> > Consequently, ICANN will have the power
> > to set the terms and conditions under
> > which a name server's domain name will
> > exist.
> >
> > These "flow down" contracts are the
> > essence of a strict REGULATORY regime
> > that will not only affect name servers,
> > but virtually every aspect of the entire,
> > world-wide Internet.
>
> Yes. They certainly have that potential. What happens if the name
> server owners band together and say "Stuff it"?
Not much unless they establish a new version of the TLD to which they
belong or a new root system.
An interesting twist is that multiple root systems not only tend to limit
the effectivness of the contractual flow-down mechanism, but they also
limit the application of the WIPO rules as well.
In other words, if there were to be established a viable non-ICANN root
system, then all this effort to establish advisory committees, Supporting
Organizations, WIPO rules, ADR, taxes/fees, etc would all exist only on
those things willing to voluntarily accept the rules derived from the
ICANN root (and possibly the ICANN TLDs). Everyone and everything else
would be exempt.
--karl--
