[NA-Discuss] Homeland Security seizes Domain Names

[gbruen at knujon.com]

There are some things here that don't wash, keep in mind they're from a 
statement by the Torrent owner.

I don't believe for a second Godaddy "had no idea" and "do not understand 
the situation"

Also to say "it was totally from ICANN" is odd because ICANN has made it 
abundantly clear they're not in the business of enforcing U.S. laws or even 
holding Registrars accountable for their contracted obligation to obey the 
law and to not sell domains used for illegal activity.

His quote implies ICANN can change records at Godaddy without Godaddy 
knowing. Not possible.

If their was in fact no court order it explodes the myth that Registrars 
need court orders to suspend domains, but that's not what the article says. 
It says: "DHS has...executed court-ordered seizure warrants against a number 
of domain names." There is your due process, or the beginning of it.

Also, note that this was driven by Customs, so likely the domains were 
directly involved in selling/importing counterfeits destined for the United 
States.

To conduct this seizure they'd go to Godaddy, not ICANN. Possibly the 
Torrent owner feels that ICANN should be protecting his rights and is 
blaming them for not.


--------------------------------------------------
From: "Jean Armour Polly" <mom at netmom.com>
Sent: Sunday, November 28, 2010 10:25 AM
To: <na-discuss at atlarge-lists.icann.org>
Subject: [NA-Discuss] Homeland Security seizes Domain Names

> Hi, I see ICANN has not yet made a statement on this.
> http://www.nytimes.com/2010/11/27/technology/27torrent.html?_r=1
> list of seized sites
> http://torrentfreak.com/u-s-government-seizes-bittorrent-search-engine-domain-and-more-101126/
> quote"
> "My domain has been seized without any previous complaint or notice
> from any court!" the exasperated owner of Torrent-Finder told
> TorrentFreak this morning.
>
> "I firstly had DNS downtime. While I was contacting GoDaddy I noticed
> the DNS had changed. Godaddy had no idea what was going on and until
> now they do not understand the situation and they say it was totally
> from ICANN," he explained."
>
> Where is the due process?
>
> I apologize in advance if this has already been discussed and I missed it.
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