[governance] 'US seizes domain name of Spanish company selling Cuba trips'
Bret Fausett
bfausett at internet.law.pro
Wed Mar 12 12:19:09 EDT 2008
Several comments, one email. See below.
Ian Peter wrote:
> Can Anyone shed any light on this??
Check the archives of this list. We discussed this last week also (see
"a wave of the watch list")
Carlos Afonso wrote:
> There is a lot more. It seems the list of blacklisted domains
> related to Cuba (or the Cuba theme) is quite extensive.
More details of the sanctions program is here:
http://www.treas.gov/offices/enforcement/ofac/programs/ascii/cuba.txt
What's also worth mentioning is that any U.S.-based company can seek a
license from the U.S. to engage in business transactions with
companies on the list.
Lee McKnight wrote:
> As this thread suggests, the Internet has a levelling effect as now
> all nations can seek (and may feel they have cause to) apply laws
> extraterritorially.
Perhaps the effects are different, but haven't nations always been
able to use trade as a lever to apply their policy judgments
extraterritorially? The U.S. OFAC site makes the case that U.S. trade
embargoes go back to the War of 1812.
* * *
I keep coming to the conclusion that there's an IGF session in all
this. Lessons learned can be:
(1) if you want to be free from the judgments of other nations,
register in your ccTLD.
(2) for gTLDs, understand that your choice of registrar, and the
registration contract to which you agree, has implications about what
laws will govern your relationship to your domain name.
(3) same as (2) for any web host or email provider.
-- Bret
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