Posted by : trraju on Apr 13, 2004 - 06:45 AM WebTechnology

VeriSign, which runs the master directories for ".com" and ".net" addresses, is locked in a legal battle with the group that oversees the Internet addressing system. It's a court fight that could bring changes to how a core part of the Internet is regulated, legal experts said. VeriSign sued the Internet Corporation for Assigned Names and Numbers in federal court in Los Angeles in February, claiming ICANN has overstepped its authority in trying to regulate the Mountain View company's attempts to roll out new services. This week, ICANN filed a motion to have the suit thrown out.
ICANN was designated in 1998 by the U.S. government to oversee the domain name system. And VeriSign -- under contract with ICANN -- manages the master lists of ".com" and ".net" addresses, among other lesser-known names.

VeriSign sued ICANN for contract violations, arguing that the non-profit organization based in Marina del Rey lacks a clear process for approving new services proposed by the Mountain view company. These services include Site Finder, which directs users who mistype a Web address to a VeriSign site with possible valid alternatives. ICANN ordered VeriSign to suspend Site Finder in October, shortly after its launch, following complaints from the Internet community that Site Finder could disrupt the workings of the Internet.

Another controversial service that VeriSign claims was being held in limbo is Wait Listing, where people can sign up to buy domain name registrations once they expire.

VeriSign complains that ICANN is holding up approval of such services. "ICANN's ambition has exceeded its authority," said Tom Galvin, VeriSign's vice president of government relations.

ICANN declined to comment for this article. In its court motion to dismiss the lawsuit, the group says the dispute is over "the interpretation of a contract."

The legal battle renews debate over the scope of ICANN's authority and the way it operates. ICANN is often criticized for having an insular culture, and for not having a clear process in place for making decisions.

"There are a lot of businesses that want to see ICANN flourish," said Bradford Brown, chairman of the National Center for Technology & Law, part of the George Mason University School of Law in Arlington, Va. "But they just can't follow how ICANN decides things because there's not a process."

In the future, he said, the United States must also address ICANN's role as other nations attempt to have a greater say in how the Internet is governed, with some pushing for the United Nations to help oversee the Internet.

"A lot of it could get cleared up if the Commerce Department spelled out what the role of ICANN is," Brown said.

VeriSign has critics of its own.
The Internet Society, an international technical body, wrote in a September letter to ICANN that Site Finder was launched with "little or no consultation with the Internet technical community and without a thorough examination of how it might affect the stability of the Internet."

Also, some businesses have sued VeriSign and ICANN, claiming that Wait Listing is anti-competitive and unnecessary.

VeriSign said it first told ICANN of the Wait Listing service in about December 2001, but the service was held up. ICANN approved the service during its meeting in Rome in March, after VeriSign's suit was filed. Wait Listing still must be approved by the U.S. Commerce Department.

"I would not want to live in a world where VeriSign has the right to everything it wants with the `.com' domain names," said Harold Feld, associate director of Media Access Project, a Washington, D.C., legal advocacy group.

But, he added, VeriSign and others need to see a clear and timely process for making decisions.

"It's a really messy feud," he said.

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