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Re: [ga] Immunity/Jurisdiction and IGOs
- To: ga@xxxxxxxxxxxxxx
- Subject: Re: [ga] Immunity/Jurisdiction and IGOs
- From: jwkckid1@xxxxxxxxxxxxx
- Date: Mon, 3 Dec 2007 01:52:03 -0600 (GMT-06:00)
George and all,
UN.ORG's DNS is also misconfigured, and badly so.
See:
http://private.dnsstuff.com/tools/dnsreport.ch?domain=un.org&token=07a0e0e6ff89086a0160ef742e61c019
I believe however, but am not sure that the UN has a level
of diplomatic immunity that would allow UN.ORG to be immune
from US jurisdictional legal consideration. Perhaps contacting
James Tierney regarding this would be in order?
Regards,
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
Abraham Lincoln
"Credit should go with the performance of duty and not with what is very
often the accident of glory" - Theodore Roosevelt
"If the probability be called P; the injury, L; and the burden, B; liability
depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of
Information Network Eng. INEG. INC.
ABA member in good standing member ID 01257402 E-Mail jwkckid1@xxxxxxxxxxxxx
Phone: 214-244-4827
-----Original Message-----
>From: George Kirikos <gkirikos@xxxxxxxxx>
>Sent: Dec 2, 2007 7:02 PM
>To: ga@xxxxxxxxxxxxxx
>Subject: [ga] Immunity/Jurisdiction and IGOs
>
>
>Hi folks,
>
>Given the debate over a separate dispute resolution procedure for IGOs,
>e.g.:
>
>http://www.circleid.com/posts/710118_short_domain_names_igo_udrp/
>
>I was pondering the issue of "immunity" and IGOs. In particular,
>consider that the United Nations is the registrant of the domain
>un.org:
>
>http://whois.domaintools.com/un.org
>
>In order to register that domain through Network Solutions, the current
>registrar, they had to agree to the NSI agreement, which specifies
>jurisdiction!
>
>http://www.networksolutions.com/legal/static-service-agreement.jsp
>
>"21. GOVERNING LAW.
>a. You and Network Solutions agree that this Agreement and any disputes
>hereunder shall be governed in all respects by and construed in
>accordance with the laws of the Commonwealth of Virginia, United States
>of America, excluding its conflict of laws rules. You and we each agree
>to submit to exclusive subject matter jurisdiction, personal
>jurisdiction and venue of the United States District Court for the
>Eastern District of Virginia, Alexandria Division for any disputes
>between you and Network Solutions under, arising out of, or related in
>any way to this Agreement (whether or not such disputes also involve
>other parties in addition to you and Network Solutions). If there is no
>jurisdiction in the United States District Court for the Eastern
>District of Virginia, Alexandria Division, for any such disputes, you
>and we agree that exclusive jurisdiction and venue shall be in the
>courts of Fairfax County, Fairfax, Virginia."
>
>So, are IGOs like the UN attempting to claim that the registration
>agreements are not binding upon themselves? Perhaps the matter they
>raised is deeper than we think....if they actually "won" a DRP, how can
>they then agree to a jurisdiction in their agreeement with their own
>registrar?
>
>If the UN doesn't agree, for example, that "exclusive jurisdiction and
>venue shall be in the courts of Fairfax County, Fairfax, Virginia"
>perhaps NSI should take back the un.org domain name? (and then the UN
>can shift to its un.int domain)
>
>Sincerely,
>
>George Kirikos
>http://www.kirikos.com/
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