[At-Large] NYTimes : U.S. Shuts Down Web Sites in Piracy Crackdown

[Christian de Larrinaga]

Exactly. It is also very unlikely that a takedown contract between a registry with a third party provider of seizure services (sic!) will fix in the subtleties needed to work out and pay for retaining the bits of a domains delegation and services not of interest from that which is. 


Christian 


On 2 Dec 2010, at 21:15, Karl Auerbach wrote:

> On 12/02/2010 12:18 PM, Dev Anand Teelucksingh wrote:
> 
>> which raises a interesting scenario : many ccTLDs outsource the technical
>> running of the ccTLD to third party registry operators, several of which are
>> US based. Does the recent ICE seizures imply that
>> ICE can issue a seizure warrant against a US based registry operator running
>> a ccTLD and redirect a ccTLD to ICE's own servers without notifying the
>> ccTLD or the ccTLD registrant?
> 
> Why not?  If any part of the mechanism of resolving DNS names is within 
> the jurisdictional reach of the enforcement agency one ought to have an 
> expectation that the agency will exercise that authority.
> 
> As I have described elsewhere there is a huge perception that websites 
> and domain names are linked one-to-one.  That is, of course, technical 
> nonsense; the truth being that domain names point to collections of 
> records that can contain all kinds of stuff.  In that regard, taking 
> down a domain name because a record references a website could be akin 
> to seizing an entire Maersk container ship because one container on 
> board is carrying fake Gucci bags.
> 
> We are at real risk here on the net (many say it is not a risk but a 
> present-day fact) in which enforcement agencies, going after real 
> illicit activities, use simplistic techniques that are far overbroad and 
> can cause vast collateral damage to lawful activities.
> 
> 	--karl--
> 
> 
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