Re: [ga] rapid take-down procedures

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Danny and all,

  Glad you brought this issue up with the GA members here.
Very recently the Swedish police ordered a blocking of
access by Swedish citizens to a web site http://thepiratebay.org/
sponsoring Registrar:Key-Systems GmbH (R51-LROR),
for having "Kiddy porn" available from their web site for
download.  I reviewed this site and didn't find any "Kiddy porn"
but did find some stuff that was border line (non nudity).
Also see article:
 http://tech.blorge.com/Structure:%20/2007/07/06/the-pirate-bay-shut-down-again
and
 http://blog.brokep.com/2007/07/06/swedish-police-will-censor-the-pirate-bay
 http://child-abuse-trap.telia.se/#eng

So it seems that the Swedish police/govt method was a
good alternative for this sort of situation, it was wrongly
applied or applied for the wrong reasons.  And from
my perspective how casting false expressions becomes
a very harmful and dangerous game indeed.

Note of interest: As PIR/ISOC is the registry for .ORG and
thepiratebay.org registrar of record is Key-Systems GmbH (R51-LROR)
it seems that PIR/ISOC, where the ISOC is the "Good Right Arm" of
ICANN that ICANN, should have directed PIR to look into this
matter before it became a now public embarrassment for both
ICANN and PIR/ISOC.

Further....

  There were also so legal threat documentation provided
as a link on this web site, see: http://thepiratebay.org/legal
which came from some members of the RIAA whom have
folks who are members of the IPC and the BC.  As the
RIAA and it's sister organization the MPAA, are well
known for making such legal threat's and in the case of
the RIAA have filed many legal actions against registrants
some of which have been recognized as nuisance law
suites, one recently here in Texas against a mother and
her 12 yr old daughter, gives me great pause regarding
abuses of DCMA and take-down procedures.

Danny Younger wrote:

> WHOIS Working Group Chair Philip Shepard has proposed
> as an agenda item on Wednesday's call the following:
>
> Section 3.2 "REVEAL" versus "on request rapid take
> down by Registrar when timely RELAY or REMEDY fail".
>
> The issue of rapid take-down procedures should be
> significant interest to the community (as our
> experience with the DMCA provisions indicates that
> such procedures may quickly come to be abused by the
> Intellectual Property community -- see
> http://www.boingboing.net/2007/02/03/viacom_terrorizes_yo.html
> for additional recent commentary on the topic).
>
> I would recommend that the discussion in the WHOIS WG
> be monitored very closely.
>
>
> ____________________________________________________________________________________
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

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very often the accident of glory" - Theodore Roosevelt

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