[At-Large] U.S. seizure of .ORG domain name

Fri Feb 4 14:54:15 UTC 2011

Dev Wrote: If a ccTLD has outsourced its technical function (and several
ccTLD do) to a US based registry operator,
perhaps the US legal system can shut down a domain under a ccTLD by serving
the seizure warrant to the US based registry operator of that ccTLD.

Dev T

In actual fact, yes.

Here's something else.  Domains representing search engine that had a link
to the domain of the USG's primary interest were also seized!  Aiding and
abetting, it is said.

Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
Strategy, Planning, Governance, Assessment & Turnaround
=============================

On Thu, Feb 3, 2011 at 9:19 PM, Dev Anand Teelucksingh <admin at ttcsweb.org>wrote:

> On Thu, Feb 3, 2011 at 6:12 PM, Evan Leibovitch <evan at telly.org> wrote:
> >
> > So if online casinos are illegal in the US, it should be no surprise that
> > its legal system would take steps to shut down -- to whatever extent that
> it
> > could -- "onlinecasino.com". They'd have no jurisdiction, however on "
> > onlinecasino.co.uk" -- unless that registrant was foolish enough to use
> a
> > US-based registrar.
>
> If a ccTLD has outsourced its technical function (and several ccTLD
> do) to a US based registry operator,
> perhaps the US legal system can shut down a domain under a ccTLD by
> serving the seizure warrant to the US based registry operator of that
> ccTLD.
>
> Dev T
>
>
> > I don't agree that At-Large has much of a political role to play, in that
> no
> > country is going to listen to our complaints about content-related domain
> > seizures. And it's not within our ability -- let alone our expertise --
> to
> > monitor and pass judgement on what content is illegal in all sovereign
> > countries.
> >
> > Perhaps, though, we do have a role to play in educating users and
> > registrants about the choices they make when obtaining a domain,
> including
> > issues related to the home location of the registry and registrar. (This
> > need-to-know also extends to the location of the would-be registrant's
> > content hosting, but that's way out of ICANN's scope.)
> >
> > Anything that helps educate the public that there is not a "default" TLD
> but
> > a set of choices -- each choice with certain benefits and risks -- is
> both
> > useful and within our ability to provide IMO.
> >
> > - Evan
> >
> >
> >
> >
> >
> > On 3 February 2011 16:08, Yassin Mshana <ymshana2003 at hotmail.com> wrote:
> >
> >>
> >> This is Unspeakable!!!
> >> It is commonly knowledge that No one Nation or State should interfere
> with
> >> events beyond its boundaries - unfortunately there are no boundaries
> when it
> >> comes to the Internet.
> >> Internet-based businesses are lucrative yes! It is time a Government to
> >> change/review its Customs/Revenue Collection systems not to take actions
> >> that affect the rest of the Internet communities.
> >> The GAC should see into this to avoid similar attacks to such a neutral
> >> media.
> >> Time for a Change is overdue on this.
> >>
> >>
> >> > Date: Thu, 3 Feb 2011 08:44:01 +0100
> >> > From: patrick at vande-walle.eu
> >> > To: at-large at atlarge-lists.icann.org
> >> > Subject: Re: [At-Large] U.S. seizure of .ORG domain name
> >> >
> >> >
> >> >
> >> > I support this, too.
> >> >
> >> > I am not discussing here if the site infringed
> >> > on US laws. This is apparently the case. However, the decision to take
> >> > down the domain has consequences well outside the territorial
> boundaries
> >> > where US laws apply. It gets even worse when there is one court
> decision
> >> > of a sovereign country which says that the site is legal. AFAIK, Spain
> >> > is not a banana republic. I am convinced that due diligence and
> fairness
> >> > where followed by Spanish courts.
> >> >
> >> > I find it grossly impolite, to say
> >> > the least, to impose one's legal and moral values to the entire world.
> >> > This is what needs to transpire from our complaint.
> >> >
> >> > Over here, when
> >> > court decisions order to block web sites, local ISPs are told to
> either
> >> > block DNS queries for the domain or null route the IP address. I am
> not
> >> > saying this is ideal or even effective. But at least, the impact does
> >> > not spread beyond the territorial limits of the laws.
> >> >
> >> > Patrick
> >> >
> >> > >> I
> >> > would support this.
> >> > >>
> >> > >> Btw, the USG has used similar tactics to take
> >> > down domains that are used for
> >> > >> online gaming centred on Antigua in
> >> > the Caribbean . Online gaming is legal
> >> > >> in Antigua but it matters not
> >> > to US interests.
> >> > >>
> >> > >> Antigua has sought relief at the WTO on areas of
> >> > WTO jurisdiction and she
> >> > >> has repeatedly prevailed. Still has not
> >> > mattered to our Uncle Sam.
> >> > >>
> >> > >> Carlton
> >> > >>
> >> > >>
> >> > ==============================
> >> > >> Carlton A Samuels
> >> > >> Mobile:
> >> > 876-818-1799
> >> > >> Strategy, Planning, Governance, Assessment &
> >> > Turnaround
> >> > >> =============================
> >> > >>
> >> > >> On Wed, Feb 2, 2011
> >> > at 8:58 AM, Adam Peake wrote:
> >> > >>
> >> > >>> I propose the At Large/ALAC
> >> > protest the U.S. government's seizure of
> >> > >>> domain name
> >> > Rojadirecta.org.
> >> > >>>
> >> > >>> Rojadirecta is a popular sports streaming and
> >> > P2P download site.
> >> > >>> Rojadirecta is a legitimate Spanish business. Two
> >> > Spanish courts have
> >> > >>> ruled the site operates legally.
> >> > >>>
> >> > >>> It
> >> > seems the U.S. Government Homeland Security's Immigration and
> >> > >>>
> >> > Customs Enforcement (ICE) division used the TLD as the means of
> >> > >>>
> >> > seizure in an attempt to take down the site. If the action was
> >> > >>>
> >> > against the registrar then a registrant would at least have a choice
> >> > >>>
> >> > of jurisdiction. But this action on ORG, and the actions on .COM
> >> > >>>
> >> > names last November essentially means the U.S. government considers
> >> > >>>
> >> > COM, NET and ORG to be nothing more than ccTLDs subject to U.S. whim
> >> > >>>
> >> > (this isn't a legal action, there has been no court case, no due
> >> > >>>
> >> > process.)
> >> > >>>
> >> > >>> Rojadirecta is now available under other TLDs
> >> > >>>
> >> >
> >> > >>> as well its original IP address
> >> > >>> .
> >> > >>>
> >> > >>> Expect there will be
> >> > a lot written about this, this article's ok as a
> >> > >>> starting point:
> >> > >>>
> >> > <
> >> > >>>
> >> >
> >>
> http://www.techdirt.com/articles/20110201/10252412910/homeland-security-seizes-spanish-domain-name-that-had-already-been-declared-legal.shtml
> >> > [4]
> >> > >>>
> >> > >>>>
> >> > >>>
> >> > >>> I hope At Large will issue a statement
> >> > protesting the use of the TLD
> >> > >>> registry as a means of takedown. That
> >> > it recommends when the NET, ORG
> >> > >>> and COM contracts are renegotiated
> >> > they should move to a jurisdiction
> >> > >>> where such unilateral action by a
> >> > government is not possible. That
> >> > >>> the new applicant guidebook require
> >> > applicants to only locate in
> >> > >>> jurisdictions where such unilateral
> >> > action by a government is not
> >> > >>> possible.
> >> > >>>
> >> > >>> Legitimate
> >> > businesses should not be subject to the whim of a U.S. agency.
> >> > >>>
> >> > >>>
> >> > Adam
> >> > >>> _______________________________________________
> >> > >>> At-Large
> >> > mailing list
> >> > >>> At-Large at atlarge-lists.icann.org [5]
> >> > >>>
> >> > https://atlarge-lists.icann.org/mailman/listinfo/at-large [6]
> >> > >>>
> >> > >>>
> >> > At-Large Official Site: http://atlarge.icann.org [7]
> >> > >>
> >> > _______________________________________________
> >> > >> At-Large mailing
> >> > list
> >> > >> At-Large at atlarge-lists.icann.org [9]
> >> > >>
> >> > https://atlarge-lists.icann.org/mailman/listinfo/at-large [10]
> >> > >>
> >> > >>
> >> > At-Large Official Site: http://atlarge.icann.org [11]
> >> > >
> >> > >
> >> > _______________________________________________
> >> > > At-Large mailing
> >> > list
> >> > > At-Large at atlarge-lists.icann.org [12]
> >> > >
> >> > https://atlarge-lists.icann.org/mailman/listinfo/at-large [13]
> >> > >
> >> > >
> >> > At-Large Official Site: http://atlarge.icann.org [14]
> >> >
> >> > --
> >> > Blog:
> >> > http://patrick.vande-walle.eu
> >> > Twitter:
> >> > http://twitter.vande-walle.eu
> >> >
> >> >
> >> >
> >> > Links:
> >> > ------
> >> > [1]
> >> > http://www.rojadirecta.me
> >> > [2] http://www.rojadirecta.es
> >> > [3]
> >> > http://www.rojadirecta.in
> >> > [4]
> >> >
> >>
> http://www.techdirt.com/articles/20110201/10252412910/homeland-security-seizes-spanish-domain-name-that-had-already-been-declared-legal.shtml
> >> > [5]
> >> > mailto:At-Large at atlarge-lists.icann.org
> >> > [6]
> >> > https://atlarge-lists.icann.org/mailman/listinfo/at-large
> >> > [7]
> >> > http://atlarge.icann.org
> >> > [8] mailto:ajp at glocom.ac.jp
> >> > [9]
> >> > mailto:At-Large at atlarge-lists.icann.org
> >> > [10]
> >> > https://atlarge-lists.icann.org/mailman/listinfo/at-large
> >> > [11]
> >> > http://atlarge.icann.org
> >> > [12]
> >> > mailto:At-Large at atlarge-lists.icann.org
> >> > [13]
> >> > https://atlarge-lists.icann.org/mailman/listinfo/at-large
> >> > [14]
> >> > http://atlarge.icann.org
> >> > _______________________________________________
> >> > At-Large mailing list
> >> > At-Large at atlarge-lists.icann.org
> >> > https://atlarge-lists.icann.org/mailman/listinfo/at-large
> >> >
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> >>
> >> _______________________________________________
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> >>
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> >>
> >
> >
> >
> > --
> > Evan Leibovitch, Toronto Canada
> > Em: evan at telly dot org
> > Sk: evanleibovitch
> > Tw: el56
> > _______________________________________________
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