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@vande-walle.eu To: at-large@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
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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-seiz... [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
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