RE: [ga] The Network Solutions contribution to international terr or

["L Gallegos" <jandl@jandl.com>]

On 2 Dec 2001, at 23:56, Roeland Meyer wrote:

> 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 ...

I think that if you refer to a couple of recent posts from John Berryhill, 
you will find that non US registrars would not be prohibited from doing 
business with US embargoed countries and that registries  simply 
reflect those registrations.  The customers belong to the registrars from 
whom they collect the money.  The registry is just a record keeper.

> --
> 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.

I don't necessarily disagree with your position, Roeland.  It's simply a 
matter of jurisdiction.  I doubt the US could enforce or restrict a 
registrar's doing business if it based off shore unless it falls under 
specific treaty.  Then there are those registries that are not US based.  
There are no restrictions on their businesses.  That includes the 
ccTLDs, and some of the new TLDs.  The other side of the coin is that 
the registrars for those TLDs who are US based *do* fall under the 
embargo laws.

It's still not a simple matter, though.  As William said, anyone could 
register a domain - even in the US - with a US address.  The domain 
could be anything, including Hamas or other named terrorist names.  It 
would not be an illegal act to register the name as long as the registrant 
is not in an embargoed country.  Problem still not solved.

Leah


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