A test case that could affect the future of the internet’s domain name system had its scheduling hearing yesterday in Washington DC. The case is PGMedia versus Network Solutions Inc, the company that maintains the internet’s root and registers name in the ,.com, .net and .org name spaces and the National Science Foundation (NSF) that gave NSI the contract. PGMedia alleges that NSI is denying it access to the internet’s root and thus preventing it from adding additional top-level domain names (TLDs) to go alongside .com, .net and the others. PGMedia has developed an alternative domain name system based upon 530 new TLDs. To put that in perspective, the government’s white paper on the DNS, that will probably arrive tomorrow, is likely to call for just three new TLDs. The suit seeking a preliminary injunction was issued earlier this month and asks the court to order NSI to give PGMedia access to the internet’s root. NSI claims it has immunity from antitrust suits because it is working as a government contractor, because its contract was issued just over five years ago by the NSF. PGMedia’s lawyers dispute that claim because they say the NSF does not directly regulate NSI’s actions – it has a more hands- off relationship. Plus the NSF does not have the power to order NSI to control the internet’s root under the National Science Act that delimits its powers, claims PGMedia. Yesterday’s pre-trial hearing set July 20 as the date on which it which the court will issue a summary judgement on whether or not NSI has immunity from antirust prosecution, according to PGMedia president Paul Garrin. NSI confirmed that, but said the summary judgement will affect the NSF more than NSI.
