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

Avri Doria avri at acm.org
Wed Dec 22 18:11:22 UTC 2010

On 22 Dec 2010, at 12:53, Derek Smythe wrote:

> And if the normal user registers "the largest online recruiting agency 
> in the world" (money mules) with private whois?  Or a domain used for 
> a bank that looks remarkably like your favourite bank?
> Yes, there are other ways, but this was "supposed" to be one of the 
> ways of knowing who you are dealing with.
> So are we to reject anything from now on, ignoring rules set, because 
> we have a good excuse to do so? I think not.

I do not believe there is a proxy service around that will not respond do a proper legal warrant for the information after due process has been exercised.  And if there was, they would be breaking the local law.

So the information is registered.

And if someone is using a pseudonym to commit fraud, that too is a crime in most places.

So all the avenues for knowing who you are dealing wit exist as long as the proper processes of the law are used.  And since there are lots of civilian organization more than ready to help the law with their investigative process and assuming that we do not make all information leaking and whistle blowing  illegal, it should be possible for the law to do its job.


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