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

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

I think it has be kept in mind that it is the REGISTRARS who are doing 
business with registrants, not the registries.  The customers of the 
registries are the registrars.  Therefore, it is the registrars who have the 
responsibility to abide by the embaro laws of the US if they are US 
based.  It is the responsibility of the US based Registries to do 
business with registrars based in US embargoed countries.

Therefore, the NSI registrar, for example would be responsible for the 
sale of domains to an embargoed country.  But the VGRS would be 
responsible for not doing buisnesss or contracting with a registrar from 
an embargoed country.

Any attorneys want to comment on this? Please?

[I am not an attorney, and this is my opinion only]

Leah

On 3 Dec 2001, at 16:38, Jeff Williams wrote:

> Joseph and all assembly members,
> 
> Joseph wrote:
> 
> > Roeland,
> >         Sorry, I accidentally did not send my previous post to the GA. 
> >         I'm doing
> > so now.
> >
> > Roeland Meyer:
> > >>> If MY registered for embargo'd registrants then NSI might have to
> > >>> block
> > MY from the root-zone. NSI is a US registry under contract to US DOC.
> > AFAICT, there are contingent liability problems otherwise, for NSI. This
> > is what I was saying four years ago, policies at the root registry push
> > down to the sub-registries and registrars. Especially, those that are
> > based in real laws. It all depends on the jurisdiction of the registry
> > and its upstream. *** As I am not a lawyer, I can only state my opinion. 
> > And my opinion is that the above is false/cannot be done.  If NSI have to
> > block MY from the root-zone, US must have a clear sanction against MY.
> 
>   But the US does not have to block all of the .MY name space, only those
> 2nd level domain names that may be harboring terrorists or in some way
> supporting them.  This is what Roeland was getting at.  Hence you
> contention here Joseph is overkill and does not address the concern in a
> manner that is necessary.
> 
> >  This is like saying
> > that US will stop economic ties to countries that sells food to
> > Afghanistan.
> 
>   Well the US  won't, but we could.  However this analogy is also not
> appropriate to what Roeland was saying either. (See above my comments)
> 
> >
> > It is a whole chain reaction ending up that US having to sanction all
> > countries in the world.  A sanction is a direct ban.  Not indirectly.
> 
>   There are many levels of sanctions that the US could impose and does
> presently.
> 
> >
> >
> > regards,
> > - Joseph LEE (Fook Heng)
> > =========================
> >
> > -----Original Message-----
> > From: Roeland Meyer [mailto:rmeyer@mhsc.com]
> > Sent: Monday, December 03, 2001 5:14 PM
> > To: 'Joseph'
> > Subject: RE: [ga] The Network Solutions contribution to international
> > terr or
> >
> > If MY registered for embargo'd registrants then NSI might have to block
> > MY from the root-zone. NSI is a US registry under contract to US DOC.
> > AFAICT, there are contingent liability problems otherwise, for NSI. This
> > is what I was saying four years ago, policies at the root registry push
> > down to the sub-registries and registrars. Especially, those that are
> > based in real laws. It all depends on the jurisdiction of the registry
> > and its upstream.
> >
> > --
> > 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.
> >
> > --
> > R O E L A N D  M J  M E Y E R
> > Managing Director
> > Morgan Hill Software Company
> > tel: +1 925 373 3954
> > cel: +1 925 352 3615
> > fax: +1 925 373 9781
> > http://www.mhsc.com
> >
> > |> -----Original Message-----
> > |> From: Joseph [mailto:fhlee@tm.net.my]
> > |> Sent: Monday, December 03, 2001 1:13 AM
> > |> To: Roeland Meyer
> > |> Subject: RE: [ga] The Network Solutions contribution to international
> > |> terror |> |> |> Hi Roeland, |> |>      <snip> ... 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.] |> *** Can you please
> > elaborate on the [text] please?  ccTLDs |> may/may not be |> managed by a
> > US company/incorporation. If I run a .my ccTLD |> registry, and my |>
> > country does not have a sanction/embargo against the |> registrant's
> > country, I |> [should] be able to accept the registration. |> |> |>
> > regards, |> - Joseph Lee (Fook Heng) |> ======================== |>
> >
> > --
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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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