The proposals put forward within the US have caused considerable concern, as we have highlighted in earlier commentaries. Not the least of the concerns expressed is that, in the eyes of some, the US proposals have apparently sought to retain effective control of the internet within the US.
The European Commission has highlighted this by stating its concern that the future management of the internet should reflect the fact that it is already a global communications medium and, consequently, of international interest.
In its response the European Commission have also highlighted other concerns that have been expressed about the future governence of the internet. These include:
- The need to develop a clear and consistent strategy for dealing with the potential conflict between domain name registration and trade marks, that also reflects the international scope of the internet.
- The need to address the potential adverse competition impacts of granting to or continuing the monopoly or quasi monopoly rights of IANA in terms of internet address numbering allocation and NSI in terms of the allocation of certain top level domain names (including the .com domain name).
- The desire to ensure that internet address naming and numbering systems allow for sufficient portability (ie that users are not tied to given ISPs) and scaleability (ie they allow for the expected growth in the number of users).
The European Commission has requested that multinational talks be entered into to resolve these and other issues. They have also suggested that no new generic top level domain names be created until an international accord is reached.
It is clear from the response of the European Commission and from other comments made on the US proposals that there are still a number of pretty fundamental issues relating to the control of the internet that need resolution. An International accord or treaty might well be the way forward in many instances. However, given the speed at which the internet is developing and at which new legal issues arise in relation to it, particularly compared with the time it is likely to take to get any international agreement, it seems probable that the uncertainty will continue for the short-term.
We await US reactions with interest.
This bulletin is correct to the best of our knowledge and belief. It is, however, written as a general guide; it is essential that relevant professional advice is sought before any specific action is taken.
Garretts is a member of the international network of law firms associated with Arthur Andersen and is regulated by the Law Society in the conduct of investment business.
