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

Michele Neylon :: Blacknight michele at blacknight.ie
Wed Dec 22 17:18:52 UTC 2010

On 19 Dec 2010, at 19:51, Derek Smythe wrote:


> 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 flipside to this is that registrants have a right to privacy and a degree of protection. The "normal" user wants to be able to register and use domain names without publishing their private details.

Yes we all know there are criminals out there, but there are plenty of other ways to get to them other than WHOIS of a domain name.

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

Which is correct in my view. 

If I sold kitchen knives and you happened to use one to commit murder it wouldn't be reasonable to hold me liable UNLESS I had sold you the knife to commit murder .. 

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

That is a wonderfully inflammatory statement

> As for law enforcement, law enforcement only deals with the most 
> serious issues.

Which is normal. It's not up to law enforcement to go around enforcing IP interests.

> A simple reality is they are absolutely flooded with 
> ongoing issues.
> That does leave the normal internet user vulnerable to exploitation.

You could extend the same logic to the offline / tangible / real world .. 

Taken to its logical (though somewhat perverse) conclusion then we should all be hiding in bunkers.



PS: The only time I've been a victim of crimes has been offline - wallets stolen, cars vandalised and debit cards skimmed .. 

Mr Michele Neylon
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