[At-Large] Definition of registration abuse

[Derek Smythe]

We are missing a point here.

USA: It is illegal to access/host child pornography. (and rightly so, 
also where I am)
Rest of the world: see 
http://www.canadiancrc.com/Newspaper_Articles/InformationWeek_Study_Child_Porn_Isnt_Illegal_Most_Countries_06APR06.aspx

USA: It is okay to look at pornography
Saudi Arabia: illegal

So whose laws? Unfortunately we do not have a global government, laws 
vary. But we have a global net and domains. Some countries with civil 
upheaval are abused by internet criminals. Domain privacy lawyers in 
the Sudan - please!

Show me something one the net and I could either make it illegal or 
legal, I just jump jurisdictions. This is exactly what criminals rely 
on. Proxies etc do not help.

Yet the Internet is not a new phenomenon and is in fact developing 
extremely fast with the convergence of technologies and new 
technologies. Laws lag, some much more than other places, but 
especially on the net.

80% of the USA is connected. 80% of the world is not connected.

Yes, I am mentioning extremes because this is the nature of the net.

No, we do not have to railroad this process. However I agree with 
seeing justice, but we cannot enforce legal cooperation either, that 
would be a bit like the tail wagging the dog. Each country has it's 
own priorities. The international aspect of the net does cause 
problems and we have to accept this. How clean or not we intend 
keeping the domain sphere will reflect on how much politicians, 
lawyers and LE gets involved or not. It is in every bodies best 
interest to keep the house clean.

So why not start of with:
Is phishing okay?
Is spamming okay?
Are 419 scams okay?
Are eBay scams okay?
Are moneymule scams okay?
...

What is not acceptable and why is it not acceptable? What is common, 
what not?  This is exactly what is being attempted. It is not a quick 
fix, no railroading or witch hunts, but defining what the general 
consensus is. How was the McColo issue resolved? Estdomains? By 
lawyers, LE, Policians?

We are not going to ever resolve this with any country's laws. But 
somewhere we will have to define an accepted norm because we cannot 
maintain the current status quo.

However I guess we could end up with something like a $5.00 legal fee 
on each domain registration/renewal for LE purposes if we continue on 
the current route. That would then leave ample leeway for politicians, 
attorneys and LE to get involved.

Derek


Karl Auerbach wrote:
> Derek Smythe wrote:
>>
>> Karl Auerbach wrote:
> 
>>> It seems to me that in all of these internet matters that one should 
>>> not jump to the conclusion that something is unlawful until there has 
>>> been an a concrete legal procedure that has find that to be the case.
> 
>> How long will this process take?
> 
> As long as it takes.  Otherwise we will have a system in which a mere 
> accusation is sufficient.
> 
> We recently saw in New Zealand that the copyright people tried to push 
> through a system in which people could have rights taken away - like 
> being denied access to the internet - by the mere accusation that they 
> were violating copyrights.
> 
> And have we not learned enough of how things can get bad through 
> "expedited" processes such as in the DMCA?
> 
> Personally, I'd rather have justice than a system that could very easily 
> turn into e-witch burning.
> 
> Inventing a new, fast alternative legal system - which is what is being 
> suggested here - is something that ought not to be done without the most 
> careful of reflection.
> 
>         --karl--
>