[At-Large] 9th Circuit Court ruling on ICANN Contract.
karl at cavebear.com
Fri Dec 24 00:06:24 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
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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