The open letter to President Kuchma from the all-Ukrainian public organization "Ukrainian Internet community".
15.12.2003
The public organization asks the President to consider the draft of Resolution of the Cabinet of Ministers "On the re-delegation of the rights to administer the domain .UA" and to protect the rights of Ukrainian Internet-users.
Respected President!
The Security Service of Ukraine prepared the draft of Resolution of the Cabinet of Ministers “On the re-delegation of the rights to administer the domain .UA” No. 1818-4897 of 21 April 2003.
The text of the mentioned draft of the Resolution and the explanatory note to this draft contain numerous mistakes, inauthentic and sometimes completely false information.
The draft envisages the creation of the enterprise “The Ukrainian network informational center” managed by the USS. At that the explanatory note contains references to the recommendations of the GAC ICANN, which are interpreted erroneously. According to these recommendations of the GAC ICANN, “the role of the state consists in guaranteeing the administration of the geographic domain in public interests taking into account the national laws” (item 5.1), but not in the creation of state enterprises controlled by special services. Item 5.2 of the discussed draft reads that the government is responsible for the transparency of its activities that concern the processes connected with the administering of the domain.
We want to turn your attention to the fact that the special services, which prepare the state documents in the closed regime, may not be the guarantors of public interests and the model of transparency, and that the creation of such enterprise has no relation with public interests.
We also want to point out that the adoption of this Resolution will not only require a significant amount of state finances and will give no real profit, but also will essentially deteriorate the international image of Ukraine and will exert the negative influence upon the confidence of millions of Ukrainian citizens in the President and government.
We inform you that on 30 January 2003 the Opened Public supervision council in charge of the question of administering the domain .UA was created in Ukraine in the absolute correspondence with the demands of the IСANN and the best international practices. The operating administration of the domain, the greatest independent union of Ukrainian Internet-companies and the all-Ukrainian public organization “Ukrainian Internet community” signed the corresponding multilateral agreement. All questions, which were potentially interesting for state organs (adjustment of the rules of registration of domains, compilation of standard agreements, control over software and even financial audit), were related to the competence of this supervision council. Some representatives of state organs have been already invited for the work in the council.
The subordination of the domain .UA to the special services creates the conditions for violating the constitutional rights and freedoms of citizens, which are stipulated by Article 15, 31, 32, 34 and 42 of the Constitution of Ukraine.
We ask you to interfere personally in this situation and to stop the brutal and non-transparent meddling of the Ukrainian special services into the reform of administering the Ukrainian public resource – domain .UA. We also believe that it should be expedient to conduct the public investigation of the circumstances of preparing the draft of the Resolution and the explanatory note to it.
We ask you to give the commission to the corresponding state organs to define what is the legal state interest in the problems of the domain and to send a state representative to the Public supervision council in charge of the questions of administering the domain .UA.
We hope that you will protect legal rights and interests of Ukrainian citizens – the Internet users.
Sincerely yours, the Head if the Executive council of
the all-Ukrainian public organization “Ukrainian Internet community”
Igor Diadiura
13 May 2003
The Security Service of Ukraine prepared the draft of Resolution of the Cabinet of Ministers “On the re-delegation of the rights to administer the domain .UA” No. 1818-4897 of 21 April 2003.
The text of the mentioned draft of the Resolution and the explanatory note to this draft contain numerous mistakes, inauthentic and sometimes completely false information.
The draft envisages the creation of the enterprise “The Ukrainian network informational center” managed by the USS. At that the explanatory note contains references to the recommendations of the GAC ICANN, which are interpreted erroneously. According to these recommendations of the GAC ICANN, “the role of the state consists in guaranteeing the administration of the geographic domain in public interests taking into account the national laws” (item 5.1), but not in the creation of state enterprises controlled by special services. Item 5.2 of the discussed draft reads that the government is responsible for the transparency of its activities that concern the processes connected with the administering of the domain.
We want to turn your attention to the fact that the special services, which prepare the state documents in the closed regime, may not be the guarantors of public interests and the model of transparency, and that the creation of such enterprise has no relation with public interests.
We also want to point out that the adoption of this Resolution will not only require a significant amount of state finances and will give no real profit, but also will essentially deteriorate the international image of Ukraine and will exert the negative influence upon the confidence of millions of Ukrainian citizens in the President and government.
We inform you that on 30 January 2003 the Opened Public supervision council in charge of the question of administering the domain .UA was created in Ukraine in the absolute correspondence with the demands of the IСANN and the best international practices. The operating administration of the domain, the greatest independent union of Ukrainian Internet-companies and the all-Ukrainian public organization “Ukrainian Internet community” signed the corresponding multilateral agreement. All questions, which were potentially interesting for state organs (adjustment of the rules of registration of domains, compilation of standard agreements, control over software and even financial audit), were related to the competence of this supervision council. Some representatives of state organs have been already invited for the work in the council.
The subordination of the domain .UA to the special services creates the conditions for violating the constitutional rights and freedoms of citizens, which are stipulated by Article 15, 31, 32, 34 and 42 of the Constitution of Ukraine.
We ask you to interfere personally in this situation and to stop the brutal and non-transparent meddling of the Ukrainian special services into the reform of administering the Ukrainian public resource – domain .UA. We also believe that it should be expedient to conduct the public investigation of the circumstances of preparing the draft of the Resolution and the explanatory note to it.
We ask you to give the commission to the corresponding state organs to define what is the legal state interest in the problems of the domain and to send a state representative to the Public supervision council in charge of the questions of administering the domain .UA.
We hope that you will protect legal rights and interests of Ukrainian citizens – the Internet users.
Sincerely yours, the Head if the Executive council of
the all-Ukrainian public organization “Ukrainian Internet community”
Igor Diadiura
13 May 2003