Internet & Society 2002 – Class 1

Zittrain: Hi. 

 A. This course = fun + no gut.  2 weeks ‘til invasion by hordes of MIT’ers.  Law schoolers.  FAS students. 

 B. Can we figure out what to do with Ethernet jacks? In-class polling.  This course about a sense of the possible futures of the Internet. 

C. Intros: Hal Abelson (MIT professor/troublemaker); me – Becca Nesson; Isaac Lidsky; Elizabeth Eaton; Amada Moger; John Palfrey.

 D. Other stuff: bring a laptop always if you can.  Class website <http://cyber.law.harvard.edu/is02>.  Rotisserie (see website). 

 E. Theory of the course.  Cyberlaw has no boundary. 

Step 1: All cyberlaw cases represent the Internet.  In the beginning everyone was happy on the net.  Everyone was happy off the ‘Net. 

Step 2: Some people got to be unhappy on the ‘Net.  Bad things happened to them.  Insulting email to a person.  Record companies are unhappy. 

Step 3: Some people are mad and won’t stand for it.  They use weapons: the Law, Lawyers. 

-Don Henley Christian thoughts site.  Poor guy threatened for using his own name with threatening legal jargon (questionable validity) letter.

Another weapon: Tech.  The rules don’t always apply to techies (because they can get around it).  They built the ‘Net. 

 E. What is the course about again?  Who would want to control behavior on the net?  What are the tools to do it?  Can the ‘Net itself be changed?

II. How the Internet, the web, domain names began. 

 A. A network – a way of two computers talking to each other. 

B. A numbering system - When there are more than two, assign each a unique number.  Packets may be sent to many, but computers “know” to ignore packets not for them.  (Some computers are “promiscuous” and look at packets not for them.)  We are running out of numbers, IPv6 will have enough for everything and everyone. 

C. A namespace - #s are hard to remember.  You want a mnemonic. There was “The List” with names connected to numbers.  This was good if your number changed, and good for remembering things.  BUT it didn’t scale.  The list got too big.  Too hard to lookup, to hard to add/remove/change.  Too many requests for same thing. 

 D. “They” – Some people decided to fix it.  Some guys in a room having fun with toys and gov’t grants??? Engineers.  Want a design where there is no doubt how networking will work: RFCs.

E. RFCs: RFCs, when final, determine how things will be.  No enforcement, just that everyone needs to do the same thing to make it work.  Example: all packets are equal.  Could use an RFC that deals with quality of service to make things that need priority, like streaming video.

F. The IETF: (Internet Engineering Task Force).  A bunch of guys (a few girls) who are engineers talking about stuff.  Not very easy to sue b/c no president.  Rough consensus, by hum.

G. The DNS: (Domain Name System). (In an RFC) How it works: 1) type domain name into your browser; 2) browser decides what is a domain name; 3) asks operating system to associate the browser with its IP address; 4) OS asks your ISP (usually – but cf. new.net – competing domain name system) Kazaa???  Duh; 5) ISP, looking for IP address, goes to root and asks where to find the list of .edu’s; 6) Then asks .edu list for stanford.edu, etc. etc.

This is totally distributed.  So no one at the root has to care when things are added out on the branches. 

H. Managing the root/Jon Postel: The IANA = Jon.  If you wanted IP #s or domain name, you went to Jon.  If you wanted a new TLD, you went to Jon.  (com, net, org, int, addr?, arpa, edu, gov, mil, info, biz…).  Jon was an unpaid martyr.  He was also the RFC editor.  Jon got bored and told the NSF to find someone else to do the job. 

I. Country codes: He created country codes, starting w/ .uk.  Didn’t want to get into foreign policy, so found a big list of countries.  ISO 3166-1. If you want a country code, you have to be on the ISO list.  .pl for Palestine given last year.  Big fight over Pitcairn Island because everyone on the island requested redelegation (by petition).  .tv Tuvalu. 

J. Postel cont.: He got NSI to manage .com, .net, .org.  Gov’t contract to manage .com, .net, .org.  NSI started giving out the names for free, first-come-first-served basis.  MCI got Sprint.com, Kaplan testing got Princetonreview.com.  Corporate America started to get head out of sand. NSI got the NSF to agree to making registering domain names a for-profit operation.  Registration only for 2 years for $70.  Then you have to re-register it (for another $35 per year).  They were making very big bucks even before the .com revolution. 

K. Some other people got mad.  People who wanted money.  People who’s names got taken (cybersquatting).  People who wanted new TLDs. 

L. What could/did Jon do?: whatever he wanted.  He realized situation was delicate. 

M. Root zone aside: Jon felt bad that the root zone was on his personal computer.  So he got NSI to manage the root zone file along with .com, .net, .org.  NSI -> :D.  12 backups as well. 

L. cont.  Jon convenes committee:  Internet International Ad Hoc Committee.  They produced the gTLD-MoU.  Sole purpose of gTLD-MoU was to confuse.  (hmm?)…..

M. Crisis: NSI said they wouldn’t do what Jon said anymore.  Jon not psyched. Jon redirects half of the root server operators (who have no contract and are buddies with Jon) to B instead of A.  NSI has a cow – calls FBI etc. etc.

N. Ira Magaziner (Clinton-ite): of the Commerce Department, steps in.  Took it from NSF to DoC.  Produces the Green Paper, and the White Paper.  A statement of U.S. policy.  U.S. gov’t attempt to put some stability into system that started informally and was having big problems just when becoming popular. 

O. White Paper: by fall of 98 a new organization should be created from the Internet community at-large to deal with the mess—deal with DNS policy problems.  Solicited many (one) proposals.

P. IFWP: International Forum for the White Paper.  NSI behind the IFWP?? See what we can get consensus on.  Consensus that new organization should be open, democratic, inclusive, transparent, fair….  Meanwhile, Jon makes bylaws for a new organization.  IFWP makes nothing but has lots of meetings.  NSI wrote IFWP community consensus bylaws.  Would Berkman Center introduce as “The Harvard Draft”?  Nope. 

Q. Big meeting planned by NSI: everyone but Jon would come.  Magaziner called Postel and NSI (+ lawyers) and told them to work it out.  (Meeting at Harvard proceeds without them – produces BWG and BWG bylaws). Produced joint bylaws from Jon and NSI.  Called it ICANN – Internet Corporation for Assigned Names and Numbers.  Magaziner gives it to ICANN  but says they have to make BWG happy by adding a membership. 

R. Jon dies.  Now U.S. government has no one to whom to say yes.  Joe Sims (Jon’s lawyer) filed the bylaws and named the Board.  They picked a chair (Esther Dyson) and then named Joe Sims ICANN’s lawyer.  They met in Cambridge, hosted by Berkman Center. 

S. Problems with DNS:

-       NSI has too much power/money, others want in.  DoC talks to them and creates a distinction between registries and registrars.  Registry actually keeps the list.  Registrars actually talk to people and then register the name with the registry.  Fee down to $18 for names (when registrar pays registry).  Registrars can charge any amount they want. (NSI is both Registry and a Registrar.  They add a bunch of new registrars). 

-       ICANN comes to oversee the agreements instead of the U.S. gov’t.  (U.S. gov’t control annoyed other countries.) 

-       Cybersquatting – ICANN establishes the UDRP (uniform dispute resolutions policy).  By registering a domain name you agree to the UDRP arbitration procedure to settle disputes about this.  No specific jurisdiction.  Based on contract. 

-       Expanding the namespace – many countries taking generic registrations.  Some new TLDs approved.  Proposals and $50,000 taken and 7 new tlds added.  

III. Questions:

 A. ??: Who got .info?

-       Afilias (owned by NSI and Register.com).  Other companies got other ones. 

-       Sunrise period so that TM owners could get in line first.  People claimed copyright in words like “earth” and “science”.  People outraged.  Now you can challenge the sunrise registrations. 

 B. ??: How do new registrars make money?

-       They charge a markup.  But some of them don’t.  It’s a bad business. 

-       NSI has to actually has to pay the wholesale price to themselves.  (Actually they had to split into two companies, at least officially). 

C. ??: Is a registrar obligated to renew the contract after two years?  Can they auction it off? 

-       They aren’t allowed to do that sort of thing.  It is all in the contracts.  Much of it hasn’t been tested. 

-       John P: NSI supports auctions so that if you want to auction your name, you can put it into an auction directly after buying it or if a registered name becomes unregistered. 

D. ??: Is NSI a public company? 

-       Used to be owned by SAIC.  Made 20% of it public.  Made lots.  Then they got bought by Verisign.  Verisign is publicly traded. 

E. Jake Shapiro: What happened to membership? 

-       There is still nothing much doing.  There are 5 “At Large directors” on the board, elected online (the African director by only ~63 votes)

-       A lot of people continue to fuss about it. 

-       ICANN doing a study to see whether membership should still exist. 

IV. What is governing the Internet?  Who is in control?  How should it be governed? 

A. Engineers deciding on technical merits no longer works when there are policy issues. 

B. ICANN “technical coordination” of the Internet. 

V. Welcome.  <http://cyber.law.Harvard.edu/is02>