📄 rfc3071.txt
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RFC 3071 Reflections on the DNS and RFC 1591 February 2001 these domains should be subject to ICANN regulation beyond the basic principles of 1591 and associated arrangements needed to ensure Internet interoperability and stability. ICANN's avoiding such involvement strengthens it: the desirability of avoiding collisions with national sovereignty, determinations about government legitimacy, and the authority of someone purportedly writing on behalf of a government, is as important today as it was when 1591 was written. The alternatives take us quickly from "administration" into "internet governance" or, in the case of determining which claimant is the legitimate government of a country, "international relations", and the reasons for not moving in that particular direction are legion.5. The role of governments The history of IANA strategy in handling ccTLDs included three major "things to avoid" considerations: * Never get involved in determining which entities were countries and which ones were not. * Never get involved in determining who was, or was not, the legitimate government of a country. And, more generally, avoid deciding what entity --government, religion, commercial, academic, etc.-- has what legitimacy or rights. * If possible, never become involved in in-country disputes. Instead, very strongly encourage internal parties to work problems out among themselves. At most, adopt a role as mediator and educator, rather than judge, unless abuses are very clear and clearly will not be settled by any internal mechanism. All three considerations were obviously intended to avoid IANA's being dragged into a political morass in which it had (and, I suggest, has) no competence to resolve the issues and could only get bogged down. The first consideration was the most visible (and the easiest) and was implemented by strict and careful adherence (see below) to the ISO 3166 registered Country Code list. If an entity had a code, it was eligible to be registered with a TLD (although IANA was free to apply additional criteria-most of them stated in 1591). If it did not, there were no exceptions: the applicant's only recourse was a discussion with the 3166 Registration Authority (now Maintenance Agency, often known just as "3166/MA") or the UN Statistical Office (now Statistics Bureau), not with IANA.Klensin Informational [Page 6]RFC 3071 Reflections on the DNS and RFC 1591 February 2001 There are actually five ccTLD exceptions to the strict rules. One, "UK", is historical: it predates the adoption of ISO 3166 for this purpose. The others --Ascension Island, Guernsey, Isle of Man, and Jersey --are arguably, at least in retrospect, just mistakes. Regardless of the historical reasons (about which there has been much speculation), it is almost certainly the case that the right way to handle mistakes of this sort is to acknowledge them and move on, rather than trying to use them as precedents to justify more mistakes. This, obviously, is also the argument against use of the "reserved" list (technically internal to the 3166 maintenance activity, and not part of the Standard): since IANA (or ICANN) can ask that a name be placed on that list, there is no rule of an absolute determination by an external organization. Purported countries can come to ICANN, insist on having delegations made and persuade ICANN to ask that the names be reserved. Then, since the reserved name would exist, they could insist that the domain be delegated. Worse, someone could use another organization to request reservation of the name by 3166/MA; once it was reserved, ICANN might be hard-pressed not to do the delegation. Of course, ICANN could (and probably would be forced to) adopt additional criteria other than appearance on the "reserved list" in order to delegate such domains. But those criteria would almost certainly be nearly equivalent to determining which applicants were legitimate and stable enough to be considered a country, the exact decision process that 1591 strove to avoid. The other two considerations were more subtle and not always successful: from time to time, both before and after the formal policy shifted toward "governments could have their way", IANA received letters from people purporting to be competent government authorities asking for changes. Some of them turned out later to not have that authority or appropriate qualifications. The assumption of 1591 itself was that, if the "administrative contact in country" rule was strictly observed, as was the rule that delegation changes requested by the administrative contact would be honored, then, if a government _really_ wanted to assert itself, it could pressure the administrative contact into requesting the changes it wanted, using whatever would pass for due process in that country. And the ability to apply that process and pressure would effectively determine who was the government and who wasn't, and would do so far more effectively than any IANA evaluation of, e.g., whether the letterhead on a request looked authentic (and far more safely for ICANN than asking the opinion of any particular other government or selection of governments).Klensin Informational [Page 7]RFC 3071 Reflections on the DNS and RFC 1591 February 2001 Specific language in 1591 permitted IANA to adopt a "work it out yourselves; if we have to decide, we will strive for a solution that is not satisfactory to any party" stance. That approach was used successfully, along with large doses of education, on many occasions over the years, to avoid IANA's having to assume the role of judge between conflicting parties. Similar principles could be applied to the boundary between country- code-based generic TLDs and country domains. Different countries, under different circumstances, might prefer to operate the ccTLD either as a national service or as a profit center where the "customers" were largely external. Whatever decisions were made historically, general Internet stability argues that changes should not be made lightly. At the same time, if a government wishes to make a change, the best mechanism for doing so is not to involve ICANN in a potential determination of legitimacy (or even to have ICANN's Government Advisory Committee (GAC) try to formally make that decision for individual countries) but for the relevant government to use its own procedures to persuade the administrative contact to request the change and for IANA to promptly and efficiently carry out requests made by administrative contacts.6. Implications for the current ICANN DNSO structure. The arguments by some of the ccTLD administrators that they are different from the rest of the ICANN and DNSO structures are (in this model) correct: they are different. The ccTLDs that are operating as generic TLDs should be separated from the ccTLD constituency and joined to the gTLD constituency. The country ccTLDs should be separated from ICANN's immediate Supporting Organization structure, and operate in a parallel and advisory capacity to ICANN, similar to the arrangements used with the GAC. The DNSO and country TLDs should not be required to interact with each other except on a mutually voluntary basis and, if ICANN needs interaction or advice from some of all of those TLDs, it would be more appropriate to get it in the form of an advisory body like the GAC rather than as DNSO constituency.7. References [1] Postel, J., "Domain Name System Structure and Delegation", RFC 1591, March 1994. [2] ISO 3166. ISO 3166-1. Codes for the representation of names of countries and their subdivisions - Part 1: Country codes (1997).Klensin Informational [Page 8]RFC 3071 Reflections on the DNS and RFC 1591 February 20018. Acknowledgements and disclaimer These reflections have been prepared in my individual capacity and do not necessarily reflect the views of my past or present employers. Several people, including Randy Bush, Theresa Swinehart, Zita Wenzel, Geoff Huston, Havard Eidnes, and several anonymous reviewers, made suggestions or offered editorial comments about earlier versions of this document. Cord Wischhoefer, of the ISO 3166/MA, was also kind enough to look at the draft and supplied some useful details. Those comments contributed significantly to whatever clarity the document has, but the author bears responsibility for the selection of comments which were ultimately incorporated and the way in which the conclusions were presented.9. Security Considerations This memo addresses the context for a set of administrative decisions and procedures, and does not raise or address security issues.10. Author's Address John C. Klensin 1770 Massachusetts Ave, Suite 322 Cambridge, MA 02140, USA EMail: klensin@jck.comKlensin Informational [Page 9]RFC 3071 Reflections on the DNS and RFC 1591 February 200111. Full Copyright Statement Copyright (C) The Internet Society 2001. All Rights Reserved. This document and translations of it may be copied and furnished to others provided that the above copyright notice and this paragraph are included on all such copies. However, this document itself may not be modified in any way, such as by removing the copyright notice or references to the Internet Society or other Internet organizations, except as required to translate it into languages other than English. The limited permissions granted above are perpetual and will not be revoked by the Internet Society or its successors or assigns. This document and the information contained herein is provided on an "AS IS" basis and THE INTERNET SOCIETY AND THE INTERNET ENGINEERING TASK FORCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.Acknowledgement Funding for the RFC Editor function is currently provided by the Internet Society.Klensin Informational [Page 10]
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