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

[Roeland Meyer <rmeyer@mhsc.com>]

Excuse tytpo s/non-REGISTRARs/non-US REGISTRARs/

|> -----Original Message-----
|> From: Roeland Meyer [mailto:rmeyer@mhsc.com]
|> Sent: Sunday, December 02, 2001 11:56 PM
|> To: 'jandl@jandl.com'; ga@dnso.org
|> Subject: RE: [ga] The Network Solutions contribution to international
|> terr or
|> 
|> 
|> |> 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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