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Subject: [IP] more on ICANN ordered by Illinois court to suspend spamhaus.org




Begin forwarded message:

From: Lauren Weinstein <lauren@vortex.com>
Date: October 7, 2006 12:21:46 PM EDT
To: dave@farber.net
Cc: lauren@vortex.com
Subject: Re: [IP] ICANN ordered by Illinois court to suspend spamhaus.org


Dave,

Here's a thought question for us all.  If spamhaus.org loses its
domain name (and let's assume any other names they tried to obtain),
what's to stop them from operating on an IP address basis only?

Spamhaus has a large, dedicated, and mostly technically adept user
base.  I suspect that most of their users would be able to quickly
substitute an IP address for a domain name in the appropriate
configurations.  Word about the change, and any related future
address changes, would propagate quickly.  Less convenient, sure --
but doable.

In such a case, a court would have to order actual IP blocking, a
much more complex and legally problematic undertaking compared with
ordering ICANN to pull the domain name of a company that's not even
U.S. based.

As Bob Frankston frequently proselytizes, life *can* go on without
domain names.

--Lauren--
Lauren Weinstein
lauren@vortex.com or lauren@pfir.org
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
   - People For Internet Responsibility - http://www.pfir.org
Co-Founder, IOIC
   - International Open Internet Coalition - http://www.ioic.net
Co-Founder, CIFIP
   - California Initiative For Internet Privacy - http://www.cifip.org
Moderator, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
DayThink: http://daythink.vortex.com

 - - -



Begin forwarded message:

From: Gadi Evron <ge@linuxbox.org>
Date: October 7, 2006 7:54:11 AM EDT
To: dave@farber.net
Subject: Re: ICANN ordered by Illinois court to suspend spamhaus.org

This is a really good perspective on the subject, from an Illinois bar
lawyer:
http://blogs.securiteam.com/index.php/archives/664

On Fri, 6 Oct 2006, Gadi Evron wrote:

Information about this court ruling can be found on Spamhaus's web
site,
here:
http://www.spamhaus.org/archive/legal/e360/kocoras_order_6_10.pdf

Apparently, at this stage, it is only a proposed ruling. But I am no
lawyer.

	Gadi.








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