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

Salanieta T. Tamanikaiwaimaro salanieta.tamanikaiwaimaro at gmail.com
Wed Feb 2 05:20:42 EST 2011


my apologies did'nt read the initial emails

On Wed, Feb 2, 2011 at 11:13 PM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

> Check out the second paragraph of the article in this link:
> http://www.dmwmedia.com/news/2011/02/01/us-seizes-domain-spainbased-sports-linking-site-rojadirecta
>
> "*Similar to the dozens of sites seized by the U.S. Dept. of Homeland
> Security's Immigration and Customs Enforcement (ICE) unit last November,
> Rojadirecta.org now features a notice from ICE that the site was seized for
> copyright-related violations*. "
>
> PS. I got this article from googling Rojadirecta, from JFC's email
> exchange.
>   On Wed, Feb 2, 2011 at 9:59 PM, parminder <parminder at itforchange.net>wrote:
>
>>   Further to below, Verisign admitted that the seizure action was done
>> through them (this is about the old case mentioned in my email). quoting
>> from below referred item.
>>
>> So, Adam, changing the registrar in the present case under discussion
>> would simply not have helped. So lets focus on the real problem, and a
>> possible solution to it.
>>
>> VeriSign sent this statement:
>>
>> VeriSign received sealed court orders directing certain actions to be
>> taken with respect to specific domain names, and took appropriate actions.
>> Because the orders are sealed, further questions should be directed to the
>> U.S. Department of Homeland Security.
>>
>>
>>
>> parminder wrote:
>>
>>
>>
>> Adam Peake wrote:
>>
>>
>> So, generic TLD are not really international, they are limited to US
>> corporations?
>>
>>
>>
>> No, it is the location of the registrar.  In Rojadirecta's case seems it
>> was GoDaddy a U.S. company.  Rojadirecta should have transferred their name
>> away from a US company as soon as they had trouble.
>>
>> Adam
>>
>>
>> Are you sure? Similar seizures earlier were done from the registry
>> operator level who runs the generic tld, verisign in that case
>>
>> see quote from
>> http://domainincite.com/icann-had-no-role-in-seizing-torrent-domains/
>>
>> Ben Butler, Go Daddy’s director of network abuse, has just provided me
>> with the following statement, via a spokesperson:
>>
>> It appears the domain names were locked directly by VeriSign. Go Daddy has
>> not received any law enforcement inquiries or court orders concerning the
>> suspension of the domains in question.
>>
>> Go Daddy has not been contacted by ICE or DHS on the domain names in
>> question.
>>
>>
>> The point is ICANN, tld operators and many top registrars all are subject
>> to US jurisdiction and will HAVE to to what US Laws seeks of them.... So the
>> question of an international treaty raised by Stephane. parminder
>>
>>
>>
>>
>>
>>
>>
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>> --
>> PK
>>
>>
>> --
>> PK
>>
>>
>> ____________________________________________________________
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