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

Karl Auerbach karl at cavebear.com
Thu Dec 23 22:21:27 UTC 2010

On 12/22/2010 10:57 AM, Evan Leibovitch wrote:
> On 22 December 2010 13:11, Avri Doria<avri at acm.org>  wrote:
>> So all the avenues for knowing who you are dealing wit exist as long as the
>> proper processes of the law are used.

> Whose law?
> We already appear to have situations in which the bad guys go
> jurisdiction-shopping -- either by design or fortune

1. Get a domestic judgment that shows that in the eyes of a court of 
competent jurisdiction in your own home that a violation of your laws 
has occurred.

2. Take that judgment and use the laws of the foreign jurisdiction to 
domesticate the judgment and make it enforceable there.

Step #2 may be hard and frustrating.

But it is better than engaging in private feuding using ad hoc (and thus 
contrary to the notion of predictable justice) procedures.

> We now have precedent, for better or worse, for blocking domains at a
> national level

That is - blocking until people decide to establish and use competing, 
consistent DNS roots.  There is no technical or legal obstacle in the 
way of that happening - the only obstacle is an already eroding reluctance.


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