Business Confidential Attorney-Client Privileged

Comments on the Improvement of
Technical Management of Internet
Names and Addresses by the
©ASTI Foundation, Inc.

I
Preface

1. The United States and much of the civilized world are now at several cross-roads--- that are intellectual, technological, legal, commercial and critical --- regarding what is now referred to as the "World Wide Web," the Internet and its equivalent now and in the future.

2. The role of the Internet as it stands is unclear, on one hand it is an information tool unmatched in breadth and scope that can contribute to the advancement of civilization, education science, and legal commerce. On the other, there are drug dealers, mobsters, con men, and other assorted criminals of the planet using it as a secure way to send messages and make arrangements for their crimes. As a tool of information it has no rival, several sets of new and old encyclopedias still could not match the amount of information available on the 'net. As a marketing platform it is equally unparalleled at reaching vast audiences and giving the viewer specific information~ advertisements, truthful insight or sadly even propaganda or hypnotic brain-washing that might appeal to some or be engaged in by some.

3. There are a few things that could make the Internet much more a part of our daily lives and much more useful to John Q. Public, as well as the technophiles and technophobes alike. Something to consider is making access to the Internet free to citizens. This would allow everybody to have access if they so choose to, making it possible for e-mail and electronic documents to replace "snail-mail", the advent of digital signatures even makes it possible to do away with "signed and sealed" papers. Every citizen may or should be given an IP address that is as unique as his or her own street address, telephone number, name and passport or social security number or equivalent.

4a. There is a shortage of available domain names at the present, which is why the expansion of top level domains is being considered at this time. For private citizens there might be a top-level domain of .cit, or .nom; for businesses there might be an extension .bus or .frm.

4b. One might also consider expanding the first extension from www. to something like prv. or cit. for citizens and bus. or com. for businesses that wish to be found on the web. There are already a few relatively rare beginning extensions such as ftp. and further extensions should present no problem in the future.

Sa. With more and more people going on the Internet daily, there is a desperate need for more bandwidth, faster lines and more stable connections. All of these factors contribute to the lag-time noticed by users even with the newest 56k modems. The public that already uses the Internet and pays for it, is noticing that the sites and pages are becoming rich with content and graphics, which all take longer to download than text. This can be anything from a picture of the Mona Lisa, to a wiring diagram for the latest black box capable of overriding the Phone Company's network of switches and digital equipment. There is also a great need to move the primary way of connecting to the Internet from the old dial up type, which causes slowdowns in the phone equipment and accordingly slow-downs on the Internet.

Sb. The true battle is going to be making sure that modem speed is not an issue any more. As it stands if you have a 14.4 modem, which only a few years was considered fast, you will have little or no chance of getting to a busy or popular site, and forget trying to download anything, it just won't happen. Additionally most Internet Service Providers (ISPs) do not have enough bandwidth to supply their customers with speedy connections and most of their systems have too many users on at the same time, so that even if they have the bandwidth they can not use it, because their systems are overloaded.

6. Crime is something that we have been battling for millennia, with the coming of the computer age and free access to information that previously was arcane and hard to find. Unfortunately, more and more everyday people knowing how to build bombs, poison gases, deadly viruses and bacteria and of course the ever popular nuke. It is just a matter of time before someone unstable enough to use this information in a way that positively frightens the FBI, CIA, NSA and others, puts it to use for criminal gain. Picture New York being held for ransom, by a pathological person like Sadaam Hussein located halfway around the globe, with the ability to unleash 2 cubic feet of Ebola gas in the heart of the city. The death toll from the winds spreading it around would be astronomical. This is a reality the governments of the world will have to face contemporaneously with web site and e mail policy-making, etc.

7. Technology advances will continue to improve real-time communications among local communities and the global society around the world. It is also important that NTIA facilitate the incorporation of innovations as they become available and tested as reliable and dependable. etc.

8. There must also be expeditious coordination by NTIA and ITU forums and others to satisfactorily address all of the concerns and opportunities that nation-wide/world-wide availability of the Internet and web site type services and locatability presents, etc. In this regard the ASTI Foundation has also formulated an innovative and unique program management plan and milestones addressing enhanced distributed link-state exchange procedures and others that can accomplish placing agenda items related to the Internet on an accelerated schedule of review and implementation; that properly and fairly strengthens the position of the United States as a world leader in this current wave of technology, which is reaching into all corners of the world as orbiting satellite broadcast technology did in the 1970s and 1980s

II

American and European Economic Community [EEC] Antitrust and Anti Monopoly Decisional and Policy Precedents Should Also Be Considered and Appropriately Utilized in Policy Making, Procedures, Rule-Making and Decision Making by National and International Government Agencies Regarding: "Improvement of Technical Management of Internet Names and Addresses Proposed Rule", 15 CFR chapter XXIII, and All Other Domestic United States and Worldwide Wab Telecommunications and Technology Matters Impacting United States National Interests, Proprietary Commercial Rights and National Security.

9. The American antitrust standards of "restraint of trade, monopolization or intended monopoly and anti competitiveness impact" as enunciated and clarified in nearly 100 years of the Sherman Act (1890), The Clayton Act (1914), The FTC Act, The Robinson-Patman Act, the wisest of the FCC Legislation and court decisions as criteria--- which provide valuable and instructive lessons learned criteria that the ASTI Foundation has also formulated.

10. There are also many other lessons of antitrust history, law, policy, statutory terms and econometric analysis including LEGONOMETRIC ©1 decision making inputs--- that are very relevant to a fully comprehensive statement of best and optimal solutions to matters at issue and being considered in the proposed improvement(s) of technical management of Internet names and addresses- 15CFR Chapter XXIII, etc. Some of the specific inputs and analysis must include, but are not limited to

(1) the two opposing schools of thought regarding the Sherman Act Standards which are "the legal school" and "the economic school";

(2) "The rule of reason" and "effects doctrine" criteria, (eg, U.S. v. AIcoa 148 F2d 416 (1945)

(3) "Tying Contracts", "Full-line forcing" Northern Pacific Railway, etc.

(4) horizontal mergers/ vertical mergers and conglomerate mergers

(5) OSAKEYBTIO v. EEC COMM, 1988 CHH Com Mkt Rptr 14,491; Timberlane v. Bank of America 549 f2d 597 (1970)

(6) Herfindahl- Hirschman Index (HHI) mathematical formula combined with Legonometric analysis and calculations to evaluate the levels of current and prospective economic/ market concentration existing in an industry applied by the ASTI Foundation to the telecommunications / computer systems segments of the world-wide web, etc.

(7) "interlocking directorate" criteria and analysis, eg., Clayton Act section 8, etc.

(8) Non-Profit Institutions Act (NPIA) and related items in balance.

(9) Windsurfing International v. EEC 1986 Com Mkt Rptr 14,271;
American Power & Light v. SEC 329.US90 (1940); Oakridge
Investment, Inc. v. Southern Energy Homes, Inc. 719 P2d 848

(1980); Mandeville Island v. Crystal Sugar Co. 334 US219

(1948) and others:

III
Systems Analysis and Operations Research Approaches Should Also Be
Included

11. In the view of the ASTI Foundation and our technical and professional experts, it is also optimal for the best policy, decision- making, contracting and implementation of what is proposed, to require some utilization of the following:

(1) Qualitative analysis.
(2) Linear programming- dimensional optimization models, sensitivity analysis, etc. (4) Capital investment analysis.
(5) Conceptual risk analysis and risk-benefit-cost analysis.
(6) System performance, reliability and availability.
(7) Derived distributions and statistical summaries.
(8) Model calibration of probability models and Monte Carlo simulation

12. ASTI Foundation can and will contribute further applications of these tools and specific highly relevant utilization of these applicable to the NTIA proposals and identification of the optimal choices, solutions and implementation in conjunction with LEGONOMETRIC analysis, etc.

1. LEGONOMY is a copyrighted term belonging to Prof. Franz Frisch and LEGONOMETRIC Analysis is a copyrighted name, trade name, and proprietary to the ASTI Foundation, Inc. and Dr. Terry Kolp.