[CCWG-ACCT] US Government Brief re: ccTLD is not "property"

[Paul Rosenzweig]

Colleagues

 

As a part of our discussions, some have asked about the nature of the
function that is being transitioned - is it property?  If not what is it?

 

On the cusp of the New Year, the US government filed the attached brief in a
case in the DC Circuit.  In (very brief) summary, some victims of terrorist
attacks have been trying to get the US courts to allow them to seize the
ccTLDs of countries they say are terrorist sponsors.  The victims lost in
the first court case and have appealed their defeat to the DC Circuit (which
is, more or less, the second highest court in the US).  The US government
did NOT file any papers in the initial matter, but they have now filed a
"friend of the court" brief in the appeal stating the formal US government
position on the question.  [For those of us in the US, the list of names on
the first page is a sign that this position has been carefully thought out
at some of the highest levels of the US government].  Long story, short:
The US thinks that ccTLDs are not "property" or "assets" under US law.

 

Anyone who wants more in depth detailed thinking on this is welcome to
contact me off line (though I probably won't answer until after the holiday)

 

Happy New Year to everyone

Paul

 

Paul Rosenzweig

Red Branch Consulting, PLLC

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Washington, DC 20002

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Link to my PGP Key
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<http://www.rsaconference.com/events/us16?utm_source=signature&utm_medium=em
ail&utm_campaign=speakers-us2016> 

 

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