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

[Kerry Brown]

My understanding is they redirected "took control" of several subdomains of the second level domain 3322.org. This would make them third level domains. I agree that theoretically the US courts could try to compel ICANN to do something like this at the root level. I don't think that would happen for reasons both technical and political. I could very well be wrong.

Kerry Brown

> -----Original Message-----
> From: Norbert Bollow [mailto:nb at bollow.ch]
> Sent: September-24-12 10:44 AM
> To: governance at lists.igcaucus.org
> Cc: Kerry Brown
> Subject: Re: [governance] 3322.org seized by Microsoft from Chinese DNS
> service provider
> 
> Hi Kerry,
> 
> your response sounds like you may have missed one of the main points
> about the 3322.org takedown: 3322.org had a role similar to one of the ways
> in which one of the new gTLDs might conceivably be used. I am not talking
> about a hypothetical demand "to block or redirect one second level domain
> or several third level domains at the root level", but I'm asking about
> whether we have any assurance that ICANN won't be subject to a US court
> order to take down an entire foreign-based gTLD for reasons of non-
> compliance with US views on how "piracy"
> should be combated.
> 
> Greetings,
> Norbert
> 
> Kerry Brown <kerry at kdbsystems.com> wrote:
> 
> > To date this hasn't happened. For many reasons, both technical and
> > political, I think it unlikely to happen. It's easy to change a second
> > level record in a TLD name server or a third level record in a DNS
> > host's name server. It's not so easy to block or redirect one second
> > level domain or several third level domains at the root level.
> > It would introduce more complexity at the root level.  It can
> > certainly be done but I think it is unlikely it would be.
> >
> > Kerry Brown
> >
> > > -----Original Message-----
> > > From: Norbert Bollow [mailto:nb at bollow.ch]
> > > Sent: September-24-12 9:29 AM
> > > To: governance at lists.igcaucus.org
> > > Cc: Kerry Brown
> > > Subject: Re: [governance] 3322.org seized by Microsoft from Chinese
> > > DNS service provider
> > >
> > > Kerry Brown <kerry at kdbsystems.com> wrote:
> > >
> > > > I think some successful gTLDs in jurisdictions other than the US
> > > > may over time solve the problem. Consumers will have a choice of
> > > > which jurisdiction they want their domain to fall under.
> > > > They have that now with ccTLDs but more choice is always better.
> > >
> > > Do we have any assurance that if a gTLD applies policies that are
> > > not in line with US law, the same thing that has happened to
> > > 3322.org won't happen to that gTLD? Isn't ICANN under US
> > > jurisdiction as much as the .org registry is?
> > >
> > > Greetings,
> > > Norbert
> >


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