FC: Eric Lee Green on what "cyber-libertarians" don't get

From: Declan McCullagh (declanat_private)
Date: Wed Dec 05 2001 - 14:12:54 PST

  • Next message: Declan McCullagh: "FC: ICANN replies to board member's attempts to review financial info"

    [Anyone want to reply? --Declan]
    
    
    ----- Forwarded message from owner-politechat_private -----
    
    From: Eric Lee Green <ericat_private>
    Organization: BadTux: Linux Penguin Gone Bad (http://badtux.org)
    To: politechat_private
    Subject: eResolution pulls out
    Date: Wed, 5 Dec 2001 14:52:07 -0700
    
    http://www.eresolution.com/pr/30_11_01.htm
    
    Domain name dispute resolution outfit eResolution has pulled out, saying that 
    the "shopping" provisions of the ICANN process inherently bias the process in 
    favor of outfits that blindly rubber-stamp the trademark owner's request for 
    the domain. Acknowledgement of the failure of the ICANN system is perhaps the 
    end of the cyber-libertarian's dream of an Internet governed by private 
    courts, rather than by government courts. 
    
    This also exposes one of the inherent flaws of private courts: specifically, 
    that they have a financial reason to rule one way or the other. There are 
    some groups, such as credit card and insurance companies, that have 
    specifically set up their own private courts (e.g. "National Arbitration 
    Forum") for exactly this reason after the government courts ruled against 
    them in fraud and financial misconduct cases. Do a Google search if you 
    wonder how their own private kangaroo courts rule. 
    
    http://www.google.com/search?hl=en&q=national+arbitration+forum+first+usa+99.6
    
    Government courts have their own flaws. But at least they don't have a 
    financial incentive to rule one way or the other. Free enterprise in the 
    courts business has been a staple of libertarian literature for years. 
    Unfortunately, the experience of the past 20 years of Supreme Court 
    revisionism regarding contract law and arbitration, with ICANN, NAF, and 
    others as examples, shows that it just doesn't work. The profit motive seems 
    to be inherently incompatible with justice.
    
    Eric Lee Green          GnuPG public key at http://badtux.org/eric/eric.gpg
               mailto:ericat_private  Web: http://www.badtux.org
    
    ----- End forwarded message -----
    
    
    
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