Greg,
> The genie is out of the bottle. We are going to have to find some
> way to deal with the legal issues of naming network resources now.
>
I disagree: the legal issues are legal issues, not yours or mine or
ICANNs.
That means they are up to good and worthy individuals who try to
apply *existing law (as they understand it) to circumstances they
never envisioned. Some do better than others, granted ;-)
IFWP may not have 'legal' standing as an input channel to net
governance or anything else, but we can at least act as 'friend of
the court,' and try to provide some cogency to the arguments. The
way to do that, imo, is to winkle out an idea that subsumes *both
sides.
I'm sorry if my impression of the past couple months here is wrong,
but it looks very much as if there is no easy solution lying about
waiting for someone to announce it. Much as we would all love to
be in on such an Easter egg hunt, I'm sure the Einars and Daves
and the other old hands would have figured it out by now. If they
havent, then instead of looking under bushes and behind trees (and
sniping at the neighbors), why not get *beyond the tendentious
issues to see where they are coming from?
Again: if any body here has a rule or a principle or an algorithm or a
heuristic that *works in even the least degree, then by all means
lets publish it and get on. Otherwise let us (i.e. a number of
people, so that the diversity of experience neutralizes the
automatic implication of bias) get together and take the *absence*
of a rule seriously. That is the problem to quantify, if not solve -- do
that and the courts (as well as whichever NewCo is going to tackle
the incredible mishmosh of 'precedent' that DoC and NTIA have left
us) will take care of the rest. *They need *us to spell out how to
operate without rules -- if that's the message we have to deliver. If
it's not; if 'the internet tradition' actually *needs an autocrat in the
machine, then I think the 'decent' interval has long since lapsed
when we can pack up and make our separate peaces with the
AOTD.
To be sure, there's always a third way. We can rant and rave and
posture and pontificate and shrug our shoulders, what the hell.
Theres real beauty to this strategy, you know; the dastardly
conniving no-good shyster functionaries who insist on going on
their bureaucratic meddlesome ways will always manage to give us
something to winge about. We dont need no stinking self-
governance!
kerry
.
