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ICANN Grants Temporary Reprieve to Spamhaus

Posted by ryuzaki0 on from the yet-i'm-still-getting-spamalanched dept.

daringone writes "ICANN released a statement that says they "...cannot comply with any order requiring it to suspend or place a client hold on Spamhaus.org or any specific domain name" They do, however leave the door open for the registrar that registered the domain name to then be forced to turn the lights off for Spamhaus."

3 of 271 comments (clear)

  1. Re:Huh? by masklinn · · Score: 5, Informative

    Basically, ICANN says that they've not been ordered to act and suspend the spamhaus.org domain, and even if they had they couldn't do it "because ICANN does not have either the ability or the authority to do so".

    They also state that ICANN is not party in the lawsuit and is not involved in it.

    They end their posting by stating that only spamhaus.org's registrar or the Internet Registry have the ability and authority to suspend an individual domain name.

    They close their posting by stating that this comment was made in response of the community's interest (in the ICANN's position on the matter).

    --
    "The way we can tell it's C# instead of Haskell is because it's nine lines instead of two." -- wadler
  2. TUCOWS by Dynamoo · · Score: 5, Informative
    spamhaus.org is registered by TUCOWS who are a Canadian company and thus not subject to Illinois law.

    (If you haven't been following the 360 Insight vs Spamhaus thing then you'll have no idea what's going on here!)

    --
    Never email donotemail@WeAreSpammers.com
  3. Re:Huh? by Stone+Pony · · Score: 4, Informative
    According to a very interesting analysis of the case which was originally linked from another /. story on this case a couple of days ago, Spamhaus's problem is that they tacitly accepted the court's jurisdiction at the start, which makes it very difficult to claim otherwise now:

    "Spamhaus may have waived personal jurisdiction as a defense early on in the case when they not only appeared, but then asked for the case to be removed from state court (where it was originally filed) and moved to federal district court (where it is today). Arguably, and this makes sense intuitively even if you don't understand the finer points of U.S. civil procedure, doing so inherently acknowledged the jurisdiction of the federal court."