RE: [ga] Re: Redelegation issues

["John Berryhill" <john@johnberryhill.com>]

> John, if we go by your treasury argument, then at least the
> leading 25 .com
> registrars are already in violation of the law by selling
> thousands of names to
> citizens of Iraq & Libya. Do a whois query and you will find out
> for yourself.


That is correct, as we have discussed before Mr. Alnajjar.  For example,
Global Domains International provides domain registration for iraqtv.ws,
which is operated by the Iraqi SCIS to broadcast Iraq's satellite television
service.  Technical support for this Iraqi government operation is provided
by Akamai.

The Iraqi government recently had to move uruklink.net from Register.com,
through a progression of US registrars, and ultimately to a Swedish
registrar.  That Swedish registrar, however, is now in violation of the
relevant Swedish regulations implementing the EU version of the UN Security
Council resolutions relating to trade with Iraq.

> In my personal opinion, the role and interaction of ICANN is no
> different than
> that of communications companies providing long distance services to the
> countries you mention here, isn't it?

Your personal opinion differs with the law.  OFAC regulations general
contain an exemption for telecommunication connectivity services.
Additionally, there are countervailing treaty obligations relating to
telephonic communication services.

A domain name registration is a commercial service contract that is not
required for telecommunication connectivity.

Although the files relating to ICANN's negotiations with foreign governments
are among those for which ICANN imposes certain access conditions upon its
directors, the bottom line is that ICANN is not a telecommunication service
provider and is not covered by the relevant exemptions for the services
which ICANN purports to be negotiating with the respective governments of
these countries.

If they have obtained a license from the US Treasury department, they
certainly have not disclosed that fact.


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