Re: [ga] court oversight

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Martin and all,

  Yes it does.  It is clear, regardless of Veni's or Michael Fromkins's
opinions that ICANN itself can be held if ordered so, to direct it's
contracted registry and/ or registrar for Spamhaus's domain
name(s) to delete any and all domain names which Spamhaus may
use to conduct it's "Black list".

  Our members believe the Judge would be well advised to do so
as in doing so the public would be better served for obvious reasons
one of which would be to send a strong message to ICANN that
it has a serious contractual responsibility to stakeholders/users and
that the ICANN also is not above the law.

Martin Hannigan wrote:

> >
> > >
> > http://computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=standards_legal_issues&articleId=9004111&taxonomyId=146
> > >
>
> This article is interesting in the laymans perspective as to
> jurisdiction of the resources, i.e. when a resource is operated
> by a US corporation subject to the US Courts, it can and does
> make orders of a technical nature i.e. "terminate service" "seize
> equipment" and other things.
>
> It looks to me like the cleaner way to do this would be
> to order TUCOWS to lock the NS and then order the physical
> layer seized. My business experience tells me that they could
> easily get this order enforced as part of recovering the judgement
> that is already entered.
>
> We have a similar problem with root operators since 92% of the
> resources are run by US entities.
>
> -M<
>
> --
> Martin Hannigan                                (c) 617-388-2663
> Renesys Corporation                            (w) 617-395-8574
> Member of Technical Staff                      Network Operations
>                                                 hannigan@xxxxxxxxxxx

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k 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]
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