Ed Felten asks interesting questions regarding the Spamhaus.org case. You can read his post for details, but basically, Spamhaus.org has ignored a ruling in which it should pay a plaintiff for damages and publish a declaration stating that it has erroneously published the plaintiff in its “spammers” lists. It might be possible that a court rules that Tucows (as the registrar managing the domain registration) and/or ICANN has to withdraw the name assignment of Spamhaus.org, so that the domain ceases to exist. Felten’s questions are:
- Is it appropriate under U.S. law for the judge to do this?
- If the spamhaus.org is revoked, how will spamhaus and its users respond?
- If U.S. judges can revoke domain name registrations, what are the international implications?
As for question 1, I reserve my opinions. …
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