Transcript LAW OF THE INTERNET

LAW OF THE INTERNET
The creation of client-server
networks developed within a
single company, academic
institution or public organization
can be seen as a mini model of
the Internet.
Such client-servers networks are
prototypes of the Internet which
can be defined as the universal
system of client-server networks,
with one important distinction that
there is no single root server.
The Internet was born in the
period of the Cold War between
the Western democracies and
the Communist block headed by
the USSR.
It was based on the idea of a
decentralized computer network
which can survive nuclear attack.
The first network was installed
in 1969
The particularity of the Internet is
that it is a decentralized network.
It cannot be controlled from one
center.
The fact that the Internet was
invented and developed first in
the USA is very significant.
the nature of the Internet lies
in striving for decentralization.
the most important innovation
was the communication standard
Transmission Control
Protocol/Internet Protocol
(TCP/IP).
The TCP/IP protocols enable any
user to connect to the Internet.
until the introduction of the www
(the Web) in 1992 the use of the
Internet required a considerable
degree of technical knowledge.
The Web was invented by a
British scientist Tim Berners-Lee
The advantage of the web
consists in using hypertext – the
system which allows a user to
move to the other documents by
a mere ‘click’.
There are also other technical
innovations which contributed
greatly to the spread of the
Internet’s usage, such as Internet
browsers
Every computer linked to the
Internet is allocated an IP
number which is necessary for its
identification.
The problem with IP numbers
was the difficulty in memorizing
them and eventually the system
of domain names came into
effect.
Domain names are used to find
the appropriate IP number.
The need to enforce uniqueness,
that is, to prevent two people
from attempting to use the exact
same domain name, creates a
need for some sort of body to
monitor or allocate naming.
The definitive tables of names
and numbers are maintained on
so called root servers run by
mainly private sectors
companies.
The supply of IP numbers is
virtually inexhaustible, but the
words used for domain names
are in rather shorter supply.
There are two initial categories of
top level domain name based on
generic and country code.
The first is referred to as generic
top level domain names
(gTLDNs).
Another type is so called ccTLD
or country code top level
domains. They are normally
identified with a particular
country. For example, Thailand
has .th as its ccTLD.
The Internet is very different from
other forms of communications
not only from the technical point
of view, but also in the way it is
controlled according to law.
Before the arrival of the Internet
all forms of mass communication
were subject to a strict system of
licensing by national states.
In the beginning of the wide use
of the Internet, most of the web
sites were situated in the US, and
therefore law of the USA with
certain common values of
American society determined the
form of regulation of the Internet.
control mechanisms developed at
the time of American dominance
in the Internet experience a
pressure to be changed in order
to suit better other political and
social cultures
Since the dramatic development
of the Internet there is no single
organization which controls it.
From 1992 the key root server
was maintained by Network
Solutions which made the
position of this company very
important.
It managed the most of generic
names on the basis of contract
with the US National Science
Foundation made in 1993.
From that time until 1999 the
company registered 5 million
Internet addresses with generic
top level domain names
(gTLDNs).
The list of generic names,
however, was limited to very few
such as .com; .net; and .org. In
2002 the list, however, has be
extended..
The major change took place
in 2008 when the decision
was made to allow almost any
word to be used as gTLD
under certain limitations
Name.Space case
One of the companies, called
Name.Space sought to set up
alternative domain structures.
The main problem that the
company faced was the refusal of
the keepers of Internet root
servers to include details of its
users on their machines.
The Network Solutions was
accused by Name.Space in
monopolization of the system of
domain names since it prevented
other companies to set up
alternative domain structures by
a mere refusal to include details
of their users on the root servers’
machines.
The plaintiff claimed that the
defendants were in breach of US
anti-trust law and were in
violation of the US constitutional
guarantee of free speech.
The courts generally agreed that
there was monopolization, but
they held that Network Solutions
was entitled to antitrust immunity
for its actions, because it had no
authority to register other generic
TLDs.
This authority lay with the
National Science Foundation
(NSF), a governmental agency.
According to antitrust law,
governmental agencies and
officials are exempt from any
liability for alleged antitrust
violations.
the U.S. government continues to
exercise a significant control over
the management of the Internet
such technical issue as
registering new gTDNs can
cause a serious political
controversy and litigation in
courts.
the owners of trademarks are
afraid that the expansion of the
gTDNs will make it more difficult
to monitor and protect their
intellectual property rights.
the Internet Corporation for
Assigned Names and Numbers
(ICANN) was established in the
end of 1998 which still functions
until now.
ICANN took over the main
function of Network Solutions in
managing domain name system.
Internet Corporation for Assigned
Names and Numbers (ICANN) is
a non-profit, private sector
corporation under the law of
California formed by a broad
coalition of the Internet’s
business, technical, and
academic communities.
Its authority is based on the U.S.
Government’s mandate to
coordinate four key functions of
the Internet: the management of
the domain name system, the
allocation of IP address space,
the assignment of protocol
parameters, and the
management of the root server
system
At this moment many
organizations have been
accredited to act as registries for
domain names. Specific rules for
accreditation process are set in
order to qualify as a registrar.
The critics of ICANN argue that
ICANN lacks much of the
accountability normally found in
corporations and in nonprofit
organizations.
The fact that it derives its
authority from the US
Government is, perhaps, the
main object of criticism
considering the international
character of the Internet.
Question: should Internet be a
common domain belonging to
no state?
ICANN has been accused of
bullying many of the
organizations who run ccTLDs
into accepting new ways of
working, and threatening those
who do not pay large fees and
sign up to new contracts with
restrictions to the way they can
do business.