Karl Auerbach wrote:
Bret Fausett wrote:
2. Is illegal
Where?
And to take the next step - there is a tendency in these discussions to jump from a set of actions to a conclusion that it is unlawful.
Yet in real life legal proceedings there is an intermediary step - a trial - in which the actions are put into context and measured (often quite subjectively) against the rules of law.
It seems to me that in all of these internet matters that one should not jump to the conclusion that something is unlawful until there has been an a concrete legal procedure that has find that to be the case.
Thus rather than leaping to the conclusion that acts X, Y, and Z are an unlawful abuse of a trademark and reacting by, for instance, revoking a domain registration it would be better if that revocation had to be predicated on an actual legal process that concluded (and had passed through any appeals process) that an unlawful abuse of a trademark had actually occurred.
Otherwise we seem far too much at risk of inventing a parallel, but different, judicial system.
--karl--
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How long will this process take? A good scam takes a day and we have victims, many of which will never be reported to LE, many not understood by the LE reported to. Nobody even knows what the losses are on the fraud on the net! The promise of the Internet is instant delivery. I press a button in Romania and a victim sees the content immediately half way around the world. Legal process is known to be slow. 15 days. Who will pay for it? Banks and other legitimate content owners, trademark owners may initiate take downs on phishing sites since this affects their bottom line directly. As for 419/advance fee fraud sites, not so since their clients are not targeted. Who needs to initiate it? As we see above, the bank or legitimate owner may not. Yet the targets and victims do exist, else we would not be posting here LEA? Will the American taxpayer foot the bill for most of domains using American registration details/hosted in the USA? I think that would be unfair. In fact Commissioner Jon Leibowitz asked ICANN way back to improve the whois accuracy. What we see is more of the same and provably so, so what right have we to make it a problem for authorities? How can we expect them to clean up if we are just making it more complex for them, but refuse to clean up house? Why go through this process if the same registrant is proven to have numerous identities and keeps on repeating this process time and again? In certain instances the same parties have been at it for up to 5 years, have built mansions, are driving around in the most expensive cars .... safely in countries notorious for scams and a severely lacking justice system. They use American debit cards complete with American address to purchase domains. In fact providers who sell these supply them with access to paid for proxies when they purchase these cards from them. This is just one example. Trying to follow the money trail is near impossible. Theoretically yes to what you are saying if we talked about an issue in a single country where everybody was law abiding, we had real registration details, where had honest registrars, there we no criminal resellers. However we are not. We are crossing international borders with the average consumer simply being cannon fodder. This is the real world scenario. The problem is simply that if we do not resolve this, at some stage authorities will get involved and we may lose a lot, not just only privacy. Look at the .US TLD. Derek