[governance] A Wave of the Watch List, and Speech Disappears

[Bret Fausett]

On Mar 7, 2008, at 3:08 AM, Bertrand de La Chapelle wrote:
> My questions were related to the hypothesis of such an order being  
> given by a court in the US (as per Milton's comment) towards a  
> registrar that would be elsewhere.

This happens with some frequency. (a) Foreign registrar is sued in the  
U.S. (b) Foreign registrar fails to appear in the U.S. court. (c) The  
plaintiff gets a judgment against the foreign registrar commanding it  
to do something (or for money damages).

At this point, the Plaintiff can seize any assets of the foreign  
registrar that are in the U.S. as a means of securing the judgment. If  
there are no assets in the U.S., the Plaintiff must take the judgment  
to the foreign registrar's home jurisdiction and ask the courts in the  
foreign country to honor the U.S. judgment. Whether or not a country  
will honor a U.S. judgment depends on many factors, such as whether  
the U.S. would in turn honor that country's judgments and the  
perceived fairness of the U.S. proceeding, including whether the  
foreign court believes the U.S. had jurisdiction over the foreign  
registrar.

Now substitute "foreign company" for "foreign registrar," and you'll  
see an even bigger body of similar case law. We all learn this in law  
school, as it comes up with from time to time.

       -- Bret
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.cpsr.org
To be removed from the list, send any message to:
     governance-unsubscribe at lists.cpsr.org

For all list information and functions, see:
     http://lists.cpsr.org/lists/info/governance