Re: [ga] Net-block issues

[Sandy Harris <sandy@storm.ca>]

"William S. Lovell" wrote:

> > On the other hand, an ISP or a registry should not be acting against its
> > customers for anything other than direct abuse OF the network. There are
> > laws against libel, trademark misuse, stalking, harassment, some types of
> > pornography, 'hate literature', slander, software 'piracy', ...
> >
> > All these forms of abuse ON the net are better dealt with by police and
> > courts than by system admins. Courts have legal authority to act on these
> > issues, experience and expertise, protections for the accused, standards
> > of evidence, ... Neither ISPs nor registries have any of those.
> >
> > There may be some exceptions for extremely blatant violators, where an
> > ISP or registry might reasonably help stop abuse, but when there is any
> > doubt at all, they should give their customers the benefit of that doubt.
> >
> > So, while I feel that having registries disconnect spammers is not a good
> > idea (mainly because I don't trust ICANN to come up with good guidelines
> > and NSI are themselves spammers), I do think you can make a far better
> > case for that than for having them try to enforce trademark restrictions.
> 
> All of the above hangs together perfectly.  It also leads to the key question,
> though.  Copying the phrase "Courts have legal authority to act on these
> issues, experience and expertise, protections for the accused, standards
> of evidence, ... Neither ISPs nor registries have any of those," a complete
> statement would be made if one added ICANN along with ISPs and
> registries, and with specific emphasis on trademarks.  ICANN, with its
> UDRP and other policy meddling, suffers from the same lack of legal
> authority, experience and expertise, protections for the 'accused,'
> standards of evidence, and soforth.
> 
> Bill Lovell

I agree completely.
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