New York, March 22, 2006 (CW) Bell South and AT&T, two of the remaining Baby Bell or "iLec" companies announced today, in conjunction with GoodPackets Inc., a program to charge senders for certified delivery of internet packets to their ISP customers.

William Smith, CTO of Bell South, together with AT&T CEO Ed Whitacre, who will be his new boss once the proposed merger is completed, made a joint announcement of the program together with Dick Greengrass, CEO of GoodPackets.

I wrote an essay here a year ago on the internet cost contract and how it was the real invention (not packet switching) that made the internet. The internet cost contract is "I pay for my end, you pay for yours, and we don't sweat the packets." It is this approach, not any particular technology, that fostered the great things that came from the internet. (Though always-on also played a big role.)

Of late there's been talk of ISPs somehow "charging" media-over-IP providers (such as Google video) for access to "their" pipes. This is hard to make sense of, since when I download a video from a site, I am doing it over my pipe, which I have bought from my ISP, subject to the contract that I have with it. Google is sending the data over their pipe, which they bought to connect to the central peering points and to my ISP. However, companies like BellSouth, afraid that voice and video will be delivered to their customers in competition with their own offerings, want to do something to stop it.

To get around rules about content neutrality on the network that ILEC based ISPs are subject to, they now propose this as a QOS issue. That there will be two tiers, one fast enough for premium video, and one not fast enough.

Today I've seen comments from Jeff Pulver and Ed Felten on possible consequences of such efforts. However, I think both directions miss something... (read on)

There's talk that in the battle between the USA and Europe over control of ICANN, which may come to a head at the upcoming World Summit on the Information Society in Tunis, people will seriously consider "splitting the root" of DNS.

I've written a fair bit about how DNS works and how the true power over how names get looked up actually resides with hundreds of thousands of individual site administrators. However, there is a natural monopoly in the root. All those site admins really have to all do the same thing, or you get a lot of problems, which takes away most of that power.

Still, this is an interesting power struggle. If a large group of admins decided to switch to a new DNS root, different from ICANN, they could. The cooperation of Microsoft, which includes the default root list for IIS, and Paul Vixie, who puts that list in BIND, would play a large part in that as well.

In fact, many times in the past people have split the root by creating alternate, "superset" roots which mirror the existing .com/.org/.net/etc. and add new top level domains. Some of these have been "innocent" efforts frustrated at how slowly ICANN had created new TLDs, but in truth all of them have also been landgrabs, hoping to get ownership of more generic terms, furthering the mistake that was made with .com. ICANN is also furthering the mistake, just more slowly. (The mistake is ignoring what trademark law has known for centuries -- you don't grant ownership rights in ordinary generic terms.)

All of these superset attempts have also failed. I don't think I have ever seen anybody promote a URL using one of the alternate root TLDs, or give me an email address from an alternate root TLD. I consider that failure.

This is, of course, what creates the natural monopoly. Few people are interested in setting it up so that two different people looking for a domain get different results. That applies to the fact that most people get an error for www.drug.shop (in the new.net alternate TLDs) and a few get the registrant's site, but it applies even moreso to the idea that Americans would get one answer for foo.com and Europeans a different one.

Because of this, Larry Lessig recently suggested he wasn't worried about a root split because there would be such strong pressure to keep them consistent.

The difficulty is, what's the point of creating your own root if you can't actually make it any different from the original? The whole point of wanting control is to have your way when there is a dispute, and to have your way does not mean just doing it the same as everybody else lest we get inconsistent results.

It's possible that a group of nations might try to wrest control in order to do nothing at first, but eventually create a superset of TLDs which would, for the first time, be a success. That might work, since if all the nations of the world except the USA were to go to a new root set, it would be hard for the private individuals in the USA who control name servers not to follow. But then the new group would no doubt attempt at some point to issue policies for the existing top-level-domains and country code domains.

ICANN is pleased to announce that the independent evaluation process, which began last year, has resulted in a further sponsored Top Level Domain (sTLD) application moving to the next stage.

As the process for selecting new sponsored Top Level Domain (sTLDs) continues from a pool of ten applications, ICANN has now entered into commercial and technical negotiations with an additional candidate registry, ICM Registry, Inc, (.POLINC).

The .POLINC top level domain will be a voluntary arena for sites that wish to express ideas that are politically incorrect or inflammatory. Sites that promote ideas including racism, homosexual advocacy, embryonic stem cell harvesting, creationism, evolutionism, opposition to the war in Iraq, defence of the liberation of Iraq and other topics that are inflammatory can voluntarily register in the .POLINC domain to make it clear what sort of material can be found on the site.

"We're not trying to suprise anybody with the fact that our sites have unpopular an inflammatory opinions on them," said Brad Templeton, Chairman of the www.eff.org web site notorious for its opposition to the surveillance tools the Justice Dept. says are needed for the War on Domestic Terror. Templeton also operates the www.netfunny.com site, which contains jokes, some of which lampoon stereotypes of all manners. "By giving us our own domain, people will know exactly what they are getting. Our views are for adults. We're not trying to push them on kids."

Operators of .POLINC domains believe that by using this domain, they will have an answer to any user who complains about finding their material on the internet, in particular parents who don't want their children exposed to highly radical views. Internet filtering software, commonly sold to parents, schools and libraries, will be able to easily and reliably block access to .POLINC sites by children and library patrons.

...

I have written before about what a terrible idea it is to generate top level domains that are generic, and have a meaning, because they create artificial monopolies over real words and generic terms, something even trademark law figured out was stupid centuries ago.

Now ICANN has gone one worse and annouced that a .XXX domain is underway. It is also talking about TLDs for jobs, and travel as well as .CAT, .POST and .MOBI.

There has been some discussion of the generic domain proposal on slashdot (alas mostly incorrect because they didn't read the underlying essays.) The posting here was also posted on
CircleID a DNS discussion site, and there are multiple comments.

You may have seen a new proposal for a "mobile" top-level domain name for use by something called "mobile users" whatever they are. (The domain will not actually be named .mobile, rumours are they are hoping for a coveted one-letter TLD like .m "to make it easier to type on a mobile phone.)

Centuries ago, as trademark law began its evolution, we learned one pretty strong rule about building rules for a name system for commerce, and even for non-commerce.