up the Internet community.
C. The Principles
The Parties will abide by the following principles:
This Agreement promotes the stability of the Internet and allows the Parties to plan for a deliberate move from the existing structure to a private-sector structure without disruption to the functioning of the DNS. The Agreement calls for the design, development, and testing of a new management system that will not harm current functional operations.
This Agreement promotes the management of the DNS in a manner that will permit market mechanisms to support competition and consumer choice in the technical management of the DNS. This competition will lower costs, promote innovation, and enhance user choice and satisfaction.
3. Private, Bottom-Up Coordination
This Agreement is intended to result in the design, development, and testing of a private coordinating process that is flexible and able to move rapidly enough to meet the changing needs of the Internet and of Internet users. This Agreement is intended to foster the development of a private sector management system that, as far as possible, reflects a system of bottom-up management.
This Agreement promotes the technical management of the DNS in a manner that reflects the global and functional diversity of Internet users and their needs. This Agreement is intended to promote the design, development, and testing of mechanisms to solicit public input, both domestic and international, into a private-sector decision making process. These mechanisms will promote the flexibility needed to adapt to changes in the composition of the Internet user community and their needs.
A. DOC has authority to participate in the DNS Project with ICANN under the following authorities:
(1) 15 U.S.C. § 1525, the DOC’s Joint Project Authority, which provides that the DOC may enter into joint projects with nonprofit, research, or public organizations on matters of mutual interest, the cost of which is equitably apportioned;
(2) 15 U.S.C. § 1512, the DOC’s authority to foster, promote, and develop foreign and domestic commerce;
(3) 47 U.S.C. § 902, which specifically authorizes the National Telecommunications and Information Administration (NTIA) to coordinate the telecommunications activities of the Executive Branch and assist in the formulation of policies and standards for those activities including, but not limited to, considerations of interoperability, privacy, security, spectrum use, and emergency readiness;
(4) Presidential Memorandum on Electronic Commerce, 33 Weekly Comp. Presidential Documents 1006 (July 1, 1997), which directs the Secretary of Commerce to transition DNS management to the private sector; and
(5) Statement of Policy, Management of Internet Names and Addresses, (63 Fed. Reg. 31741(1998) (Attachment A), which describes the manner in which the Department of Commerce will transition DNS management to the private sector.
B. ICANN has the authority to participate in the DNS Project, as evidenced in its Articles of Incorporation (Attachment B) and Bylaws (Attachment C). Specifically, ICANN has stated that its business purpose is to:
(i) coordinate the assignment of Internet technical parameters as needed to maintain universal connectivity on the Internet;
(ii) perform and oversee functions related to the coordination of the Internet Protocol (IP) address space;
(iii) perform and oversee functions related to the coordination of the Internet domain name system, including the development of policies for determining the circumstances under which new top-level domains are added to the DNS root system;
(iv) oversee operation of the authoritative Internet DNS root server system; and
(v) engage in any other related lawful activity in furtherance of Items (i) through (iv).
IV. MUTUAL INTEREST OF THE PARTIES
Both DOC and ICANN have a mutual interest in a transition that ensures that future technical management of the DNS adheres to the principles of stability, competition, coordination, and representation as published in the Statement of Policy. ICANN has declared its commitment to these principles in its Bylaws. This Agreement is essential for the DOC to ensure continuity and stability in the performance of technical management of the DNS now performed by, or on behalf of, the U.S. Government. Together, the Parties will collaborate on the DNS Project to achieve the transition without disruption.
V. RESPONSIBILITIES OF THE PARTIES
1. The Parties agree to jointly participate in the DNS Project for the design, development, and testing of the mechanisms, methods and procedures that should be in place for the private sector to manage the functions delineated in the Statement of Policy in a transparent, non-arbitrary, and reasonable manner.
2. The Parties agree that the mechanisms, methods, and procedures developed under the DNS Project will ensure that private-sector technical management of the DNS shall not apply standards, policies, procedures or practices inequitably or single out any particular party for disparate treatment unless justified by substantial and reasonable cause and will ensure sufficient appeal procedures for adversely affected members of the Internet community.
3. Before the termination of this Agreement, the Parties will collaborate on a DNS Project Report that will document ICANN’s test of the policies and procedures designed and developed pursuant to this Agreement.
4. The Parties agree to execute the following responsibilities in accordance with the Principles and Purpose of this Agreement as set forth in section II.
B. DOC. The DOC agrees to perform the following activities and provide the following resources in support of the DNS Project:
1. Provide expertise and advice on existing DNS management functions.
2. Provide expertise and advice on methods and administrative procedures for conducting open, public proceedings concerning policies and procedures that address the technical management of the DNS.
3. Identify with ICANN the necessary software, databases, know-how, other equipment, and intellectual property necessary to design, develop, and test methods and procedures of the DNS Project.
4. Participate, as necessary, in the design, development, and testing of the methods and procedures of the DNS Project to ensure continuity including coordination between ICANN and Network Solutions, Inc.
5. Collaborate on a study on the design, development, and testing of a process for making the management of the root server system more robust and secure. This aspect of the DNS Project will address:
a. Operational requirements of root name servers, including host hardware capacities, operating system and name server software versions, network connectivity, and physical environment.
b. Examination of the security aspects of the root name server system and review of the number, location, and distribution of root name servers considering the total system performance, robustness, and reliability.
c. Development of operational procedures for the root server system, including formalization of contractual relationships under which root servers throughout the world are operated.
6. Consult with the international community on aspects of the DNS Project.
7. Provide general oversight of activities conducted pursuant to this Agreement.
8. Maintain oversight of the technical management of DNS functions currently performed either directly, or subject to agreements with the U.S. Government, until such time as further agreement(s) are arranged as necessary, for the private sector to undertake management of specific DNS technical management functions.
C. ICANN. ICANN agrees to perform the following activities and provide the following resources in support of the DNS Project and further agrees to undertake the following activities pursuant to its procedures as set forth in Attachment B (Articles of Incorporation) and Attachment C (By-Laws), as they may be revised from time to time in conformity with the DNS Project:
1. Provide expertise and advice on private sector functions related to technical management of the DNS such as the policy and direction of the allocation of IP number blocks and coordination of the assignment of other Internet technical parameters as needed to maintain universal connectivity on the Internet.
2. Collaborate on the design, development and testing of procedures by which members of the Internet community adversely affected by decisions that are in conflict with the bylaws of the organization can seek external review of such decisions by a neutral third party.
3. Collaborate on the design, development, and testing of a plan for introduction of competition in domain name registration services, including:
a. Development of procedures to designate third parties to participate in tests conducted pursuant to this Agreement.
b. Development of an accreditation procedure for registrars and procedures that subject registrars to consistent requirements designed to promote a stable and robustly competitive DNS, as set forth in the Statement of Policy.
c. Identification of the software, databases, know-how, intellectual property, and other equipment necessary to implement the plan for competition;
4. Collaborate on written technical procedures for operation of the primary root server including procedures that permit modifications, additions or deletions to the root zone file.
5. Collaborate on a study and process for making the management of the root server system more robust and secure. This aspect of the Project will address:
a. Operational requirements of root name servers, including host hardware capacities, operating system and name server software versions, network connectivity, and physical environment.
b. Examination of the security aspects of the root name server system and review of the number, location , and distribution of root name servers considering the total system performance; robustness, and reliability.
c. Development of operational procedures for the root system, including formalization of contractual relationships under which root servers throughout the world are operated.
6. Collaborate on the design, development and testing of a process for affected parties to participate in the formulation of policies and procedures that address the technical management of the Internet. This process will include methods for soliciting, evaluating and responding to comments in the adoption of policies and procedures.
7. Collaborate on the development of additional policies and procedures designed to provide information to the public.
8. Collaborate on the design, development, and testing of appropriate membership mechanisms that foster accountability to and representation of the global and functional diversity of the Internet and its users, within the structure of private- sector DNS management organization.
9. Collaborate on the design, development and testing of a plan for creating a process that will consider the possible expansion of the number of gTLDs. The designed process should consider and take into account the following:
a. The potential impact of new gTLDs on the Internet root server system and Internet stability.
b. The creation and implementation of minimum criteria for new and existing gTLD registries.
c. Potential consumer benefits/costs associated with establishing a competitive environment for gTLD registries.
d. Recommendations regarding trademark/domain name policies set forth in the Statement of Policy; recommendations made by the World Intellectual Property Organization (WIPO) concerning: (i) the development of a uniform approach to resolving trademark/domain name disputes involving cyberpiracy; (ii) a process for protecting famous trademarks in the generic top level domains; (iii) the effects of adding new gTLDs and related dispute resolution procedures on trademark and intellectual property holders; and recommendations made by other independent organizations concerning trademark/domain name issues.
10. Collaborate on other activities as appropriate to fulfill the purpose of this Agreement, as agreed by the Parties.
1. ICANN shall not act as a domain name Registry or Registrar or IP Address Registry in competition with entities affected by the plan developed under this Agreement. Nothing, however, in this Agreement is intended to prevent ICANN or the USG from taking reasonable steps that are necessary to protect the operational stability of the Internet in the event of the financial failure of a Registry or Registrar or other emergency.
2. Neither Party, either in the DNS Project or in any act related to the DNS Project, shall act unjustifiably or arbitrarily to injure particular persons or entities or particular categories of persons or entities.
3. Both Parties shall act in a non-arbitrary and reasonable manner with respect to design, development, and testing of the DNS Project and any other activity related to the DNS Project.
VI. EQUITABLE APPORTIONMENT OF COSTS
The costs of this activity are equitably apportioned, and each party shall bear the costs of its own activities under this Agreement. This Agreement contemplates no transfer of funds between the Parties. Each Party’s estimated costs for the first six months of this Agreement are attached hereto. The Parties shall review these estimated costs in light of actual expenditures at the completion of the first six month period and will ensure costs will be equitably apportioned.
VII. PERIOD OF AGREEMENT AND MODIFICATION/TERMINATION
This Agreement will become effective when signed by all parties. The Agreement will terminate on September 30, 2000, but may be amended at any time by mutual agreement of the parties. Either party may terminate this Agreement by providing one hundred twenty (120) days written notice to the other party. In the event this Agreement is terminated, each party shall be solely responsible for the payment of any expenses it has incurred. This Agreement is subject to the availability of funds.
Joe Sims J. Beckwith Burr
Counsel to ICANN Associate Administrator, NTIA
Jones, Day, Reavis & Pogue U.S. Department of Commerce
1450 G Street N.W. Washington, D.C. 20230
Washington, D.C. 20005-2088