[governance] 'US seizes domain name of Spanish company selling

Carlos Afonso ca at rits.org.br
Wed Mar 12 12:32:28 EDT 2008


Thanks, Bret, for the insightful comments as usual. I think it is indeed 
a major theme for at least an IGF main workshop.

fraternal rgds

--c.a.

Bret Fausett wrote:
> 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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