Domain ownership favors sovereign control

In the early 1980’s Jonathan Postel set forth the genesis of Internet domain classification by using the ISO 3166 standard, a global list of country names, as the basis for domain extensions. We’re also familiar with the dot-com and dot-net domains (such as bosslogic.com). Mr. Postel originally decided to use the ISO 3166 standard as a simple expedient to managing world-wide domain allocation.

More recently a number of fortuitously named countries have been gaining attention as their domain suffixes come into the spotlight. For example, the country of Tuvalu’s dot-tv extension has been the basis for a very successful alternative domain (you can lease your own dot-tv domain from the dot.tv registry). And, the dot-nu country code has recently become quite popular with Swedish customers because “nu” means “now” in Swedish. The domain is currently being managed by .NU Domain Limited, a firm that acquired the rights to manage the dot-nu domain in the late 1990’s. Founded by an entrepreneur in Medfield, Massachusetts, named Bill Semich, the company has plowed some of its profits into making Niue (pronounced New-Ay) the world’s first nation with free wireless Internet for its citizens. Niue’s current population is about 1,200 people.

As Internet visibility has grown dramatically over the past decade, previously uninterested governments are turning their eye toward what is arguably their property: The domain names that bear their country codes. The island government of Niue is pursuing its perceived property and is going head-to-head with .NU Domain Ltd., demanding a bigger slice of the proceeds and greater control over its domain management, according to a story in The Wall Street Journal. As Internet use explodes, countries are quickly perceiving their domain names as a significant source of revenue and a channel to connect them with the information-age revolution.

The tides may be to be turning in favor of sovereign government. Internet entrepreneurs, sometimes perceives as “squatters” on domains that where not originally created for their benefit, appear to be fighting a loosing battle. Recently the Cayman Islands gained control of its domain, resting control from an entrepreneur using the dot-ky domain to sell popular Kentucky domains. France has also passed legislation that legitimatizes its control of overseas French territories.

The Internet Corporation for Assigned Names and Numbers, ICANN, is the body responsible for managing domain name allocation and, ultimately, arbitrating any disputes such as these. While originally ICANN focused on transfer of domain control only when it was “in the best interests of the Internet community,” in a fairly recent turn of events, the organization has taken a stance that supports “sovereign control” of domain names.

Some other domains that could potentially face such issues include dot-la, marketed to Los Angeles residents and using the country code for Laos; dot-md, targeting medical clients by using Moldova’s country code; dot-co, frequently marketed as an alternative to the corporate dot-com domain, which uses Columbia’s country code.

The battle between .NU Domain Limited and the government of Niue seems to have died down, at least for the time being. It was a subject of hot debate during the recent elections for Premier in March of last year. The winner of the election, Mititaiagimene Young Vivian, has been much more accommodating toward .NU Domain Limited. Even so, Premier Young Vivian has said that he wants to meet with Mr. Semich soon. “The key issue is that reasonable benefits should come to Niue,” says Premier Young Vivian. “That is the goal of any leader.”