Domain Name NASA.COM

Sat Jul 12 07:36:01 UTC 1997

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 at US-Herndon-NSI.mail.SAIC.com>
> To: "'operations at host.net'" <operations at host.net>,
>     "'hostmaster at host.net'" <hostmaster at host.net>
> Subject: Domain Name NASA.COM
>
> July 11, 1997
> 
> 
> SENT VIA EMAIL operations at host.net <mailto:operations at host.net> AND
> hostmaster at 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 at nic.net