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

Roberto Gaetano roberto at icann.org
Sat Jan 8 22:37:52 UTC 2011

Happy new year to all.
Let me add a late comment to this thread.
I believe that the registration of a domain requires the owner of the domain
to correctly identify oneself to the registering authority, but that this
information does not need necessarily to be public.
This is not a new debate, but it still comes in waves, without substantial
changes in the opinions of the different parties. Years ago, I think it was
at the Tunis/Carthage (2003?), we had this discussion and I replied to
Marilyn Cade making the example of car registration: a car owner is obliged
to provide complete and accurate information to the registration authority,
but this information is not necessarily public. Actually, I am not aware of
any national car registry in which you can access this information without
proving that you need it, and qualify yourself.
I have not yet heard a convincing argument on why the domain names have to
be treated differently.

> -----Original Message-----
> From: at-large-bounces at atlarge-lists.icann.org 
> [mailto:at-large-bounces at atlarge-lists.icann.org] On Behalf 
> Of Bill Silverstein
> Sent: Friday, 24 December 2010 00:32
> To: At-Large Worldwide
> Subject: Re: [At-Large] 9th Circuit Court ruling on ICANN Contract.
> > On 12/22/2010 10:40 AM, Bill Silverstein wrote:
> >
> >> It is not vigilante justice to know the identity of the 
> owner of  a 
> >> domain name.
> >
> > Oh yes indeed it is.  It is most definitely vigilante 
> action to take 
> > away the right of an accused - merely on the basis of that 
> accusation.
> > In this case the rights are those of privacy and due process.
> >
> Oh no. You are inserting a right here where there is none. 
> The right to privacy regarding the ownership of a domain 
> name. Anonymous speech does not equate to anonymous domain 
> name registration.
> The registration of a domain requires the owner of the domain 
> to correctly identify oneself to the public when registering 
> the domain  name.
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