Here we go with the InterNIC. I've been a longstanding cheerleader for the NIC, but I have to put all of that aside on this one. Today, without notice, the InterNIC turned "off" the domain name NASA.COM, a domain which had been registered now for over two years. In the letter that follows, the InterNIC claims that the registration of NASA.COM violates the Space Act of 1958. The Space Act of 1958, which is found at http://www.hq.nasa.gov/office/pao/History/amendact.html , states: ------------------------------------------------------------------------------- Sec. 310. (a) No person may...knowingly use...the letters 'NASA'...as a firm business name in a manner reasonably calculated to convey the impression that such firm or bueinss has some connection with, endorsement of or authorization from, the National Aeronautics and Space Administration...or...use (the NASA ackronym)...with any product or service being offered...to convey (endorsement or affiliation with the National Aeronautics and Space Administration). (b) Whenever it appears to the Attorney General that any person is engaged in an act or practice which constitutes or will constitute (a violation of the above), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. ------------------------------------------------------------------------------- Clearly NASA.COM and its content (which had nothing to do with space) was not violating the Space Act of 1958. I'm extremely disappointed. The action taken by the InterNIC also violates their own dispute policy, found at ftp://rs.internic.net/policy/internic/internic-domain-6.txt . Revision 02, effective Sept 9 1996, quoted: ------------------------------------------------------------------------------- - Second-level domain names are registered on a first-come, first-serve basis. ------------------------------------------------------------------------------- .. NASA.GOV was registered on Jan 7, 1986. NASA decided at that time that GOV was the most appropriate domain name, and chose NOT to register NASA.COM. This was over nine years ago. .. NASA.COM was registered on June 25, 1995 - over two years ago. A domain name existed for over two years, and after ONE DAY the InterNIC pulls the plug. No dispute policy. No questions. domain policy paraphrased: ------------------------------------------------------------------------------- 4. Revocation. Registrant agrees that Network Solutions shall have the right in its sole discrection to revoke a Domain Name from registration UPON THIRTY DAYS PRIOR WRITTEN NOTICE, OR AT SUCH TIME AS ORDERED BY A COURT... ------------------------------------------------------------------------------- .. Again, NSI violating its own policy. ------------------------------------------------------------------------------- 5. Third Party Dispute Initiation. Registrant acknowledges and agrees that Network Solutions CANNOT ACT AS AN ARBITER OF DISPUTES ... ------------------------------------------------------------------------------- .. (except when they feel like making exceptions). .. NSI also states throughout section 6 of the dispute policy that it will request information and wait 30 days upon any formal complaint. The letters that NSI received were dated July 10 and 11, respectively. They didn't even *bother* to ask. The slide at http://rs.internic.net/presentations/dont/dcisoc/tsld015.html clearly states that a domain name has value and that the policy buys time for dispute resolution. The InterNIC played Judge, Jury and Executioner in this highly irrational and ill-thought move. I welcome comments. Here is the letter sent from Dave Graves. Dave Graves' title is listed as "Contracts Administrator" in NSI's IPO filing. It is listed as "Business Manager" in "THE" 1995 press release announcing the $50 annual fee.

---------- Forwarded message ---------- Date: Fri, 11 Jul 1997 16:24:34 -0400 From: "Graves, Dave" <GravesD@US-Herndon-NSI.mail.SAIC.com> To: "'operations@host.net'" <operations@host.net>, "'hostmaster@host.net'" <hostmaster@host.net> Subject: Domain Name NASA.COM

July 11, 1997

SENT VIA EMAIL operations@host.net <mailto:operations@host.net> AND hostmaster@host.net AND FEDERAL EXPRESS

The Epicenter Network 1344 Broadway, Suite 211 Hewlett, NY 11557

SUBJECT:Domain Name NASA.COM

Dear Domain Name Registrant:

Network Solutions, Inc. (Network Solutions) is in receipt of a July 10, 1997, notice from the National Aeronautics and Space Administration (NASA) regarding your registration of the domain name NASA.COM. NASA has alleged that Network Solutions is "aiding and abetting this registrant to maintain [your] domain name registration", and has demanded that Network Solutions "cease and desist allowing the registration of the Internet domain name NASA.COM." A copy of NASA's letter is enclosed for your information.

As the registrar of domain names, Network Solutions has neither the knowledge of, nor the authority or responsibility to police the content of registrants' web sites. Accordingly, Network Solutions has no comment upon, nor does it consider relevant, NASA's demand as it pertains to the content of your web site.

Network Solutions is seriously concerned, however, that The National Aeronautics and Space Act of 1958, as amended, clearly prohibits the knowing use of the letters "NASA" in connection with a product or service "in a manner reasonably calculated to convey the impression that such product or service has the authorization, support, sponsorship, or endorsement of [NASA] which does not in fact exist." The enclosed letter clearly sets forth NASA's opinion that the registration and use of the domain name NASA.COM, without the authority or approval of NASA, constitutes a violation of United Stated federal law. See 42 U.S.C. 2459(b).

In addition, Network Solutions is in receipt of a July 11, 1997, letter from the Federal Trade Commission (FTC) regarding your registration of the domain name NASA.COM. The FTC holds the opinion that the "continued registration and use of NASA.COM . . . in [its] current format is likely to mislead consumers in violation of the Federal Trade Commission Act." It is also the FTC's opinion that "it is inappropriate and perhaps unlawful for [Network] Solutions to continue to provide domain-name assistance to [the registrant], knowing that current use of [this name] likely violates federal law." A copy of the FTC's letter is enclosed for your information.

Network Solutions neither violates federal statues, nor acts in any manner which does, or creates the appearance that Network Solutions aids and abets such violations. Accordingly, in response to the notice provided in the enclosed letters and upon advice of counsel, Network Solutions is immediately deactivating the domain name NASA.COM.

Sincerely,

David M. Graves Internet Business Manager

Enclosures (with Federal Express only)

Cc:Philip Sbarbaro, Esq. (w/o enclosures) Alan Kennedy, Esq. (w/o enclosures) Paul Luehr, Esq. (w/o enclosures)

-- jamie g.k. rishaw dal/efnet:gavroche Internet Access Group 'whois JGR2' for PGP keyID/Fingerprint __ Network Operations/TSD DID:216.902.5455 FAX:216.623.3566 \/ 800.637.4IAGx5455 "The machine's fine. It just doesn't work." -dan@nic.net