[At-Large] U.S. seizure of .ORG domain name

[parminder]

Adam Peake wrote:
> I'd have no objection if ICE had used GoDaddy as the route to take 
> down the site. Registrants have choice.  TLD is different.
>
> My comment "this isn't a legal action, there has been no court case, 
> no due process." was extreme.  I've no idea what process has been 
> followed.
>
> Adam
>   
The 'problem' is that a due legal process was indeed followed here, and 
the registries got a notice from the court. As long as an organization 
is subject to the US law, which includes the ICANN, and there is no 
exception vis a vis any specific application of the law because of a 
higher level international commitment, which itself needs to first be 
imported into the US law, merely making a representation to the US gov 
against such a practice has little real meaning. The same court order 
could go to ICANN and the root server operator and they have no option 
but to comply. Any challenge to such a court order needs to be based on 
some clear legal provision and not on the general sentiment of the 
global Internet community.

But, yes, writing to the US gov does highlight the problem involved and 
I think it should be done.

Parminder


>
>   
>>  >>> Rojadirecta is a popular sports streaming and P2P download site.
>>     
>>>>>  Rojadirecta is a legitimate Spanish business. Two Spanish courts have
>>>>>  ruled the site operates legally.
>>>>>           
>> I'm not a big fan of ICE, but if, as I understand, rojadirecta used a US
>> registrar and a US proxy service for their domain name, why does anyone
>> think Spanish law applied to the use of their name?
>>
>> Nobody claims that ICE has tried to shut down their operations outside the
>> U.S.
>>
>> Regards,
>> John Levine, johnl at iecc.com, Primary Perpetrator of "The Internet 
>> for Dummies",
>> Please consider the environment before reading this e-mail. http://jl.ly
>> _______________________________________________
>> At-Large mailing list
>> At-Large at atlarge-lists.icann.org
>> https://atlarge-lists.icann.org/mailman/listinfo/at-large
>>
>> At-Large Official Site: http://atlarge.icann.org
>>     
>
> _______________________________________________
> At-Large mailing list
> At-Large at atlarge-lists.icann.org
> https://atlarge-lists.icann.org/mailman/listinfo/at-large
>
> At-Large Official Site: http://atlarge.icann.org
>
>   

-- 
PK