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

Derek Smythe derek at aa419.org
Sun Jan 9 17:57:52 UTC 2011

On 2011/01/09 00:37, Roberto Gaetano wrote:
> 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.
> Cheers,
> Roberto

But then again, to register a vehicle, proof of identity is required. 
Also, vehicles do not traverse international borders without passing 
some form of customs point. At that border checkpoint, the vehicle 
driver's identity will be verified and it will be determined if he is 
allowed to pass that point. Such exit/entry will be registered. 
Potentially the vehicle may be inspected.

Domains are used for services that span borders and are not subject to 
these same checks (though some are trying to implement just that).

So yours is not really a good comparison.


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