[governance] 3322.org seized by Microsoft from Chinese DNS service provider

[Norbert Bollow]

Salanieta T. Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com>
wrote:

> I don't feel that we need new legitimate international systems to
> address the problem of botnets.

I also certainly wouldn't ask for a "legitimate international systems to
address the problem of botnets" specifically, but I share the concern
that I believe Parminder was expressing, and I think that domain name
seizures by US courts when the domain name holder is outside the US
need to be either stopped or made subject to legitimate internationally
agreed rules.

It is part of the responsibility of courts to weigh the effects of an
order that is requested not only with regard to the litigants, but also
with regard to the public interest and with regard to innocent third
parties that might be affected. Third parties who would be affected by
the order must be given a fair opportunity to inform the court about
how they would be affected.

Does anyone seriously believe that in this case there was any chance
for the effects on the innocent third parties in China to be explained,
or appropriately weighted, or weighted as strongly as if they had been
US residents?

All website addresses and email addresses at subdomains of 3322.org
were destroyed by the seizure. In my understanding that was "arbitrary
or unlawful interference with" the "correspondence" of innocent
people, and therefore a human rights violation (see ICCPR [1], article
17).
[1] http://idgovmap.org/map/treaty/ICCPR

(IMO, if the US court did not consider the effects on the innocent
third parties, then the seizure was *arbitrary* interference. If the
court considered those side-effects but considered them justifiable,
then the seizure was *unlawful* interference, because US courts lack
jurisdiction to decide that the correspondence of a Chinese person in
China with other people in China may for some reason lawfully be
interfered with.)  

Greetings,
Norbert

-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t