Saving the Domain Name System : A Real Alternative

[Picking the wrong fight : in defense of Network Solutions]

The following proposal is based on a feature I wrote for this site a few weeks' ago. This feature has garnered a good deal of response, and I have accordingly made a certain number of changes and simplifications to the content. In short, there is no need to expand the domain name system. Instead, the following changes will solve the problems associated with the current system.

This proposal contains seven points, which are symbolized by the seven gems in the logo at right. Please place the logo on your site and invite people to sign the petition!

1) Doubling of annual maintenance charge
The annual maintenance charge for domain names should be doubled from $50 to $100, with the first 2 years payable in advance. This would deter speculators holding dozens or hundreds of domain names, while causing relatively little harm to individual domain name holders.

2) Policy changes
The existing payment policy should be changed to require payment in advance, upon initial domain name registration and domain name renewal. This will deter speculators who rely on the long "grace period" under the current system.

3) Public awareness and public accountability
Public awareness should be increased by promoting domain names and the domain name system, in simple terms. At the same time, public accountability should be increased by mandating that registrars [such as InterNIC and the various country NICs] must make public their accounts containing details such as the number of domain names registered and the amounts received.

4) Complete liberalization of .org and .net domains
The .org and .net domains should be fully liberalized, acknowledging the existing ambiguity of InterNIC's policy towards those names; these names would be placed on an equal footing with .com names. These names would be made available to all parties as long as no intellectual rights are infringed.

5) Formation of new body to handle intellectual property disputes An international body should be formed to handle intellectual property disputes according to a rapid, rigidly defined process. Trademark holders and parties with similar valid claims to given domain names, no matter the country of origin of such claims, should be given priority for domain name issuance. However, when two or more parties possess valid claims for a given domain name, such as conflicting trademarks issued in different countries, the domain name rights should remain with the original registrant. First come, first served in other words. Subsequently the parties could negotiate privately some form of agreement to resell the domain name, but this would be left up to market forces. Retrospective claims should be outlawed i.e. a party cannot apply for a trademark after a domain name has been issued to a different party, then parlay that trademark into a ruling that the domain name must be handed over.

6) Simplification of domain name transfer process
The transfer process for domain names should be simplified. Speculators and other parties willing to abide by the new more stringent requirements should not be penalized in attempting to profit from domain name sales. Domain names should be recognized as a commodity, and as such, as having a value set by the market and the laws of supply and demand.

7) "Capping" of transaction fees
An international body should be set up to determine the "appropriate price" of a domain name registration. This should be based on the costs that would be incurred by the registry in charge of administering the name, factoring in charges for infrastructure expansion and improvement, plus a fixed profit margin.

The above changes would curb domain name speculation, protect the rights of trademark holders and domain name owners, restore confidence in the system and put it on a more official, sounder footing. They would also ensure that no significant damage is done to domain brokers, registrars, owners and other parties with a vested interest in the domain name system.

[Please sign the PETITION!]