[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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