[At-Large] 9th Circuit Court ruling on ICANN Contract.

Bill Silverstein icann-list at sorehands.com
Sun Dec 19 21:38:00 UTC 2010


> The reality of this issue is that the normal internet user, be it a
> small business or an individual, has not real protection on the internet.
>

This is my exact point. The

> The registrar is held blameless and the victim of internet abuse
> cannot hold him liable.
This is not an issue of the registrar being held liable, but the privacy
protection service (the registrant) being held liable. While the
registrant being a privacy protection service is not the same, it
essentially is.


>
> ICANN is not interested in abuse issues, it is outside their gambit
> despite creating an environment ideal for abuse.
>
> As for law enforcement, law enforcement only deals with the most
> serious issues. A simple reality is they are absolutely flooded with
> ongoing issues.
>
> That does leave the normal internet user vulnerable to exploitation.
>
> Derek
>
> On 2010/12/19 20:19, Bill Silverstein wrote:
>> The 9th circuit has ruled that the section 3.7.7.3 of the
>> registrar/registrant contract has no meaning. This is a result of the no
>> third party beneficiary provision of section 5.10 of the contract.
>>
>> This not only eliminates the issue for spam liability, but the issue for
>> copyright or trademark infringement. Under the 9th circuit
>> interpretation,
>> I can use domains by proxy to hide my identity when I register and
>> profit
>> from barbiedoll.com to host pirated movies, despite being provided this
>> evidence, that Domains has no requirement to disclose this information.
>>
>>
>> http://www.scribd.com/doc/45487838/Balsam-v-Tucows-No-09-17625-9th-Cir-Dec-16-2010
>>
>>
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