[governance] Re: Why the unilateral US control over generic TLD is dangerous

Roland Perry roland at internetpolicyagency.com
Tue Feb 1 15:03:09 EST 2011


In message <20110201193319.GA17670 at sources.org>, at 20:33:19 on Tue, 1 
Feb 2011, Stephane Bortzmeyer <bortzmeyer at internatif.org> writes

>> would it be more acceptable if that kind of "deletion" was done by
>> order of a court in the USA (rather than the government or the
>> police acting unilaterally), which an organisation based in the USA
>> would probably want to comply with, even if not served via a law
>> enforcement agency?
>
>I do not think so since .ORG is, de facto, an international TLD. Why
>would an US court have more rights than the spanish courts which
>decided twice that this site was legal in Spain?

Every organisation has to be under the jurisdiction of one court or 
another. The obvious one to choose is where your corporate HQ is, 
although as time passes then the location of servers can become just as 
important.
-- 
Roland Perry
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