ICANN Grants Temporary Reprieve to Spamhaus
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."
ICANN cannot execute the court order because they do not have the authority to do so, and they are claiming that the court would have to go after the registrar through which the domain was registered, as they would have the contractual obligation with spamhaus.org.
Also, they posted this message as a response to community interest.
Bravo ICANN. Well executed.
What? Some one sues you in some obscure court in Hong Kong, and the court does not reject it out of hand saying it does not have jurisdiction, and you are liable for any summary judgement awarded because you did not appear in Hong Kong?
sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
Well, they do run business in the US, so who knows how it would unfold; I'm not familiar with how much tucows cares about such things or if they'd just cave.
But, I can see it now
e360: We need you to shut off this domain
tucows: why?
e360: Because they broke US law
tucows: But the owner of record is in the UK, so we can't do that
e360: Yeah, but ICANN said they can't stop it
tucows: So why should we?
e360: OK, we'll take you to court
judge: WTF? You're suing a Canadian company, to turn off the domain of a UK company, because a US company felt they were unfairly treated by someone complying with UK law?
But, most importantly, shouldn't spamhaus be able to transfer their domain to a UK based registrar which will then be able to tell them to go get bent? Or is tucows one of those registrars which doesn't actually let you move your domain registration out of them? (Something which I've never understood either)
Cheers
Lost at C:>. Found at C.