[At-Large] 9th Circuit Court ruling on ICANN Contract.
icann-list at sorehands.com
Wed Dec 22 20:03:30 UTC 2010
> I said a request brought after due process; i.e. a court order.
Lets say that you live in Atlanta Georgia. You register your domain name
name with TuCows, and use their privacy service. You use my trademark or
send me illegal spam.
In the Balsam case, it is on the record that TuCows will agree to respond
to a foreign (not in their jurisdiction) subpoena, but does not.
Here are the options.
1. I file suit against you Los Angeles, where the harm is felt, Calder v.
Jones, Pannavision v. Toppen, etc. TuCows does not respond. To get them to
respond, I have to file suit in Canada.
2. I file suit in Canada, and find out it is you, then:
1. Continue in Canada, but it gets kicked because there is no
jurisdiction over the parties.
2. File in Los Angeles.
3. File in Atlanta, where you are located.
> And if they do blow off a court order, I am sure there are consequences.
Yes, after I spent money filing suit in Canada, TuCows will get their
That is what Balsam tried to do, but imputing liability under section
188.8.131.52, but the court denied it.
> But you are right, the only proxy services I deal with are the ones that
> protect my personal privacy. And as a user of there services I sincerely
> hope they only respond to court orders. Not that I believe I do anything
> illegal but I do want to make sure my sites are private except in so far
> as I out myself.
> On 22 Dec 2010, at 14:35, John R. Levine wrote:
>>> 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
>> Um, this suggests you haven't dealt with many proxy services.
>> Try, say, privacyprotect.org who boast that they blow off all phone
>> and paper mail.
>> John Levine, johnl at iecc.com, Primary Perpetrator of "The Internet for
>> Please consider the environment before reading this e-mail. http://jl.ly
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