But if I understand, ICANN´s mandate includes dealing with registries. If that the case, can ICANN mandate the registry to deal with the registar in cases like this? Am I asking the right question? -ed On Thu, Jun 10, 2010 at 3:43 PM, Wendy Seltzer <wendy@seltzer.com> wrote:
I'd say this is an overextension of ICANN's mandate. Who is ICANN to impose legal liability on registrants for uses of their domains (as opposed to for breaches of the contract with the registrar/registry)?
--Wendy
Beau Brendler wrote:
Regarding the draft advisory on RAA subsection 3.7.7.3 [ http://www.icann.org/en/compliance/reports/draft-advisory-raa-3773-14may10-e...], which is on the at-large agenda for discussion in Brussels, specifically the statement:
"the Registered Name Holder shall accept liability for harm caused by the wrongful use of the registered name unless the Registered Name Holder promptly identifies the licensee to a party that has provided the Registered Name Holder with reasonable evidence of actionable harm."
Does this apply to subdomains? For instance, in
http://www.walletpop.com/blog/2010/06/02/three-charged-in-xp-antispyware-201...
it's noted that bsa.safetydownload.com was a vector for serious malware
downloads that cost consumers around the world more than $100 million. The domain is still up and functioning, though you will probably have to turn off firewalls to access it, which I wouldn't recommend.
What is the chain of liability now and under 3.7.7.3? The registrant, OS
Portfolio Holdings, a domainer? The registrar, Bear Trap Domains (which is/was ICANN accredited, but now appears to be taken over by Oversee.net [ http://www.oversee.net/] which also now happens to own OS Portfolio? Is this a hijacked subdomain with no trail?
------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org
http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ica...
Visit the NARALO online at http://www.naralo.org ------
-- Wendy Seltzer -- wendy@seltzer.org phone: +1.914.374.0613 Fellow, Silicon Flatirons Center at University of Colorado Law School Fellow, Berkman Center for Internet & Society at Harvard University http://cyber.law.harvard.edu/seltzer.html http://www.chillingeffects.org/ https://www.torproject.org/
------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org
http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ica...
Visit the NARALO online at http://www.naralo.org ------
-- NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. If you have received this communication by error, please notify us immediately by e-mail, and delete the original message.