[registrars] Interesting legal developments

["Michael D. Palage" <michael@palage.com>]

The recent case of Greg Lloyd Smith v. Intercosmos Media Group (2002 U.S.
Dist. LEXIS 24251) is a must read for registrars. In this case plaintiffs
sued the registrar for defamation and liable based upon the actions of its
customer that had registered several second level domain names. The
plaintiffs argued that the registrar was negligent for failing to block the
websites and not revoking the domain name registrations after advising the
registrar that the domain names were registered under a fictious name. The
court held that the plaintiffs claims were precluded by the immunity
afforded under Section 230(c)(1) of the CDA. Summary judgment was granted in
favor of the Registrar.

The other interest case was the recent victory of Register.com against
Domain Registry of America (DOA) Inc, requiring DOA to halt certain
marketing practices. See http://biz.yahoo.com/djus/021230/1233000243_1.html.

Best regards,

Michael D. Palage