US Supreme Court Rejects Domain Name Challenge



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## author     : rushkoff@well.com
## date       : 18.01.00
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Internet-Names Challenge Rejected
By RICHARD CARELLI, Associated Press Writer

WASHINGTON (AP) - The Supreme Court today rejected a
challenge to the fees charged for registering and annually
renewing Internet domain names. The justices, without
comment, turned away arguments that the fees are exorbitant
and that a former practice of designating a portion of the
fees for a federal agency's use amounted to an illegal tax.

Today's action, while setting no legal precedent, is a
victory for the agency, the National Science Foundation, and
Network Solutions Inc., the Virginia-based company that
serves as keeper of the master list of World Wide Web
addresses.

The National Science Foundation, an independent federal
agency, provides federal financial support for scientific
research and science education programs.

Under an agreement with the agency, Network Solutions has
registered on a first-come, first-served basis more than 5
million addresses since 1992 for the top-level domains -
those with "com," "org" and "net" suffixes. Internet domain
names can be worth plenty. For example, a Houston
businessman recently sold the domain name business.com for
$7.5 million. Beginning in 1995, Network Solutions charged a
registration fee of $100 and, after an initial two-year
period, a $50 annual renewal fee for each domain name.

Network Solutions received 70 percent of all fees for its
services; the other 30 percent was designated for the
National Science Foundation's use for Internet development
and research. That 30 percent portion was discontinued in
1998, and the respective fees now are $70 and $35. A group
of Web site owners sued in 1997. Their federal lawsuit,
seeking millions of dollars in refunds, said the National
Science Foundation's take was an illegal tax unauthorized by
Congress and that the fees collected by Network Solutions
far exceeded the nominal costs it incurred as keeper of the
domain names registry.

A federal judge initially said the 30 percent portion was an
illegal tax, but Congress in 1998 passed a law explicitly
authorizing that portion. The judge subsequently threw out
the lawsuit, and a federal appeals court upheld the
dismissal last May.

The appeal acted on today argued, among other things, that
Congress cannot retroactively authorize a tax that was
illegal when first imposed. The case is Thomas vs. Network
Solutions, 99-605.



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