[At-Large] 9th Circuit Court ruling on ICANN Contract.

Derek Smythe derek at aa419.org
Sun Dec 19 19:51:52 UTC 2010

The reality of this issue is that the normal internet user, be it a 
small business or an individual, has not real protection on the internet.

The registrar is held blameless and the victim of internet abuse 
cannot hold him liable.

ICANN is not interested in abuse issues, it is outside their gambit 
despite creating an environment ideal for abuse.

As for law enforcement, law enforcement only deals with the most 
serious issues. A simple reality is they are absolutely flooded with 
ongoing issues.

That does leave the normal internet user vulnerable to exploitation.


On 2010/12/19 20:19, Bill Silverstein wrote:
> The 9th circuit has ruled that the section of the
> registrar/registrant contract has no meaning. This is a result of the no
> third party beneficiary provision of section 5.10 of the contract.
> This not only eliminates the issue for spam liability, but the issue for
> copyright or trademark infringement. Under the 9th circuit interpretation,
> I can use domains by proxy to hide my identity when I register and profit
> from barbiedoll.com to host pirated movies, despite being provided this
> evidence, that Domains has no requirement to disclose this information.
> http://www.scribd.com/doc/45487838/Balsam-v-Tucows-No-09-17625-9th-Cir-Dec-16-2010
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