TechDirt have reported that EasyDNS have been victorious in their pursuit of due process when it comes to seizure of Domains by the City of London Police.
As you may be aware, the City of London Police’s new intellectual property crime unit took it upon themselves to seize domains they believed were involved in copyright infringement and some registrars co-operated without even asking for a warrant or court order.
Thankfully EasyDNS had this to say;
Who decides what is illegal? What makes somebody a criminal? Given that the subtext of the request contains a threat to refer the matter to ICANN if we don’t play along, this is a non-trivial question. Correct me if I’m wrong, but I always thought it was something that gets decided in a court of law, as opposed to “some guy on the internet” sending emails. While that’s plenty reason enough for some registrars to take down domain names, it doesn’t fly here.
We have an obligation to our customers and we are bound by our Registrar Accreditation Agreements not to make arbitrary changes to our customers settings without a valid FOA (Form of Authorization). To supersede that we need a legal basis. To get a legal basis something has to happen in court.
The request also suggests we look at the whois contact information for the domain (which looks perfectly valid) and go ahead and suspend the domain based on invalid whois data. Again, there’s a process for that, you have to go through the ICANN Whois Inaccuracy Complaint process and most of the time that doesn’t result in a takedown anyway.
What gets me about all of this is that the largest, most egregious perpetrators of online criminal activity right now are our own governments, spying on their own citizens, illegally wiretapping our own private communications and nobody cares, nobody will answer for it, it’s just an out-of-scope conversation that is expected to blend into the overall background malaise of our ever increasing serfdom.
If I can’t make various governments and law enforcement agencies get warrants or court orders before they crack my private communications then I can at least require a court order before I takedown my own customer.EasyDNS
Sounds interestingly similar to Andrews & Arnold’s reasons as to why they don’t like blocks doesn’t it?
