Re: [ga] ICANN role in enforcing court orders in domain name disputes

[Jeff Williams <jwkckid1@ix.netcom.com>]

Jamie and all assembly members,

  Great story here Jamie.  What's really hilarious is Louis Touton
suggesting using the UDRP in China/Hong Kong and expecting that
to be an adequate solution as well as suggesting that his "Threat"
to the registrar to "Fulfill it's obligations"!  It show me that
Louis's legal prowess is almost nonexistent, which I already know
anyway from wayyy back...

James Love wrote:

> What is the policy with regard to ICANN using its power to regulate
> registrars to play a role in enforcing court orders?    I am interested in
> this because of a dispute over CNNews.com, a Chinese news site.   The
> registrar (Eastcom) is apparently in Hong Kong.  ICANN has recently written
> the registrar, telling them to turn over the domain to Time-Warner's CNN
> subsidiary.  There is a complicated legal dispute over whether or not the
> Virginia court has jurisdiction over Eastcom, and even whether or not the
> Virginia court has ordered Eastcom to do anything.  But CNN's lawyers wrote
> the ICANN, who then wrote Eastcom, and say that Eastcom is obligated to
> comply with the Virginia court order under terms of its accreditation
> agreement.  Some of the correspondence on this is here.
>
> http://www.cptech.org/ecom/jurisdiction/cnnews-icanncorrespondence2.pdf
> http://www.cptech.org/ecom/jurisdiction/CNNEWS.pdf
> http://www.cptech.org/ecom/jurisdiction/cnnews-fourthcircuitbrief.pdf
>
> It does not appear as though CNN has taken steps to ask the Hong Kong courts
> to enforce the Virginia court order, and it appears as though the Hong Kong
> parties would resist.
>
> Is there some policy guidance as to when ICANN should jump in and take
> matters into its own hands to enforce one nation's court orders in a cross
> border dispute over jurisdiction?  (There is no court order asking ICANN to
> do anything).
>
> See also Michael Giest's story below:
>
> ------------see also----------------------------------
> BNA's Internet Law News (ILN) - 4/10/02
>
> Compiled by Professor Michael Geist, BNA Consulting Editor.
> To contact Professor Geist directly, please send e-mails to:
> mgeist@uottawa.ca. For free subscription information, scroll
> to the end of this e-mail.
>
> DID ICANN TAKE SIDES IN CNNEWS.COM ACPA DISPUTE?
> An interesting dispute is brewing over the cnnews.com case,
> in which a Virginia court ordered the transfer of the domain
> using the in rem provisions of the ACPA.  With the registrar
> located in China, the Virginia court acknowledged it could
> not create a binding order in China.  Although CNN took no
> steps to enforce the judgement in China, ICANN apparently
> stepped in at their request, forwarding a request to the
> Chinese registrar asking that it "fulfill its
> responsibilities."  In defending the ICANN communication,
> ICANN counsel Louis Touton puzzlingly refers to the ICANN
> UDRP, which would seem inapplicable here.  Full
> correspondence trail at
> http://www.cptech.org/ecom/jurisdiction/cnnews-icanncorrespondence2.pdf
>
> --------------------
> James Love, mailto:james.love@cptech.org, http://www.cptech.org
> voice +1.202.387.8030, mobile +1.202.361.3040, fax +1.202.234.5176
>
> --------------------
> James Love, mailto:james.love@cptech.org, http://www.cptech.org
> voice +1.202.387.8030, mobile +1.202.361.3040, fax +1.202.234.5176
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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