[At-Large] NYTimes : U.S. Shuts Down Web Sites in Piracy Crackdown
Christian de Larrinaga
cdel at firsthand.net
Thu Dec 2 22:57:08 UTC 2010
Exactly. It is also very unlikely that a takedown contract between a registry with a third party provider of seizure services (sic!) will fix in the subtleties needed to work out and pay for retaining the bits of a domains delegation and services not of interest from that which is.
On 2 Dec 2010, at 21:15, Karl Auerbach wrote:
> 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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