RE: [ga] The Network Solutions contribution to international terror

[Roeland Meyer <rmeyer@mhsc.com>]

|> From: L Gallegos [mailto:jandl@jandl.com]
|> Sent: Sunday, December 02, 2001 9:51 PM

|> On 3 Dec 2001, at 5:09, Marc Schneiders wrote:
|> 
|> > I do not think it is a good idea that the US is going to  
|> >define what sites are politically acceptable in the DNS. 
|> 
|> I agree that the US should not define what *sites* are 
|> acceptible if they are within "free speech."  However, 
|> I also feel that US based registrars and hosting providers 
|> (not necessarily registries who are not themselves 
|> registrars) should have to follow the law and not do 
|> business with embargoed countries.
|> 
|> OTOH, if a non US based registrar accepts a registration from a US 
|> embargoed country and a hosting provider outside of the US provides 
|> services to that country also, the US has no jurisdiction whatsoever.

On this I might disagree. The registrar is still subject to US law. That
registrar should remove all registration data, of embargoed entities, from
all of their active zone files. Registrars are simply resellers for Registry
services. If they are registered with NSI then NSI has an obligation to
comply with US law. Downstream, this means that non-REGISTRARs cannot
register embargoed entities with a US-based REGISTRY. BTW, I don't see any
legal exceptions for ccTLD managers, under US embargo rulings, either.

This is only my interpretation of the law and ...
--
IANAL = I Am Not A Lawyer. Before taking legal action based on anything I
say or write, you are strongly encouraged to seek the advice of an attorney.

--
BTW, my personal opinion and feelings may not be in complete alignment with
this point. My only take on this is; Were I running a registry and and a
registrar (on or off shore, it doesn't matter) brought me such a registrant,
I would deny the registration and refer them to the embargo list. This, for
no other reason than, to limit my company's vulnerability to legal and
criminal liabilities, in my home jurisdiction.
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