Re: [ga] Re: On new TLDs

[Karl Auerbach <karl@xxxxxxxxxxxx>]

On Wed, 7 Dec 2005, sotiris@xxxxxxxxxxxxxxxxx wrote:

> I am of the opinion that Jon Postel would not have wished to expand the
> namespace

OK, so we differ over what Postel's opinion might be.

But you did not answer my primary point - that the insertion of subjective 
opinion, anyone's opinion, to block the legal behavior of someone else 
contrary to the end-to-end principle and is a potentially illegal 
restraint of trade.

It is my opinion that the selling of Hummers is obscene.  Should my 
opinion thus require that general motors stop building and selling them?

Hence my formulation:

The First Law of the Internet

Every person shall be free to use the Internet in any way that is 
privately beneficial without being publicly detrimental.

 * The burden of demonstrating public detriment shall be on those who wish
   to prevent the private use.

   o Such a demonstration shall require clear and convincing evidence of
     public detriment.

 * The public detriment must be of such degree and extent as to justify
   the suppression of the private activity.

Are you, or ICANN, prepared to demonstrate with clear and convincing 
evidence that the effective freeze on new TLDs is necessary to protect the 
public from specific and identifiable harms?

If not, then you, and ICANN, should get out of the way and let innovation 
happen.

        --karl--