Interesting People mailing list archives
Re: Nothing like prior constraint. No courts just NetSol!!! Internet company suspends politician's website over Qur'an film
From: David Farber <dave () farber net>
Date: Mon, 24 Mar 2008 01:49:34 -0700
________________________________________ From: dhc2 () dcrocker net [dhc2 () dcrocker net] Sent: Monday, March 24, 2008 1:07 AM To: Steve Crocker; David Farber; ip Subject: Re: [IP] Re: Nothing like prior constraint. No courts just NetSol!!! Internet company suspends politician's website over Qur'an film A rare Crocker-vs-Crocker exchange for IP... Steve,
From: Steve Crocker [steve () shinkuro com] Sent: Sunday, March 23, 2008 7:17 PM Of course, protection of expression regarding the Qur'an is only one part of the overall equation. Sale of Nazi memorabilia, child porn, phishing and other phenomena also draw attention and create calls for controlling content or finding out the identity of the purveyor. Your formula of limiting action unless it violates the laws of the home country doesn't address the issue of significant differences among countries.
ICANN imposes various administrative and operational requirements on gTLD registries. This includes a dispute resolution mechanism between a current holder and a claimant. Note that this mechanism works in spite of the diversity of trademark laws across the globe. What seems to be missing is a similar, independent mechanism for dealing with disputes between a holder and their registry, and especially one that limits the ability of a registry from taking capricious action against a domain holder. It appears that a registry can, in fact, be quite whimsical in blocking domain name-based access to the organization via the web or email. That's a pretty onerous power. It is one thing to permit registries to have whatever AUP they wish, and quite another to deprive domain holders from any protections to ensure reasonable application of the AUP. Independent of other formalities and niceties, it seems to me that ICANN should place an affirmative requirement on registries to document their case for removing access and that the case should be supplied to ICANN, or some other third party, for review. One could argue that there should independent prior approval before the domain name can be turned off. In other words, gTLD registries need to be accountable for depriving organizations from the ability to serve their users. d/ ps. This is a call to action for the ICANN community, not a complaint about ICANN failure. Making the sort of change I am suggesting will be neither quick nor easy and, ultimately, ICANN can "impose" the requirement only in response to community consensus. That's fine. Civil society participants in the ICANN community should consider this something constructive to pursue... -- Dave Crocker Brandenburg InternetWorking bbiw.net ------------------------------------------- Archives: http://www.listbox.com/member/archive/247/=now RSS Feed: http://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
Current thread:
- Re: Nothing like prior constraint. No courts just NetSol!!! Internet company suspends politician's website over Qur'an film David Farber (Mar 23)
- <Possible follow-ups>
- Re: Nothing like prior constraint. No courts just NetSol!!! Internet company suspends politician's website over Qur'an film David Farber (Mar 23)
- Re: Nothing like prior constraint. No courts just NetSol!!! Internet company suspends politician's website over Qur'an film David Farber (Mar 23)
- Re: Nothing like prior constraint. No courts just NetSol!!! Internet company suspends politician's website over Qur'an film David Farber (Mar 24)
- Re: Nothing like prior constraint. No courts just NetSol!!! Internet company suspends politician's website over Qur'an film David Farber (Mar 24)
- Re: Nothing like prior constraint. No courts just NetSol!!! Internet company suspends politician's website over Qur'an film David Farber (Mar 24)
- Re: Nothing like prior constraint. No courts just NetSol!!! Internet company suspends politician's website over Qur'an film David Farber (Mar 24)