Re: [ga] Request to ban Basque nationalist sites via DNS

[Alexander Svensson <alexander@svensson.de>]

Hello Vittorio,

At 01.09.2002 10:31, Vittorio Bertola wrote:
>On Sat, 31 Aug 2002 17:37:11 +0200, you wrote:
>
>>>Spain steps up pressure on Basque militants at home and abroad
>>(...)
>>>Spanish prosecutors Friday also requested Judge Garzon to apply to the 
>>>Australian government and The Internet Corporation for Assigned Names 
>>>and Numbers, based in the United States, to ban Batasuna web sites 
>>>including www.batasuna.org, www.euskal-herritarrok.org et 
>>>www.batasuna-barakaldo.org.
>
>Well - the usual display of ignorance. Even supporters of the "strong
>ICANN" model don't think that ICANN should ever be able to "ban web
>sites" :-)

We probably have to be a bit careful here: This is an English AFP
translation of a French AFP report on what Spanish newspapers
are reporting about the plans of Spanish prosecutors -- there
may be some distortion along the way.

That said, I don't think you would need to use the "trademark approach".
The UDRP says:

 (3) We [the registrar] will cancel, transfer or otherwise make changes 
     to domain name registrations under the following circumstances: 
     (...)
  b. our receipt of an order from a court or arbitral tribunal, in 
     each case of competent jurisdiction, requiring such action; (...)

This is not limited anywhere to disputes about trademarks and
Judge Garzon's court could require such action. We had such cases
before (remember vote-auction.com?).  I don't think it would be wise 
-- mirror sites would spring up, naive people would probably
take Batasuna for the voice of the Basque people -- and I'm strictly 
against any role for ICANN in this. 

Best regards,
/// Alexander

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