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

Thu Feb 3 07:44:01 UTC 2011

I support this, too. 

I am not discussing here if the site infringed
on US laws. This is apparently the case. However, the decision to take
down the domain has consequences well outside the territorial boundaries
where US laws apply. It gets even worse when there is one court decision
of a sovereign country which says that the site is legal. AFAIK, Spain
is not a banana republic. I am convinced that due diligence and fairness
where followed by Spanish courts.  

I find it grossly impolite, to say
the least, to impose one's legal and moral values to the entire world.
This is what needs to transpire from our complaint. 

Over here, when
court decisions order to block web sites, local ISPs are told to either
block DNS queries for the domain or null route the IP address. I am not
saying this is ideal or even effective. But at least, the impact does
not spread beyond the territorial limits of the laws. 

Patrick 

>> I
would support this.
>> 
>> Btw, the USG has used similar tactics to take
down domains that are used for
>> online gaming centred on Antigua in
the Caribbean . Online gaming is legal
>> in Antigua but it matters not
to US interests.
>> 
>> Antigua has sought relief at the WTO on areas of
WTO jurisdiction and she
>> has repeatedly prevailed. Still has not
mattered to our Uncle Sam.
>> 
>> Carlton
>> 
>>
==============================
>> Carlton A Samuels
>> Mobile:
876-818-1799
>> Strategy, Planning, Governance, Assessment &
Turnaround
>> =============================
>> 
>> On Wed, Feb 2, 2011
at 8:58 AM, Adam Peake wrote:
>> 
>>> I propose the At Large/ALAC
protest the U.S. government's seizure of
>>> domain name
Rojadirecta.org.
>>> 
>>> 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.
>>> 
>>> It
seems the U.S. Government Homeland Security's Immigration and
>>>
Customs Enforcement (ICE) division used the TLD as the means of
>>>
seizure in an attempt to take down the site. If the action was
>>>
against the registrar then a registrant would at least have a choice
>>>
of jurisdiction. But this action on ORG, and the actions on .COM
>>>
names last November essentially means the U.S. government considers
>>>
COM, NET and ORG to be nothing more than ccTLDs subject to U.S. whim
>>>
(this isn't a legal action, there has been no court case, no due
>>>
process.)
>>> 
>>> Rojadirecta is now available under other TLDs
>>>

>>> as well its original IP address
>>> .
>>> 
>>> Expect there will be
a lot written about this, this article's ok as a
>>> starting point:
>>>
<
>>>
http://www.techdirt.com/articles/20110201/10252412910/homeland-security-seizes-spanish-domain-name-that-had-already-been-declared-legal.shtml
[4]
>>> 
>>>> 
>>> 
>>> I hope At Large will issue a statement
protesting the use of the TLD
>>> registry as a means of takedown. That
it recommends when the NET, ORG
>>> and COM contracts are renegotiated
they should move to a jurisdiction
>>> where such unilateral action by a
government is not possible. That
>>> the new applicant guidebook require
applicants to only locate in
>>> jurisdictions where such unilateral
action by a government is not
>>> possible.
>>> 
>>> Legitimate
businesses should not be subject to the whim of a U.S. agency.
>>> 
>>>
Adam
>>> _______________________________________________
>>> At-Large
mailing list
>>> At-Large at atlarge-lists.icann.org [5]
>>>
https://atlarge-lists.icann.org/mailman/listinfo/at-large [6]
>>> 
>>>
At-Large Official Site: http://atlarge.icann.org [7]
>>
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-- 
Blog:
http://patrick.vande-walle.eu
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Links:
------
[1]
http://www.rojadirecta.me
[2] http://www.rojadirecta.es
[3]
http://www.rojadirecta.in
[4]
http://www.techdirt.com/articles/20110201/10252412910/homeland-security-seizes-spanish-domain-name-that-had-already-been-declared-legal.shtml
[5]
mailto:At-Large at atlarge-lists.icann.org
[6]
https://atlarge-lists.icann.org/mailman/listinfo/at-large
[7]
http://atlarge.icann.org
[8] mailto:ajp at glocom.ac.jp
[9]
mailto:At-Large at atlarge-lists.icann.org
[10]
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[11]
http://atlarge.icann.org
[12]
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[14]
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