Dear Jean-Jacques, Good point. *- to what extent can a private company be allowed to exercise regulatory
duties, against payment?*
Private companies, particularly ISPs and now registries/registrars, have long been taking down intellectual property infringing websites. It is not a surprise to extend the practices to cyber-security areas. I actually raised this possibilities at ICANN Cybercrime Forum 2009 in Seoul. At that time, most registries present deemed that too burdensome, although they would have to comply with UDRP to shield trademark owners. I think it would be good if ICANN to enact the policy not only to take care of private interests of trademark owners but public interests against malware.
*- the proposed mechanism carries the risk of collateral damage to legitimate entities and users.
Sure. Hong -- Dr. Hong Xue Professor of Law Director of Institute for the Internet Policy & Law (IIPL) Beijing Normal University http://www.iipl.org.cn/ <http://iipl.org.cn/> 19 Xin Jie Kou Wai Street Beijing 100875 China