Adam. Agree with you. yesterday I put my personal protest in the social networks. but would be important that ALAC take in account this matter. Carlos Dionisio Aguirre NCA GNSO Council - ICANN former ALAC member by LACRALO Abogado - Especialista en Derecho de los Negocios Sarmiento 71 - 4to. 18 Cordoba - Argentina - *54-351-424-2123 / 423-5423 http://ar.ageiadensi.org
Date: Wed, 2 Feb 2011 22:58:27 +0900 To: at-large@atlarge-lists.icann.org From: ajp@glocom.ac.jp Subject: [At-Large] U.S. seizure of .ORG domain name
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 <http://www.rojadirecta.me> <http://www.rojadirecta.es> <http://www.rojadirecta.in> as well its original IP address <http://109.235.53.189/>.
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-seiz...>
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@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/at-large
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