Discuss mailing list

[Zach Gibbens <infocop411 AT gmail.com>]

US law should have us as what's called a common carrier, we don't need
to know where somebody registers a domain, there are requirements to
dealing with issues to keep that common carrier protection (seems 72
hours from receipt or notice is the window to notify a person & have a
timely reaction, case law is inconsistent on that, but it's always in
that range of 48 hours to 96 hours or so, there is no law defining
what is a "timely manner", and the MAFIAA & others have tried to claim
a week was not a "timely manner", with no success (so far) but to this
point there is only one company targed in a nameserver related
dispute, which is Verisign)

Based on the common carrier principles, nobody should have to follow
US law based on a domain name, web & mail hosting are a different
story, and some tlds are outside the US (and since OpenNIC isn't a
nonprofit, it would kinda fall on the servers owners individually.


On Tue, Sep 20, 2011 at 5:34 PM, Psilo <dns AT psilo.org> wrote:
> I am seeing a lot of interesting points in this thread.
>
> First I would like to apologize about the emphasis I put on my first e-mail.
> It was a little bit aggressive.
>
> About the TLD charters, it seems a bit more complicated than I thought.
> There are several countries involved: USA as the official OpenNIC home land
> (I guess), the TLD manager's country, and the domain registrant's country.
> Maybe the registrant has to respect the laws in all these countries, but it
> looks complicated! I don't really know how to keep this simple.
>
> About the TLD suspension, as Julian asked, may I suggest the following
> rules. Please comment!
>
> *OpenNIC TLD suspension policy*
>
> *Rule 1* - A TLD suspension is the exclusion of the TLD from the OpenNIC
> network, due to the lack of respect of one or several rules of this policy.
> A TLD suspension requires a vote from the OpenNIC Tier 1 and Tier 2
> operators. If the suspension is decided, a grace period is determined by
> OpenNIC Tier 1 operators for the TLD to reintegrate the OpenNIC network. If
> the TLD manager is able to fix the problem during the grace period, then the
> TLD is reintegrated.
>
> *Rule 2* - If a TLD has not been reintegrated during the grace period, then
> the other Tier 1 operators can volunteer to host the TLD on their DNS. If no
> Tier 1 operator volunteers, then the TLD is deleted. If several Tier 1
> operators volunteer, then a public deathmatch is organized, where the last
> operator alive will obtain the TLD. Or the operators can discuss a peaceful
> agreement.
>
> *Rule 3* - A TLD manager should warn before a planned interruption of the
> TLD main DNS server, and if possible give an estimation of the interruption
> duration. Otherwise, if the TLD manager cannot be contacted to discuss the
> interruption, a suspension of the TLD can be considered after a period of 15
> days.
>
> *Rule 4* - A TLD should host at least one registered domain, serving other
> purpose than the TLD operations, with a DNS record pointing to a valid IP
> address. A TLD suspension may be considered if no domains are registered and
> valid for a period of 90 days.
>
> *Rule 5* - In case of emergency, OpenNIC should be able to contact a TLD
> manager by e-mail, and get an answer in a reasonable time. If OpenNIC has no
> means to contact the TLD manager, and a situation cannot be solved because
> of this after a period of 15 days, a TLD suspension may be considered.**
>
> Regards,
> Psilo
>
> _______________________________________________
> discuss mailing list
> discuss AT lists.opennicproject.org
> http://lists.darkdna.net/mailman/listinfo/discuss
>
>