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MAIN STREET

_______________________________________________________________________________________________________________________________________
  THE UNITED NATIONS, IANA & THE TALIBAN DECREE   (c) Carrie Devorah:         
          
_______________________________________________________________________________________________________________________________________
                                                                  

It was one of those accidental discoveries that comes through working hard to find an answer just like Forest Gump’s ‘Boxa chocolates’ that one never knows what they are ‘gonna get’ until a bite is taken.

I bit. Now I can put IANA, the UN and Taliban in one sentence, oh, and the year 1992.

ICANN was not started until 1998.

Google was not founded until one month later.

Somewhere, somehow, Stanford University stayed relevant to Google even through 2015. Stanford is going for more of other people’s property, Arts Content, using the Copyright Office to get the Google agenda done.

The United Nations is a behemoth that makes no sense. UN.org is not listed with the IRS as a charity. It has to be. The United Nations is a business league, more correctly, it was a re-do of the failed League of Nations. The League of Nations’ Miss America speech was to bring world peace and end wars.

The UN has a lot of letters behind its name, things like NGO, WIPO and UNDP. It wants IANA and ICANN too. Sad as it will be for world stability to let IANA go out from United States control, things Vint Cerf said impresses the deal is done, that the world is audience to the world stage motions.

The UN office that came in to concern is the UNDP WRO, the United Nations Development Programme Washington Representation Office. The UNDO role is to “act as a liason between UNDP and the US Government, think tanks, non-government organizations (NGOs), academic diplomatic and media communities.”

The UNDP implements programs in 177 countries. One of those countries is not Israel.

The UNDP main sectors to its program focus are (i) Crisis prevention and recovery (ii) Democracy and Good Governance (iii) Poverty reduction and (iv) energy and the environment, yet, the UNDP manages the US $4 billion dollar Multi-Donor Trust Funds and joint programs for the UN. The UNDP maintains the “human development index” which measures life expectancy, education and income, sorta like an international balance sheet. The UNDP issues “Human Development Reports.” The HDR’s are like scorecards on rules of law, water scarcity and anti-corruption. One has to ask if the HDR has an OIG. OIG stands for Office of Inspector General, an inside the organization self-investigating top cop.

This “Multi-Donor Trust Funds and joint programs for the UN” are supposed to be in support of “humanitarian, post-crisis and development activities around the world.”

State Department gave the UNDP an “UN Transparency and Accountability Initiative” excellent rating for UN alleged transparency of global programs. State’ former legal advisor Paul Clayman became the UNDP officer in charge. Clayman is one of those DC people who never manages to leave. Clayman worked as Chief Counsel to the Senate Foreign Relations Committee, prior he consulted for the Stimson Center, USAID and House of Representatives. Clayman is a graduate of AU, American University. UNDP’s communications specialist worked her way through various UN organizations in over 50 countries including Afghanistan.

Not surprising.

It appears the UN has been in bed or embed in Afghanistan in ways one would not normally think. The UN Development program, it appears has been controlling the Afghanistan Internet since 1992.

1992 is 6 years before ICANN, the Internet Corporation of Assigned Names and Numbers was even formed. 1992 is just before Bill Clinton became the 42nd President of the United States. It is the year 1992. Europe breaks down trade barriers; Princess Sarah Ferguson wears paper bag over her head on airline ride; Bruce Springsteen begins a world tour and "Man of La Mancha" closes at Marquis Theater NYC after 108 perfs. The world was looking elsewhere. The Internet wasn’t even a blip on the screen of most people’s radars, so to speak, other than selected academic institutions and military.

It should have been on radars.

2002 was a year when Afghanistan’s infrastructure was being rebuilt. The UNDP and the Ministry of Communications along with the Afghanistan Aid Coordination Agency decided it was time to bring the country code Top Level Domain .af back to Afghanistan. The Islamic Transitional Government of Afghanistan, the non-government organization community, national groups, people and, the “UN Family of Agencies said not having the ccTLD was hurting Afghanistan to rebuild. Talks about this “local internet community” were taking place down at the US Department of Commerce. DOC is the government agency overseeing the contract for IANA, Internet of Assigned Names and Numbers, the numbers you give warm, fuzzy website names to before you then rent that name as long as payments are made.

Marc Lepage, UNDP ICT Programme manager was appointed to be the “technical management Focal Point” and the UNDP Afghanistan Country Director.

The Islamic Transnational Government decided to delegate technical management of .af ccTLD to the United Nations. At least, that is what the ‘formal’ IANA papers wanted people to know of the redelegation request attachment. What this means is what it says that the UNDP aka the United Nations was going to (i) develop the policy framework for administering the .af country code ie. Rules governing operating the second level domain registries, creating second level domains, governing who the registrars and registry administrators would be and governing names. The 8/2002 agreement also did say it would follow international IP rights with regards to domain names, and it would follow the 3 character naming practices under secondary domain names such as gov, edu, org and net.

Interesting. The lay of the domain land has changed. ICANN, the contractor of the Department of Commerce, non-competitive it seems, has rolled out thousands of TLD’s, top level domains, in the past 2 years. Now what.

Well, the RFC, Request For Comment, said the “principal purpose for letting the UNDP administer the domain was “to liase with national and international bodies on issues relating to the development and administration of domain name systems” and manage the Afghanistanian critical operations, and a few other things.

Noticeably absent, from this 8/2002 memo, are the words “Taliban.” The word “Taliban” in the August 2001 memo. That memo was called the “Taliban Decree.”

3/21/2001, the National Institute of Standards and Technology, NIST, issued a Supplies or Services order to Marina Del Ray based ICANN, the Internet Corporation For Assigned Names and Numbers. Order No. SB1335-01-W-0650, Requisition Reference No. 01-909-0051 was a 0.00 contract, renewed from 4/1/2001 – 3/32/2002. NTIA.909.00 was the requisitioning office. Joseph Widdup was the contracting officer.

The contract between the US Government and ICANN spelled out details. 2.1.1.5 “Performance Exclusions” states, “This purchase order, in itself, does not authorize the Contract to make substantive changes in established policy association with the performance of the IANA functions. Procedures for policy development will remain the subject of a Joint Project Agreement entitled “Memorandum of Understanding Between the US Department of Commerce and Internet Corporation for Assigned Names and Numbers” dated 11/25/1998, one month after Google was formed, two months after ICANN was approved by President Bill Clinton as the Newco that would become responsibility for IANA.

The agreement said, “To the extent those policies require alterations in the manner in which the IANA functions are performed, those alterations may be implemented upon mutual agreement of the parties.” ICANN was supposed to produce every 6 months for the COTR, Contracting Officer’s Technical Representative, a performance progress report containing “statistical and narrative information” on the IANA functions. The COTR worked at the NTIA, located in DC on Constitution Avenue. Each time a contract award ran out, a Final Report on the performance of the IANA function was to be turned in within 30 days. The report was supposed to document their operating procedures. The report was to describe the “techniques, methods, software and tools employed in the performance of the IANA functions.” Concurrently, there was a cooperative Agreement, NCR-9218742, between the Department of Commerce and Network Solutions.

Only the contracting officer could make changes to the Contract. The COTR had to authorize changes. The Contract had to comply with the FAR, Federal Acquisition Regulation.

Clause 15. 52.217-9 Option To Extend The Term Of the Contract (MAR 2000) (c ) states, “The total duration of this contract, including the exercise of any options under this clause, shall not exceed 24 months (End of clause).

ICANN has held the contract since 1998.

The Taliban decree said “All Islamic Emirate of Afghanistan administration, non-Emirate institutions, foreign and local NGOs and individual people cannot use the Internet on the territory of the IEA.” The Ministry for Communication explained they needed a way to technically and professional stop use of the Internet. Abusers are warned the Ministry for Promotion of Virtue and Prevention of Vice was going to prosecute violators imposing religious punishment on them. Emirate institutions, “independent general presidencies”, ministries and others wanting to do official work through Internet were going to have to apply by fax or telephone to the Islamic Emirate of Afghanistan office in Kandahar. The IEA would approve on a case by case basis. All others would be refused.

8/10/2002 the new Minister of Communications Mohammad Massom Stanekzai, from the Islamic Transitional Government of Afghanistan said this office was mandated to “lay the foundation and sees the provision of Internet services and its corollary, the establishment of the ccTLD as a key activity for our country.”

10/1997, before ICANN existed, IANA delegated the .af ccTLD registry to Abdul Razeeq of Kabul. Razeeq was the administrative contact. The technical contact was Hostmaster, Netnames of London. Netnames took on performing the technical functions temporarily until Afghanistan could set up its own, intenral registry operation. Afghanistan’s civil war was said to challenge Razeeq’s ability to be contacted. Contact was needed to run the registry.  Netnames lost contact with Razeeq in 2000. Netnames tried to reach Razeeq by phone, by mail and email. Netnames could determine where Razeeq was dead or alive.

8/2001, the Taliban forbade non-governmental use of the Internet inside Afghanistan. 11/13/2001, the United Nations sponsored talks in Bonn, Germany bringing Taliban opponents to the table. The United Nations established an interim Authority 12/22/2001. Nine days later, the United Nations Development Programme, UNDP, Chief of the Office of Information Systems and Technology, Lawrence Yeung, contacted IANA, according to IANA reports. Yeung told IANA the UNDP was going to “assume the administration of the .af registry. International organizations and NGO’s had Internet links in Kabul. IANA reported it confirmed the Afghanistanian Interim Authority had Afghanistan support to re-activate the .af registry. The UNDP said its role in Afghanistan’s internet was going to be temporary through the transition. IANA worked with the UNDP  to restore DNS service with the end goal of shifting technical operations within Afghanistan “when feasible and appropriate.”

6/2002, governmental responsibility of the Interim Authority was assumed by the Islamic Transitional Government of Afghanistan.

2002 is the year that IANA was asked to redelegate Afghanistan’s country code Top Level Domain, .af. Mohammad Masoom Stanekzai, the ITGA Minister of Communications described, in a letter, the Afghan Internet community to give the government Internet access. Servant of Islam, Amir-il-Momineen Mullan Mohammad Omar Mujahid signed the Taliban Decree.

Redelegations must be compliant with RFC 1591 issued 3/1994, adressing “Domain Name System Structure and Delegation.” The RFC, Request For Comments, said “These administrators are performing a public service on behalf of the Internet community.  Descriptions of the generic

domains and the US country domain follow.” The RFC said, “Also mentioned are concerns raised when it is necessary to change the delegation of an established domain from one party to another.

A new top-level domain is usually created and its management delegated to a "designated manager" all at once.” The RFC written by Jon Postel said, “The designated manager is the trustee of the top-level domain for both the nation, in the case of a country code, and the global

Internet community. Concerns about "rights" and "ownership" of domains are inappropriate.  It is appropriate to be concerned about "responsibilities" and "service" to the community.”

Postel was adamant, “This means that the same rules are applied to all requests, all requests must be processed in a non-discriminatory fashion, and academic and commercial (and other) users are treated on an equal basis.  No bias shall be shown regarding requests that may come from customers of some other business related to the manager -- e.g., no preferential service for customers of a particular data network provider.  There can be no requirement that a particular

mail system (or other application), protocol, or product be used.”

ICANN said the ccTLD manager had to (i)contribute to ICANN’s cost of operation in accordance with an equitable scale, based on ICANN’s total funding requirements including reserves and (ii)reside in the territory of the Delegated ccTLD during the entire period he or she is delegated as such.” The IANA approved Marc Lepage of the UNDP as the .af technical contact.

The “choice of law” that the Islamic State of Afghanistan agreed to be bound to were the laws of the State of California. The Islamic State of Afghanistan was represented by Stuart Lyn, President and CEO of Ministry of Communications, Islamic Transitional Government of Afghanistan.

Jon Postel’s RFC was very clear about Trademarks. Jon Postel, the ‘father of IANA’ wrote,
“
4. Rights to Names 1) Names and Trademarks          
In case of a dispute between domain name registrants as to the rights to a particular name, the registration authority shall have no role or responsibility other than to provide the contact information to both parties. The registration of a domain name does not have any Trademark status.  It is up to the requestor to be sure he is not violating anyone else's Trademark.”

Primary to Jon Postel was “the interests of local internet communities are well served.”


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