SPOOR AND FISHER

ATTORNEYS AND PATENT ATTORNEYS

PATENTS • TRADE MARKS • COPYRIGHT • DESIGNS

Honourable William M. Daley

Secretary of Commerce

c/o Karen Rose

Office of International Affairs

Room 471

National Telecommunications and Information Administration

United States Department of Commerce

14th and Constitution Avenue, NW

WASHINGTON, DC 20230

Your Ref:

Our Ref: MiI/MVM(I00)

Date: 6 October 1998

Dear Sir

INTERNATIONAL NOT-FOR-PROFIT CORPORATION TO ADMINISTER POLICY FOR THE INTERNET NAME AND ADDRESS SYSTEM

We are addressing this communication to you in our capacity as a South African based specialist intellectual property law firm, who represents a number of Internet service providers, telecommunication companies and trade mark proprietors.

We have been advised of the proposed Board Members of the "new" Internet Assigned Numbers Authority. It is noteworthy that the US Government's June 5 "White Paper" specifically stipulated that "..... the Internet is a global medium and ..... its technical management should reflect the global diversity of Internet users", but unfortunately, the recommended Board Members of the new organisation does not include an African representative.

For the reasons set out hereunder, we would urge you to give urgent consideration to appointing an African representative to the Board of the new organisation:

I The African community comprises first and third world elements. It is felt that the Internet could be used to the benefit of both groups.

2. For instance, South Africa's first world community is very aware and involved in the use of Internet and is ranked 14th worldwide in the number of Internet users per capita.

3. Furthermore, the Internet could be used as a very effective tool in bringing information,

telecommunication facilities and education to the lesser advanced communities. A

reasonably short transmission time, using existing infrastructure is required, to transmit long

messages via Internet which would otherwise take several minutes through, for instance, the

use of telefax transmissions or the telephone.

4. Numerous South African companies, who have expanded their business activities to other

African states, are seriously considering using the Internet as their main means of

communication with their affiliated companies throughout Africa and if normal voice

telecommunication cannot be established, the Internet e-mail facilities and other electronic

facilities may be used in terms of which the message will be transmitted and stored on file

servers until such time as the telecommunication service is available again,

5, The Internet could be utilised very effectively in under developed communities for electronic

commerce, distribution of information and making information available to remote, formerly

disadvantaged communities.

Apart from no African representatives being represented on the Board of the proposed new organisation, we would also urge you to give consideration to appointing representatives of "international trade mark holders" to the Board as this particular interest group appears not to be represented,

We trust that you are in a position to consider our submissions at such short notice and look forward to receiving your response.

Yours faithfully,

SPOOR AND FISHER

PER: MARCO VAN DER MERWE

MVM/mh