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US Asserts Super-Jurisdiction Over Dot-Com, Dot-Net, and Dot-Org Domains

An anonymous reader writes "Michael Geist reports that last week State of Maryland prosecutors were able to obtain a warrant ordering Verisign, the company that manages the dot-com domain name registry, to redirect the website to a warning page advising that it has been seized by the U.S. Department of Homeland Security. The message from the case is clear: all dot-com, dot-net, and dot-org domain names are subject to U.S. jurisdiction regardless of where they operate or where they were registered. This grants the U.S. a form of 'super-jurisdiction' over Internet activities, since most other countries are limited to jurisdiction with a real and substantial connection."

51 of 395 comments (clear)

  1. Switch away from .com? by Strawser · · Score: 5, Insightful

    Won't this just encourage other companies, or even US companies, to switch to a national domain?

    --
    The louder he talked of his honour, the faster we counted our spoons. -- Ralph Waldo Emerson
    1. Re:Switch away from .com? by Kenja · · Score: 5, Insightful

      Of course. But then many of them already operate under international domains and just use the US .com domain to redirect to their main site. But I suspect that the people behind this legislation have no real idea how such things work.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:Switch away from .com? by Anonymous Coward · · Score: 5, Insightful

      I imagine that someone thought this was a creative way to attain a short-term objective (shutting down a web site) without regard to the long-term impact (loss of trust in the US).

      I sometimes think that's the difference between cleverness and wisdom.

    3. Re:Switch away from .com? by aaaaaaargh! · · Score: 3, Interesting

      Absofuckinglutely.

      That's why you would have to point your browser to solarmovie.eu instead of .com if you wanted to watch movies for free.

      But, of course, I do not recommend that, because it would presumably be illegal.

    4. Re:Switch away from .com? by Anonymous Coward · · Score: 5, Informative

      Just for sake of accuracy, this was a court ruling - and a state court at that, not legislation that passed.

    5. Re:Switch away from .com? by houstonbofh · · Score: 5, Interesting

      No, because most companies don't care to do illegal activity which will cause legal action to allow for this action against their domain. And if they don't fit into that category, chances are they are already on a different domain.

      This was a Canadian website doing something legal in Canada. We have turned a corner where obeying the law is no longer protection from arrest or confiscation.

      If you are the least big worried about it then you need to be working for legal reform rather than the stupidity which is this article. As if you have a problem with this, you have a problem with US law. Period. So please, let's stop having the dipshit of the week post more stupidity about a symptom that largely only creates problems for criminals. And if you disagree, then go fix the legal system rather than boo-hoo about how a legal system is doing perfectly legal things with the entities its largely created, nurtured, owns, and controls - as in, is clearly within its jurisdiction.

      It also creates a problem for forums, blogs, independent companies hosted at a provider that also hosts forums and blogs, file storage providers, cloud services... But you are absolutely correct in that we do need to fix the laws, and the people that believe in global projection of law to independent nations. And I say this from the US.

    6. Re:Switch away from .com? by click2005 · · Score: 4, Insightful

      Its The War On Drugs or The War Against Terror again..

      Thats so next budget they can say "Look we had a great year, we shut down X thousand websites but piracy is still on the increase so we need tougher laws and more taxpayer money spent".

      --
      I am a free slashdotter. I will not be modded, blogged, DRM'd, patented, podcasted or RFID'd. My life is my own.
    7. Re:Switch away from .com? by Anonymous Coward · · Score: 4, Insightful

      ...just use the US .com domain...

      Um, .com is an international domain for "commercial". The US domain is .us.

      That is why this situation is so disconcerting.

    8. Re:Switch away from .com? by compro01 · · Score: 3, Informative

      If there were a tld .bm I expect IBM would grab i.bm

      There is. .bm is Bermuda.

      However, you need to live in or be an organization or corporation registered in Bermuda to get a domain.

      --
      upon the advice of my lawyer, i have no sig at this time
    9. Re:Switch away from .com? by MisterMidi · · Score: 5, Insightful

      Yes, I have a problem with this. The US seem to be claiming jurisdiction over everything. ACTA anyone? Next thing you know I have to pay Uncle Sam taxes just because my site has a .com, .net or .org tld.

      What if I published a music video of a song written and performed by me, on my site, but a RIAAA member claims it's theirs (very realistic scenario since they even claim copyright to bird songs)? I'll tell you what will happen, it will be shut down by removing it from DNS, even though the server is not on US soil and they have no jurisdiction over the song, the site or me whatsoever. What would happen if I wrote and published a program that "violates" a software patent in the US, while I live in the EU and the EU doesn't recognize software patents? Yes, they will shut it down.

      The problem is US laws are getting more insane by the day, and then try to shove them down the throaths of the rest of the world. You bet I have a problem with this. If they want to have jurisdiction over the TLDs, they shouldn't sell them outside the US.

    10. Re:Switch away from .com? by suutar · · Score: 5, Insightful

      As a general principle, it affects any business with a .com domain. Who says a business cannot be targetted unless it's shady?

    11. Re:Switch away from .com? by VGPowerlord · · Score: 5, Insightful

      This is probably a big reason why GoDaddy has started marketing the .co domain. The US can't assert jurisdiction over Columbia's national domain.

      Of course, GoDaddy is the registrar that will just cut off your domain just because a big company asked it to, so trusting GoDaddy would be like trusting your enemy with a gun at your head.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    12. Re:Switch away from .com? by dyingtolive · · Score: 5, Informative

      Can you please cite some sites which do not participate in illegal activity who have suffered? AFAIK, the list is exactly zero. And in either case, can you please show where due process was denied?

      dajaz1.com
      http://news.softpedia.com/news/Mistakenly-Seized-Hip-Hop-Blog-Returned-to-Owner-After-One-Year-239685.shtml

      --
      Support the EFF and Creative Commons. The war is coming, and they're supporting you...
    13. Re:Switch away from .com? by Anthony+Mouse · · Score: 5, Informative

      This affects only some "gray businesses"

      You're making the assumption that the people handling this are responsible and well-informed.

      They're not.

      They took down the dynamic DNS domain mooo.com and replaced all 84,000 of its subdomains with a message insinuating that they had each been used for child pornography. They seized a totally innocent music blog called dajaz1.com for more than a year while filing sealed continuances in court and refusing to provide any information to the owners before giving it back without so much as an apology. They seized the domain for jotform.com, a site for making web forms, for no apparent reason with no notice.

      They're unaccountable bureaucrats playing games with nuclear weapons.

    14. Re:Switch away from .com? by idontgno · · Score: 3, Interesting

      the .com itself will only benefit as a legit business platform

      For sufficiently restrictive values of "legit". As in, considered legitimate in the 100% intersection of all jurisdictions within the United States (demonstrably, State and Federal courts; via court action, possibly municipal and other bailiwicks).

      So I suspect that .com will only be used for "mainstream" "wholesome" stuff that forms the lowest common consumer denominator, and anything with the faintest hint of controversy will vanish into clear air. Or other TLDs.

      BTW, I don't think anyone has formally espoused any kind of legal formulation providing rationale to seizing a .com domain administered from a foreign registrar, so I wouldn't feel too safe that there's some kind of logical or procedural safety in avoiding "default" TLDs. The US government could theoretically alter lookups of any specific DNS entry it wished to blacklist via its control of the world DNS root zones, and Verisign (yeah, them again) as the controlling contracted agent holding the root zones would probably act on such an order.

      Of course, when that happens, the rest of the world will form one or more alternate root zones and the US will have to live within its Great Firewall. Sad, but since the DNS system is driven by consensus, breaking consensus breaks DNS.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    15. Re:Switch away from .com? by elbonia · · Score: 5, Informative
      No the .com domain belongs to the US. .com, .net, .gov, .mil, .edu, .and org are ALL US domains. Since the US invented the internet through ARPNET those extensions do not need the .us at the end. This was specifically designed to follow the stamp model. The UK came up with the idea of standard postage and it's the only country not needed to identify itself.

      http://en.wikipedia.org/wiki/Postage_stamp_design#Country_name

      Jurisdiction is clearly under the control of the US. .com was originally made and administered by the US Department of Defense. Anyone can register and get a .com domain name but it's clearly under US jurisdiction.

      http://www.ntia.doc.gov/legacy/ntiahome/domainname/agreements/summary-factsheet.htm

    16. Re:Switch away from .com? by gmack · · Score: 3, Informative

      Except it made no difference whatsoever, from what I hear from what I'm hearing Bodog's credit card processor hasn't seen much change in their processing rates. Bodog was well prepared for this.

    17. Re:Switch away from .com? by fuzznutz · · Score: 3, Insightful

      And that makes it okay?

    18. Re:Switch away from .com? by david_thornley · · Score: 5, Insightful

      The Internet also decentralizes diplomacy. Right now, a state court is busy creating an international incident (how serious of one is another question). It used to be that diplomacy was handled at a high Federal level, and was overseen by people who are either competent to conduct diplomacy or powerful enough to influence the policies.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    19. Re:Switch away from .com? by Aaron+B+Lingwood · · Score: 5, Informative

      No the .com domain belongs to the US. .com, .net, .gov, .mil, .edu, .and org are ALL US domains.

      I refute this claim.

      [.com .org .net .edu .int ] were classified as 'World Wide Generic Domains' while [ .gov .mil .us ] were US-only according to RFC 1591 [^1]

      I highly recommend that you read the paper titled "WRONG TURN IN CYBERSPACE: USING ICANN TO ROUTE AROUND THE APA AND THE CONSTITUTION" by A Michael Froomkin. [^2]

      In 1998, ICAAN was formed and given management rights of the [ .com .net .org ] TLD's by the USC. In 2000, ICAAN's rights were formally recognized by the DoC and separate (and conflicting) agreements were signed. U.S government retained control of [ .int .edu ] domains and set restrictive polices on both (against the RFC). Please note that ICAAN is required to comply to RFC 1034, 1035 and 1591 [^3][^4]

      Today, we no longer have the 'World Wide Generic Domains'. These have been replaced with a different TLD system which specifies Generic Top Level Domains (gTLD) as domains that operate directly under policies established by ICANN processes for the global Internet community. [^5] [ .com .org .net ] are classified as gTLD's and thus are for the global Internet community. [^6]

      http://www.ntia.doc.gov/legacy/ntiahome/domainname/agreements/summary-factsheet.htm

      Nowhere in this factsheet does it say that [ .com ] etc belong to the US. This is simply regarding an agreement transferring management from the U.S government to ICAAN.

      I'll see you're source and raise you 6

      [^1] http://tools.ietf.org/html/rfc1591

      [^2] http://personal.law.miami.edu/~froomkin/articles/icann.pdf

      [^3] http://tools.ietf.org/html/rfc1034

      [^4] http://tools.ietf.org/html/rfc1035

      [^5] http://en.wikipedia.org/wiki/Top-level_domain

      [^6] http://en.wikipedia.org/wiki/Generic_top-level_domain

      --
      [Rent This Space]
    20. Re:Switch away from .com? by elbonia · · Score: 5, Informative
      This law article explains the situation in detail.

      http://www.law.umn.edu/uploads/x9/zx/x9zxd7nnmzDMMwHVC-aRHw/Sonbuchner-Final-Online-PDF-04.07.09.pdf

  2. Time to remove control from the US by Anonymous Coward · · Score: 3, Insightful

    I think it has now become vital to remove control of the internet's root services from the US. I'm sure the process is now underway.

    1. Re:Time to remove control from the US by nschubach · · Score: 5, Insightful

      And give it to whom?

      --
      Every time I start to have faith in humanity, I ruin it by driving to work between 7 and 8 am.
    2. Re:Time to remove control from the US by houstonbofh · · Score: 5, Informative
      Actually, lots are outside the US. http://en.wikipedia.org/wiki/Dns_root_servers#Root_server_addresses

      While only 13 names are used for the root nameservers, there are many more physical servers; A, C, F, G, I, J, K, L and M servers now exist in multiple locations on different continents, using anycast address announcements to provide decentralized service. As a result most of the physical root servers are now outside the United States, allowing for high performance worldwide.

      The question is if the company running them us US based? RIPE (Amsterdam) is not. Nor is WIDE (Japan), or Autonomica (Sweden). Once they stop accepting updates from US DNS, things will get ugly fast.

  3. Of course by Sarten-X · · Score: 4, Informative

    Last I knew, .com, .net, .gov, .mil, .edu, .org, and .us were all United States TLDs. For websites outside the US that want to keep all of their systems out of US jurisdiction, don't use a US-based domain name. Does this company also act surprised that the US government could access any US-based bank accounts it has?

    --
    You do not have a moral or legal right to do absolutely anything you want.
    1. Re:Of course by girlintraining · · Score: 5, Insightful

      Does this company also act surprised that the US government could access any US-based bank accounts it has?

      I suppose it would be. By taking this aggressively authoritarian stance on global commerce, the United States is threatening its own interests: The financial power of the US is tied directly to its financial markets. The US signed treaties with many countries that, even if war were declared, their assets would be left alone. For this reason, many countries use the dollar as their only form of currency, store their assets in US-controlled financial systems, etc. As a result, the US government is the largest bank in the world, by far. The internet is fast becoming the major driver of economic power worldwide, and the fact that the US is not putting its internet connections on the same level threatens its status as a superpower.

      Countries are moving away from the dollar. The Chinese is divesting itself of dollars every day, growing larger economically while we grow weaker. Corporations based in this country are outsourcing at a record pace, even during the longest recession in history. Everyone is jumping ship because the public policy the US government has instituted is no longer beneficial to them economically, politically, or even morally. In ten years, the United States will no longer be the dominant superpower. They won't be able to maintain a vast military, their infrastructure will have finally reached a point of decrepitation that requires such enormous capital investment versus the (now substantially reduced) economic benefit, that large sections of infrastructure will be abandoned or scaled back.

      In short, America is dying. And it didn't die because of a lack of natural resources, or because it was attacked by terrorists, or got hit with a natural disaster. It died because a select few people, perhaps less than 20,000, opted to raid the treasury, and then pass a bunch of laws to ensure the country never recovered.

      So yes, to see the US killing its last viable resource that could be used to keep it in the game is a bit surprising. Without a free internet, there's no reason to choose US labor, good, or services, over that of its competitors who, while they may have a restricted communication network, offer better economic opportunities (read: China).

      --
      #fuckbeta #iamslashdot #dicemustdie
    2. Re:Of course by shogarth · · Score: 5, Informative

      Not so much. Those were created while this whole Internet thing was a DoD/DoE/NSF (and other TLA) plaything. Anyone expecting that there would be a neutral, internationally managed jurisdiction was being idealistic and/or naive.

      The problem is that governments have an established interest in and right to set the ground rules within their respective jurisdictions. For most of the internet, that comes down to boxes in their physical territory and the relevant CcTLD. The US has a first-mover advantage (or headache) in that they also created the .ORG, .NET, .COM, .MIL, and .EDU zones and can make a reasonable jurisdictional claim to them.

      This is also why I think the open registration for TLDs is a bad idea. These jurisdictional issues are complicated enough (and will likely require a treaty or two to work out) without corporations in one country registering a TLD from a registrar in another to use for business worldwide. It's similar to the problem that had to be worked out internationally as corporate legal fictions became the norm in international commerce.

    3. Re:Of course by Fallingcow · · Score: 4, Funny

      It just so happens that the USA has a history of saying .com is ours, and due to their early adoption of the Internet they managed to get away with it.

      We need a "+1 unintentionally hilarious" mod option.

  4. *.is ? by J'raxis · · Score: 5, Interesting

    This would be an excellent opportunity for Iceland, which has been working on become a haven for free speech, to drum up a few million dollars worth of business for their ccTLD.

    1. Re:*.is ? by PlatyPaul · · Score: 3, Interesting

      They also no longer require residency (even though it was really just paperwork before for the claim), clarified last December. Cheap and easy, with quick and friendly response to questions.

      I have a 3-letter ".is" domain. Oh, and jrax.is seems to be free....

      --
      Misery loves company. Online misery loves unsuspecting random strangers.
  5. America fuck yeah! by Anonymous Coward · · Score: 5, Funny

    We invented it and we own it. Eat shit eurotrash. Make your own Internet and stop leeching if you don't like it.

  6. leave each country to run its own by Shivetya · · Score: 5, Insightful

    that way we don't have an international super committee which will bow to every petty demand that is brought before it. However even national ccTLDs arent immune as the US and other governments are not beyond threatening other countries, even allies (see the recent witch hunt after swiss bank accounts)

    Really think about it, an international group would most likely be within the domain of the UN and that would result is so many attempts to filter content that the internet we know now could never exist.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  7. How is this news? by Anonymous Coward · · Score: 5, Insightful

    "US Asserts Super-Jurisdiction Over [...]" seems to be rather standard.

    1. Re:How is this news? by GameboyRMH · · Score: 3, Insightful

      In this case the US is just making clear with words what they had already made clear with actions.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    2. Re:How is this news? by AK+Marc · · Score: 4, Interesting

      There was never any confusion on this point. The US asserted this was the case. The rest of the world asserted this was the case. The US made some hints they "wouldn't" but never backed down from the assertion that they *could*.

  8. Re:Well shit by joaeri · · Score: 4, Informative

    Just dont get it though GoDaddy or any other US based company or they can probably close down your site anyway.

  9. Re:Well shit by philip.paradis · · Score: 4, Interesting

    You should be aware that co is the ccTLD for Colombia, a country the United States enjoys a close relationship with. Well, it's a cozy relationship with one of their governments, anyhow. They've got the official government, the government with half the guns, and the government with most of the drugs. In any event, it's the official government that would be the issue if push came to shove over a domain.

    Also, GoDaddy pimping anything is frequently a good reason to avoid whatever they're pimping.

    --
    Write failed: Broken pipe
  10. Am I confused here? by fuzzyfuzzyfungus · · Score: 3, Interesting

    While I'm sure that the feds managed to do something tasteless and possibly illegal with this power, I'm a bit confused by the summary:

    In order to 'have' a FOO.com/.net/.org domain name, you have to pay for the appropriate registration with Verisign, a US corporation, who handles those domains. If the feds secure the appropriate court order, they can direct Verisign to have your FOO.com point to a different IP.

    Ok. Hasn't that always been the case?

    Some sort of argument that a site having a .com pointing to it placed the site, server(s), or operator(s) under US jurisdiction would be rather more dramatic; but the DNS record that points FOO.com to your IP has always been under American jursdiction...

  11. I doubt this is good even for short-term objective by F69631 · · Score: 3, Insightful

    There used to be a site called QuickSilverScreen. It was essentially a lot of links to videos uploaded to Megavideo and the like (you were able to browse by category, by show, by season, etc...). When it began attracting attention, it switched TLDs. I'm not sure whether it was originally .com or .net or what but it switched to .im and continued for a while like nothing would've happened. Eventually it was shut down and I'm not sure what kind of threats/laws were used for that but I'm pretty certain that attacking the domains had essentially no effect at all.

    I need to buy a few new domains soon and .com seemed like the obvious choice, but perhaps I'll go with .fi instead.

  12. How is this different? by Roogna · · Score: 3, Insightful

    How is this different from like Libya exercising control over the sites being hosted under .ly domains?

    "International law
    Shortened internet links typically use foreign country domain names, and are therefore under the jurisdiction of that nation. Libya, for instance, exercised its control over the .ly domain in October 2010 to shut down vb.ly for violating Libyan pornography laws. Failure to predict such problems with URL shorteners and investment in URL shortening companies may reflect a lack of due diligence.[19]"

    Not to say any kind of censorship is right, but at the moment, us treating the US based TLDs as, well, US based, is just the way jurisdiction has been being handled when it comes to domain names.

  13. What? by schroedogg · · Score: 5, Funny

    All your domain are belong to U.S.!

  14. US doesn't deserve the Internet by Anonymous Coward · · Score: 5, Insightful

    and the library of Alexandria still continues to burn

  15. That's a terrible idea by FreeUser · · Score: 5, Insightful

    Let countries maintain their own TLDs and give jurisdiction over the international ones to a UN body.

    That is a terrible idea. If you understood the simple fact that the UN does not, never has, and never will represent you or any other single, individual Human Being, you would understand the rediculousness of what you propose.

    The UN represents GOVERNMENTS, most of whome are actively oppressing their own people to one degree or another. Cede control of key Internet infrastructure to that organization, and you cede control to an organization that represents the interests of REGIMES, not people. Censorship, filtering, domain seizures, etc. will follow the path of least resistence, and the lower common denominator. Governments will be pleased, and rarely will one stand up for you unless a specific political interest crosses enough borders, and gains enough attention (e.g. maybe Tibet, or Dafur, certainly not YOU, me, or anyone else on slashdot, in the EFF, the FSF, etc.).

    You think American suppression of speech is bad? It is, but no where near as bad as it will be if we cede that authority "to a UN body."

    --
    The Future of Human Evolution: Autonomy
  16. Re:There's no "superjurisdiction" here. by green1 · · Score: 5, Insightful

    How did we ever get to a point where suggesting a move from US jurisdiction to Russian jurisdiction to avoid abuses of government power actually sounds reasonable???

    How sad a state of affairs this truly is.

  17. Re:I've been getting several emails by houstonbofh · · Score: 4, Funny

    These guys might not like that... http://www.parliament.uk/ But with this site they may be on to something... https://www.whitehouse.gov/

    More amusingly the ssl is broken, so it comes up with the "This Connection is Untrusted" message. Truer words were never written...

  18. Re:Is anyone surprised? by rtfa-troll · · Score: 5, Insightful

    They invented it, so they ought to have the right to control it.

    I agree 100%. A Scotsman called John Logie Baird invented the scanviewing screen. Every single viewing screen in the world (computer monitor; TV; security monitor; infra-red main battle-tank target sighting system; space ship piloting screen etc. etc.) should be routed, at the owner's expense, through a centre in Scotland so that the Scots can ensure their control over what is viewed on those screens.

    My only fear is what the Chinese are going to do with their right to control your use of toilet paper.

    --
    =~ s,(.*),<sarcasm>$1</sarcasm>,g if any_point_you_wish();
  19. Do we need to handle disputes centrally? by ODBOL · · Score: 3, Interesting

    Perhaps it's time to move away from total dependence on domain names. Their value comes inherently from qualities that invite dispute.

    With search services, it's quite possible to find hosts that have no domain name at all. I can't post my favorite example, because the server has insufficient power to handle lots of hits, but such things definitely exist. There's still some problem with control by the search companies, but there's a finer granularity of competition there.

    Once you get to a given host, you can determine whether it's World Wrestling or World Wildlife. That doesn't have to be certified (very unreliably) by a DNS registrar.

    --
    Mike O'Donnell http://people.cs.uchicago.edu/~odonnell/
  20. Re:I doubt this is good even for short-term object by GameboyRMH · · Score: 4, Interesting

    TPB has also switched to an .se domain, that they forward to by default. But with TPB now being DHT-only and magnet-link-only, and even more easily mirrored, it would be stupid and pointless to take it down.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  21. Don't like it? We'll drop an A-Bomb on you! by Newer+Guy · · Score: 3, Interesting

    Seriously though, is there any doubt that the USA is fast becoming the schoolyard bully of the world? And we wonder why other countries hate us so!

  22. Re:I doubt this is good even for short-term object by Ihmhi · · Score: 5, Interesting

    The Oatmeal describes this phenomenon perfectly.

  23. Very Clear by fuzznutz · · Score: 3, Insightful
    Let's look at the whole quote:

    [...]they are shutting down domains on the f'ing internet, not firebombing the Vatican. It sucks for those involved, it's wrong, but nobody is dying as a result of it.

    It sounds to me as long as nobody gets killed, you think it's acceptable collateral damage even though you recognize it's wrong. I think it's unequivocally unacceptable anytime the government takes away somebody's property, liberty, livelihood, or reputation unjustly in its zeal to combat the boogeyman du jour.