[At-Large] NYTimes : U.S. Shuts Down Web Sites in Piracy Crackdown
karl at cavebear.com
Thu Dec 2 21:15:48 UTC 2010
On 12/02/2010 12:18 PM, Dev Anand Teelucksingh wrote:
> which raises a interesting scenario : many ccTLDs outsource the technical
> running of the ccTLD to third party registry operators, several of which are
> US based. Does the recent ICE seizures imply that
> ICE can issue a seizure warrant against a US based registry operator running
> a ccTLD and redirect a ccTLD to ICE's own servers without notifying the
> ccTLD or the ccTLD registrant?
Why not? If any part of the mechanism of resolving DNS names is within
the jurisdictional reach of the enforcement agency one ought to have an
expectation that the agency will exercise that authority.
As I have described elsewhere there is a huge perception that websites
and domain names are linked one-to-one. That is, of course, technical
nonsense; the truth being that domain names point to collections of
records that can contain all kinds of stuff. In that regard, taking
down a domain name because a record references a website could be akin
to seizing an entire Maersk container ship because one container on
board is carrying fake Gucci bags.
We are at real risk here on the net (many say it is not a risk but a
present-day fact) in which enforcement agencies, going after real
illicit activities, use simplistic techniques that are far overbroad and
can cause vast collateral damage to lawful activities.
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