On Friday 08 April 2016 04:27 AM,
Michele Neylon - Blacknight wrote:
snip
Yes and they do, however if the registry operator is a US
based entity then a US court can issue a court order to have the
domains seized directly at the registry. It’s happened to
clients of ours.
And for a gTLD, the registry is ICANN.... A similar order will be
directed to ICANN is a gLTD has to be siezed.
I do not deny there is an uneven playing
field because ICANN is more easily subject to US
jurisdiction and law than the jurisdictions and laws
of other countries, but your arguments may go too
far.
The issue around domain seizures has nothing to do with
ICANN. Any domain seizure cases I’ve seen (including the
examples cited by Parminder) were all made either at the
registrar or registry level.
I haven’t see any cases where ICANN has been involved
directly (though they often get named in cases)
Because there havent been closed business specific gTLD till now, an
option that has been opened now.... Can you tell me, if a court
finds a foreign gTLD not to its taste or the concerned business
offending the US law what would it do, as it has been doing earlier
with US registered second level domain names.... Can you give me one
reason or justification why a court will consider ICANN any
different from how it has been considering US based registries in
the past?
If you want to avoid the reach of the US then you need to
use:
a non-US registry
A non-US registrar
A non-US hosting provider
Obviously if you want to go down that route you won’t be able
to use .com or a lot of the other gTLDs, as even the ones that
aren’t US owned are often using US based providers for their
backend services.
So, you too agree/ accept that a non US business wanting to avoid
(illegitimate) extra- terrestrial application of US laws should not
take up gTLDs..... That is depressing.... Why should non US
businesses be denied an important global governance service? Does it
mean nothing at all to you, to ALAC?
BTW, to my friends in the US most vocal in this debate, may I ask a
question, that I have asked earlier but with a response - can you
with full honesty tell me, if India's laws were applicable on the
global DNS system in the same way as the US are now, and, for
instance, taking a gTLD would have exposed a US business to
(illegitimate) extra-territorial application of Indian laws, *would
you have accepted it?*
Is there no fairness, equity and democracy left in the world....
And it of course pains me even more to see non US people here go
along with this extreme unfairness and injustice.