[governance] today's Wash Post editorial

Suresh Ramasubramanian suresh at hserus.net
Fri Jan 25 21:36:51 EST 2013


This is one of those situations where a nation can and will exert it's 
sovereignty on entities located in its jurisdiction.

If they had used say a es domain and somehow fallen foul of Spanish law 
this would have happened to them there too, or if it were compliant 
with Spanish law they would typically not face this issue. At least not 
without the doj having to deal with their counterparts in Spain

--srs (htc one x)



On 26 January 2013 6:57:42 AM McTim <dogwallah at gmail.com> wrote:
> On Fri, Jan 25, 2013 at 6:04 PM, Norbert Bollow <nb at bollow.ch> wrote:
> > McTim <dogwallah at gmail.com> wrote:
> >> > warrant. The scenario is this: "ICE decides that one foreign TLD
> >> > registrar
> >>
> >> I think you mean "registry"  here.
> > Yes.
> >>  is in the business of directing
> >> > users to websites violating the US understanding of what copyright
> >> > law should say, and further decides to treat that TLD registrar
> >> > analogously to how Rojadirecta was treated". I don't pretend to know
> >> > whether ICE would seek to serve the warrant to be served to ICANN
> >> > (as IANA operator) or Verisign (as root zone maintainer)
> >>
> >> neither to the IANA operator or rootzone maintainer.
> >>
> >> As they did in the rojadirecta case, they would go to the registry
> > If the registry is outside the US, like Rojadirecta was, how would they
> > "go to the registry"?
>
>
> the registries were in the U.S. in the rojadirecta case!!
>
>
> >
> >> So you are hypothesizing that if for example ICE took exception to
> >> mega.nz (or mega.co.nz), they would go to ICANN or VRSN to take .nz
> >> from the root?
> >
> > No... that's totally unplausible
>
>
> no more implausible than your hypothetical.
>
> Speculating further on either doesn't seem to be helpful at this point.
>
>
> --
> Cheers,
>
> McTim
> "A name indicates what we seek. An address indicates where it is. A
> route indicates how we get there."  Jon Postel
>



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