[Ws2-jurisdiction] [EXTERNAL] Re: ISSUE: In rem Jurisdiction over ccTLDs

[Jorge.Cancio at bakom.admin.ch]

Thanks Nigel. The legislation I mentioned goes beyond cybersquatting as it has extensively used in copyright cases, i. e. concerning the activity within the domains and not the domain as such.
My question is how broad these provisions are, i.e. what other criminal activities can be prosecuted, and whether they present a potential of interference with a TLD (not a SLD), for instance if a TLD were to develop into a copyright-infringement safe-haven...

Thanks and regards

Jorge


________________________________

Von: Nigel Roberts <nigel at channelisles.net>
Datum: 24. August 2017 um 17:23:16 MESZ
An: ws2-jurisdiction at icann.org <ws2-jurisdiction at icann.org>
Betreff: Re: [Ws2-jurisdiction] [EXTERNAL] Re: ISSUE: In rem Jurisdiction over ccTLDs

Only if the ccTLD is cybersquatting someone else's name.

And that's of vanishingly small likelihood. The fact is that the name is
allocated not by ICANN, but by the ISO-3166 Maintainence Agency, and
even in the odd one or two cases where there is a trademark in the two
letter combination (I can only think of Bhutan) there is clearly no
conflict, since that country isn't selling phone service to UK customers.



On 24/08/17 15:46, Jorge.Cancio at bakom.admin.ch wrote:
> Excuse again my ignorance, but is the legislation under 18 U.S.C. §
> 981(b)(2), which provides a legal framework for property seizures by the
> government, not general enough to allow for the seizure of a TLD if it
> is considered as an asset or property being used for committing crimes
> that may be prosecuted in the US?
>
> Let’s say a ccTLD or a gTLD evolve in a way that they may be considered
> under that act as such asset/property – could it not be seized with theOly if
> fact that they are registered under ICANN’s root being a sufficient
> connection?
>
> Thanks for any specific hint and regards
>
> Jorge
>
>
>
> *Von:*ws2-jurisdiction-bounces at icann.org
> [mailto:ws2-jurisdiction-bounces at icann.org] *Im Auftrag von *Mueller,
> Milton L
> *Gesendet:* Donnerstag, 24. August 2017 16:39
> *An:* ws2-jurisdiction at icann.org
> *Betreff:* Re: [Ws2-jurisdiction] [EXTERNAL] Re: ISSUE: In rem
> Jurisdiction over ccTLDs
>
>
>
> Yes, Becky this is correct, ACPA is an anti-cybersquatting law for
> trademark protection and was written with second-level domains in mind.
>
> I guess it is possible that a gTLD would be subject to ACPA – but if and
> only if someone managed to cybersquat a trademark in the TLD level. And
> since ICANN’s TLD awarding process is so heavily biased toward trademark
> owners, it is unlikely that a TM-violating TLD (say, giving .IBM to
> Parminder) would ever happen. But if it did, I supposed it could be
> applied. I can’t see how it could ever be applied to a ccTLD.
>
>
>
> *From:*ws2-jurisdiction-bounces at icann.org
> <mailto:ws2-jurisdiction-bounces at icann.org>
> [mailto:ws2-jurisdiction-bounces at icann.org] *On Behalf Of *Burr, Becky
> via Ws2-jurisdiction
> *Sent:* Tuesday, August 22, 2017 7:02 PM
> *To:* Jorge.Cancio at bakom.admin.ch <mailto:Jorge.Cancio at bakom.admin.ch>;
> jordan at internetnz.net.nz <mailto:jordan at internetnz.net.nz>;
> thiago.jardim at itamaraty.gov.br <mailto:thiago.jardim at itamaraty.gov.br>;
> ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann.org>
> *Subject:* Re: [Ws2-jurisdiction] [EXTERNAL] Re: ISSUE: In rem
> Jurisdiction over ccTLDs
>
>
>
> Fwiw, to the extent that US courts have in rem jurisdiction over domain
> names, my recollection is that is a function of very specific
> anti-squatting trademark law and is extremely unlikely to apply to ccTLDs.
>
>
>
> *J. Beckwith Burr****
> **Neustar, Inc.***/**Deputy General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW DC 20006
> *Office:***+1.202.533.2932  *Mobile:***+1.202.352.6367
>
>
>
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