[20047] in North American Network Operators' Group
Re: Is the .to (Tonga) domain completely rogue and should be removed?
daemon@ATHENA.MIT.EDU (Steven J. Sobol)
Thu Oct 1 19:43:45 1998
Date: Thu, 1 Oct 1998 19:25:17 -0400
From: "Steven J. Sobol" <sjsobol@nacs.net>
To: Gary R Wright <gwright@connix.com>
Cc: "Steven J. Sobol" <sjsobol@nacs.net>, Karl Mueller <karl@best.net>,
Barry Shein <bzs@world.std.com>, nanog@merit.edu
In-Reply-To: <199810011459.KAA04059@comet.connix.com>; from Gary R Wright on Thu, Oct 01, 1998 at 10:59:23AM -0400
On Thu, Oct 01, 1998 at 10:59:23AM -0400, Gary R Wright wrote:
> "Steven J. Sobol" writes:
> > > Certainly the legal confusion surrounding the gtld's shouldn't
> > > be used as a rational for not developing a process (which is
> > > what Barry suggested) for attending to problems associated with
> > > the country code domains.
> >
> > What sort of problems?
>
> Trademark/service mark conflicts come to mind. But in general I
> would say one function of a legal system is to mediate disputes.
That, of course, is what NSI does. They disclaim responsibility for
arbitrating intellectual property disputes, and since they are not a
legislative or judicial agency, I'd have to say that is the correct
decision.
> Barry raised an issue (valid or not, take your pick) and asked if
> we should have a system by which disputes related to Internet
> facilities (such as domain name space) could be handled.
Right.
> To be more specific, an entity utilizing the .TO domain name was
> misrepresenting themselves using Barry's domain in .COM. Now
> perhaps if Barry's domain was world.std.com.US he would have a more
> obvious legal process by which he could defend his use of
> world.std.com.US because it would clearly be within the name space
> assigned to the United States.
No, I don't necessarily think so. When something is done that is actionable,
either civilly (e.g. forgery of Barry's domain) or criminally (smurf attack),
I don't see how it's possible to judge jurisdiction based on Internet domain.
--
Anyone who spams me will be subject to torture by Jake,
my killer attack hedgehog, and/or Lizzy and Junior, my man-eating iguanas.
