Re: Owning a name

2014-07-31 Thread Randy Bush
 An update, apparently writs of attachment were sent for not only .ir, but
 also .sy and .kp ccTLDs as well, based on separate cases related to support
 for terrorism.

and they left out IL?


Re: Owning a name

2014-07-30 Thread Collin Anderson
An update, apparently writs of attachment were sent for not only .ir, but
also .sy and .kp ccTLDs as well, based on separate cases related to support
for terrorism. ICANN has filed a motion to quash the writs and taken the
position that the domains are not assets.

Press:
http://www.securityweek.com/country-specific-web-domains-cant-be-seized-icann
Court Documents:
https://www.icann.org/resources/pages/icann-various-2014-07-30-en


On Fri, Jun 27, 2014 at 1:54 AM, Mark Rudholm m...@rudholm.com wrote:

 On 06/26/2014 10:14 PM, Collin Anderson wrote:

 On Thu, Jun 26, 2014 at 10:00 PM, John Levine jo...@iecc.com wrote:

  I've been looking for the case in PACER, and don't see
 anything filed this year against ICANN so the case doesn't even exist.

  Seth Charles Ben HAIM, et al., Plaintiffs, v. The ISLAMIC REPUBLIC OF
 IRAN,
 et al., Defendants. Civil Action No. 02-1811 (RCL)


 It seems to me that even if the ccTLD delegations were removed from the
 root DNS zone, all sysadmins in Iran would just add the ns.irnic.ir NS
 record to their cache, effectively ignoring ICANN.  I bet a lot of
 sysadmins outside Iran would do the same thing, since it makes sense to
 refer to IRNIC for Iranian DNS regardless of any court ruling.

 Similarly, they'd just keep using their current network numbers. It's not
 like ARIN would be able to give them to someone else. Nobody would want
 them.  And a lot of us would continue to route those numbers to Iran.

 Courts have shown time and again that they don't understand that ICANN is
 a coordinator, not an authority.




-- 
*Collin David Anderson*
averysmallbird.com | @cda | Washington, D.C.


Re: Owning a name

2014-07-30 Thread Owen DeLong

On Jul 30, 2014, at 4:17 PM, Collin Anderson col...@averysmallbird.com wrote:

 An update, apparently writs of attachment were sent for not only .ir, but
 also .sy and .kp ccTLDs as well, based on separate cases related to support
 for terrorism. ICANN has filed a motion to quash the writs and taken the
 position that the domains are not assets.
 
 Press:
 http://www.securityweek.com/country-specific-web-domains-cant-be-seized-icann
 Court Documents:
 https://www.icann.org/resources/pages/icann-various-2014-07-30-en
 
 
 On Fri, Jun 27, 2014 at 1:54 AM, Mark Rudholm m...@rudholm.com wrote:
 
 On 06/26/2014 10:14 PM, Collin Anderson wrote:
 
 On Thu, Jun 26, 2014 at 10:00 PM, John Levine jo...@iecc.com wrote:
 
 I've been looking for the case in PACER, and don't see
 anything filed this year against ICANN so the case doesn't even exist.
 
 Seth Charles Ben HAIM, et al., Plaintiffs, v. The ISLAMIC REPUBLIC OF
 IRAN,
 et al., Defendants. Civil Action No. 02-1811 (RCL)
 
 
 It seems to me that even if the ccTLD delegations were removed from the
 root DNS zone, all sysadmins in Iran would just add the ns.irnic.ir NS
 record to their cache, effectively ignoring ICANN.  I bet a lot of
 sysadmins outside Iran would do the same thing, since it makes sense to
 refer to IRNIC for Iranian DNS regardless of any court ruling.
 
 Similarly, they'd just keep using their current network numbers. It's not
 like ARIN would be able to give them to someone else. Nobody would want
 them.  And a lot of us would continue to route those numbers to Iran.

Pretty sure that would be a RIPE, not ARIN matter since TTBOMK, Iran et. al. are
in the RIPE region (possibly some in AfriNIC actually).

 Courts have shown time and again that they don't understand that ICANN is
 a coordinator, not an authority.

Wonder how long it is before we recognize the need for an international 
technical court for such matters where the guy on the bench has to be not just 
a lawyer, but a nerd, too.

Owen



Re: Owning a name

2014-07-30 Thread Gary Buhrmaster
On Thu, Jul 31, 2014 at 12:10 AM, Owen DeLong o...@delong.com wrote:

 Wonder how long it is before we recognize the need for an international 
 technical court for such matters where the guy on the bench has to be not 
 just a lawyer, but a nerd, too.

Can I nominate Judge William Alsup?


Re: Owning a name

2014-07-30 Thread Larry Sheldon


I keep thinking (in this you can not own a name thing) about the early 
occupants of North America who to a man, I believe, argued that fences 
were just wrong, because you can't own the land.

--
Requiescas in pace o email   Two identifying characteristics
of System Administrators:
Ex turpi causa non oritur actio  Infallibility, and the ability to
learn from their mistakes.
  (Adapted from Stephen Pinker)


Re: Owning a name

2014-07-30 Thread Mark Rudholm

On 07/30/2014 05:10 PM, Owen DeLong wrote:

On Jul 30, 2014, at 4:17 PM, Collin Anderson col...@averysmallbird.com wrote:


An update, apparently writs of attachment were sent for not only .ir, but
also .sy and .kp ccTLDs as well, based on separate cases related to support
for terrorism. ICANN has filed a motion to quash the writs and taken the
position that the domains are not assets.


ICANN would lose a lot of credibility if the ccTLDs were pulled, because 
people would simply ignore it.




Press:
http://www.securityweek.com/country-specific-web-domains-cant-be-seized-icann
Court Documents:
https://www.icann.org/resources/pages/icann-various-2014-07-30-en


On Fri, Jun 27, 2014 at 1:54 AM, Mark Rudholm m...@rudholm.com wrote:


On 06/26/2014 10:14 PM, Collin Anderson wrote:


On Thu, Jun 26, 2014 at 10:00 PM, John Levine jo...@iecc.com wrote:

I've been looking for the case in PACER, and don't see

anything filed this year against ICANN so the case doesn't even exist.

Seth Charles Ben HAIM, et al., Plaintiffs, v. The ISLAMIC REPUBLIC OF

IRAN,
et al., Defendants. Civil Action No. 02-1811 (RCL)


It seems to me that even if the ccTLD delegations were removed from the
root DNS zone, all sysadmins in Iran would just add the ns.irnic.ir NS
record to their cache, effectively ignoring ICANN.  I bet a lot of
sysadmins outside Iran would do the same thing, since it makes sense to
refer to IRNIC for Iranian DNS regardless of any court ruling.

Similarly, they'd just keep using their current network numbers. It's not
like ARIN would be able to give them to someone else. Nobody would want
them.  And a lot of us would continue to route those numbers to Iran.

Pretty sure that would be a RIPE, not ARIN matter since TTBOMK, Iran et. al. are
in the RIPE region (possibly some in AfriNIC actually).


Yes, Iran gets numbers mainly from RIPE NCC.  I'm used to dealing with 
ARIN so that's what comes out of my fingers.  But, I'm sure you get my 
point anyway.



Courts have shown time and again that they don't understand that ICANN is
a coordinator, not an authority.

Wonder how long it is before we recognize the need for an international 
technical court for such matters where the guy on the bench has to be not just 
a lawyer, but a nerd, too.

Owen





Re: Owning a name

2014-06-27 Thread Bill Woodcock

On Jun 26, 2014, at 10:14 PM, Collin Anderson col...@averysmallbird.com wrote:

 On Thu, Jun 26, 2014 at 10:00 PM, John Levine jo...@iecc.com wrote:
 
 I've been looking for the case in PACER, and don't see
 anything filed this year against ICANN so the case doesn't even exist.
 
 
 Seth Charles Ben HAIM, et al., Plaintiffs, v. The ISLAMIC REPUBLIC OF IRAN,
 et al., Defendants. Civil Action No. 02-1811 (RCL)

http://freebeacon.com/wp-content/uploads/2014/06/Subpoena-Ben-Haim-02-1611-with-Schedule-A.pdf

-Bill






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Re: Owning a name

2014-06-27 Thread David Conrad
On Jun 27, 2014, at 5:35 AM, Joly MacFie j...@punkcast.com wrote:
 But, are ccTLDs licenced by ICANN?

No.

Some ccTLD managers have signed Affirmations of Commitments with ICANN that 
basically say both ICANN and the ccTLD admit each other exists, but it isn't 
required.

 I thought they were independent.

Yes. ccTLDs are treated as national sovereign resources. 

Regards,
-drc



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Re: Owning a name

2014-06-27 Thread Collin Anderson
On Fri, Jun 27, 2014 at 7:50 AM, David Conrad d...@virtualized.org wrote:

 Yes. ccTLDs are treated as national sovereign resources.


By whom and where?

Regardless, there are 'State Sponsors of Terrorism'-related amendments to
the Foreign Sovereign Immunities Act that come into play here.
-- 
*Collin David Anderson*
averysmallbird.com | @cda | Washington, D.C.


Re: Owning a name

2014-06-27 Thread Paul Ferguson
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA256

On 6/27/2014 7:49 AM, Collin Anderson wrote:

 On Fri, Jun 27, 2014 at 7:50 AM, David Conrad d...@virtualized.org
 wrote:
 
 Yes. ccTLDs are treated as national sovereign resources.
 
 
 By whom and where?
 
 Regardless, there are 'State Sponsors of Terrorism'-related
 amendments to the Foreign Sovereign Immunities Act that come into
 play here.
 

The IANA is not in the business of deciding what is and what is not a
country. The selection of the ISO 3166 list as a basis for country
code top-level domain names was made with the knowledge that ISO has a
procedure for determining which entities should be and should not be
on that list.  - Jon Postel, RFC 1591

- - ferg


- -- 
Paul Ferguson
VP Threat Intelligence, IID
PGP Public Key ID: 0x54DC85B2
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Version: GnuPG v2.0.22 (MingW32)
Comment: Using GnuPG with Thunderbird - http://www.enigmail.net/

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Re: Owning a name

2014-06-27 Thread John Levine
 Yes. ccTLDs are treated as national sovereign resources.

By whom and where?

Regardless, there are 'State Sponsors of Terrorism'-related amendments to
the Foreign Sovereign Immunities Act that come into play here.

The US has a long policy of not messing with ccTLDs, even of countries
that we don't like such as .kp, .cu, and .iq (back in the day).  If
they started now there would be a firestorm, and not just from
companies we don't like.

I expect ICANN's response will be to produce what correspondence they have,
and to say they have no contracts with Iran, receive no income from Iran,
and hold no Iranian assets.  The .ir and the new Arabic script 


Re: Owning a name

2014-06-27 Thread Tony Finch
John Levine jo...@iecc.com wrote:

 The US has a long policy of not messing with ccTLDs, even of countries
 that we don't like such as .kp, .cu, and .iq (back in the day).

The latter had a fairly messy history:

http://www.iana.org/reports/2005/iq-report-05aug2005.pdf

Tony.
-- 
f.anthony.n.finch  d...@dotat.at  http://dotat.at/
Irish Sea: East backing northeast 4 or 5. Slight or moderate. Rain or showers.
Moderate or good.


Re: Owning a name

2014-06-27 Thread Mark Rudholm

On 06/26/2014 10:14 PM, Collin Anderson wrote:

On Thu, Jun 26, 2014 at 10:00 PM, John Levine jo...@iecc.com wrote:


I've been looking for the case in PACER, and don't see
anything filed this year against ICANN so the case doesn't even exist.


Seth Charles Ben HAIM, et al., Plaintiffs, v. The ISLAMIC REPUBLIC OF IRAN,
et al., Defendants. Civil Action No. 02-1811 (RCL)


It seems to me that even if the ccTLD delegations were removed from the 
root DNS zone, all sysadmins in Iran would just add the ns.irnic.ir NS 
record to their cache, effectively ignoring ICANN.  I bet a lot of 
sysadmins outside Iran would do the same thing, since it makes sense to 
refer to IRNIC for Iranian DNS regardless of any court ruling.


Similarly, they'd just keep using their current network numbers. It's 
not like ARIN would be able to give them to someone else. Nobody would 
want them.  And a lot of us would continue to route those numbers to Iran.


Courts have shown time and again that they don't understand that ICANN 
is a coordinator, not an authority.


Re: Owning a name

2014-06-26 Thread Patrick W. Gilmore
On Jun 27, 2014, at 00:07 , Larry Sheldon larryshel...@cox.net wrote:

 http://joshuapundit.blogspot.com/2014/06/court-ruling-israeli-and-us-terrorism.html
 
 Have not seen much discussion about this.

That would be a horrifically bad precedent to set. I hope this insanity stops 
before it get started.

-- 
TTFN,
patrick




Re: Owning a name

2014-06-26 Thread Bill Woodcock

On Jun 26, 2014, at 9:13 PM, Patrick W. Gilmore patr...@ianai.net wrote:

 On Jun 27, 2014, at 00:07 , Larry Sheldon larryshel...@cox.net wrote:
 
 http://joshuapundit.blogspot.com/2014/06/court-ruling-israeli-and-us-terrorism.html
 
 Have not seen much discussion about this.
 
 That would be a horrifically bad precedent to set. I hope this insanity stops 
 before it get started.

Anyone have a link to the actual ruling?  This URL is to a very 
positionally-specific interpretation of events, which is fairly disconnected 
from reality on the ICANN side…  It’s quite possible it’s an equally clueless 
interpretation of the court decision.  In any event, even if the court was as 
clueless as this implies, it won’t go anywhere.

-Bill






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Re: Owning a name

2014-06-26 Thread Eric Brunner-Williams

On 6/26/14 9:20 PM, Bill Woodcock wrote:

On Jun 26, 2014, at 9:13 PM, Patrick W. Gilmore patr...@ianai.net wrote:


On Jun 27, 2014, at 00:07 , Larry Sheldon larryshel...@cox.net wrote:


http://joshuapundit.blogspot.com/2014/06/court-ruling-israeli-and-us-terrorism.html

Have not seen much discussion about this.

That would be a horrifically bad precedent to set. I hope this insanity stops 
before it get started.

Anyone have a link to the actual ruling?  This URL is to a very 
positionally-specific interpretation of events, which is fairly disconnected 
from reality on the ICANN side…  It’s quite possible it’s an equally clueless 
interpretation of the court decision.  In any event, even if the court was as 
clueless as this implies, it won’t go anywhere.

 -Bill






please see the iana's redelegation rules. start with .pn looking for 
first principles.


-e


Re: Owning a name

2014-06-26 Thread Larry Sheldon

On 6/26/2014 11:20 PM, Bill Woodcock wrote:


On Jun 26, 2014, at 9:13 PM, Patrick W. Gilmore patr...@ianai.net
wrote:


On Jun 27, 2014, at 00:07 , Larry Sheldon larryshel...@cox.net
wrote:


http://joshuapundit.blogspot.com/2014/06/court-ruling-israeli-and-us-terrorism.html




Have not seen much discussion about this.


That would be a horrifically bad precedent to set. I hope this
insanity stops before it get started.


Anyone have a link to the actual ruling?  This URL is to a very
positionally-specific interpretation of events, which is fairly
disconnected from reality on the ICANN side…  It’s quite possible
it’s an equally clueless interpretation of the court decision.  In
any event, even if the court was as clueless as this implies, it
won’t go anywhere.


http://richardedmondson.net/2014/06/25/us-court-ruling-theoretically-could-mean-shut-down-of-iranian-web-sites/ 
quotes other articles--non seem to be the ruling per se.


--
Requiescas in pace o email   Two identifying characteristics
of System Administrators:
Ex turpi causa non oritur actio  Infallibility, and the ability to
learn from their mistakes.
  (Adapted from Stephen Pinker)


Re: Owning a name

2014-06-26 Thread Joly MacFie
But, are ccTLDs licenced by ICANN? I thought they were independent.

j


On Fri, Jun 27, 2014 at 12:13 AM, Patrick W. Gilmore patr...@ianai.net
wrote:

 On Jun 27, 2014, at 00:07 , Larry Sheldon larryshel...@cox.net wrote:

 
 http://joshuapundit.blogspot.com/2014/06/court-ruling-israeli-and-us-terrorism.html
 
  Have not seen much discussion about this.

 That would be a horrifically bad precedent to set. I hope this insanity
 stops before it get started.

 --
 TTFN,
 patrick





-- 
---
Joly MacFie  218 565 9365 Skype:punkcast
WWWhatsup NYC - http://wwwhatsup.com
 http://pinstand.com - http://punkcast.com
 VP (Admin) - ISOC-NY - http://isoc-ny.org
--
-


Re: Owning a name

2014-06-26 Thread Collin Anderson
As best as I and others have been able to discern, the order in question is
a subpoena to ICANN pertaining to contracts, financial information and
communications with the Iranian government over their names and addresses.
The claims of granted control appear to be inaccurate -- all of the
reporting on the matter have been childish to the extent of saying Dot-Iran
(‏.ایران) is in Arabic. The next step would be for ICANN to challenge the
request, and one might expect that communities such as this one would have
an opportunity to amicus along the way.


On Thu, Jun 26, 2014 at 9:20 PM, Bill Woodcock wo...@pch.net wrote:


 On Jun 26, 2014, at 9:13 PM, Patrick W. Gilmore patr...@ianai.net wrote:

  On Jun 27, 2014, at 00:07 , Larry Sheldon larryshel...@cox.net wrote:
 
 
 http://joshuapundit.blogspot.com/2014/06/court-ruling-israeli-and-us-terrorism.html
 
  Have not seen much discussion about this.
 
  That would be a horrifically bad precedent to set. I hope this insanity
 stops before it get started.

 Anyone have a link to the actual ruling?  This URL is to a very
 positionally-specific interpretation of events, which is fairly
 disconnected from reality on the ICANN side…  It’s quite possible it’s an
 equally clueless interpretation of the court decision.  In any event, even
 if the court was as clueless as this implies, it won’t go anywhere.

 -Bill







-- 
*Collin David Anderson*
averysmallbird.com | @cda | Washington, D.C.


Re: Owning a name

2014-06-26 Thread Collin Anderson
It might also interest the list that every couple of years ICANN actually
has to apply to the Department of Treasury's OFAC in order to obtain a
license to do business with Iranian parties.


On Thu, Jun 26, 2014 at 9:38 PM, Collin Anderson col...@averysmallbird.com
wrote:

 As best as I and others have been able to discern, the order in question
 is a subpoena to ICANN pertaining to contracts, financial information and
 communications with the Iranian government over their names and addresses.
 The claims of granted control appear to be inaccurate -- all of the
 reporting on the matter have been childish to the extent of saying Dot-Iran
 (‏.ایران) is in Arabic. The next step would be for ICANN to challenge the
 request, and one might expect that communities such as this one would have
 an opportunity to amicus along the way.


 On Thu, Jun 26, 2014 at 9:20 PM, Bill Woodcock wo...@pch.net wrote:


 On Jun 26, 2014, at 9:13 PM, Patrick W. Gilmore patr...@ianai.net
 wrote:

  On Jun 27, 2014, at 00:07 , Larry Sheldon larryshel...@cox.net wrote:
 
 
 http://joshuapundit.blogspot.com/2014/06/court-ruling-israeli-and-us-terrorism.html
 
  Have not seen much discussion about this.
 
  That would be a horrifically bad precedent to set. I hope this insanity
 stops before it get started.

 Anyone have a link to the actual ruling?  This URL is to a very
 positionally-specific interpretation of events, which is fairly
 disconnected from reality on the ICANN side…  It’s quite possible it’s an
 equally clueless interpretation of the court decision.  In any event, even
 if the court was as clueless as this implies, it won’t go anywhere.

 -Bill







 --
 *Collin David Anderson*
 averysmallbird.com | @cda | Washington, D.C.




-- 
*Collin David Anderson*
averysmallbird.com | @cda | Washington, D.C.


Re: Owning a name

2014-06-26 Thread Zaid A. Kahn
The concept of owned and assets is greatly misunderstood by lawyers in this 
case. This will go nowhere. 

Zaid

On Jun 26, 2014, at 9:35 PM, Joly MacFie j...@punkcast.com wrote:

 But, are ccTLDs licenced by ICANN? I thought they were independent.
 
 j
 
 
 On Fri, Jun 27, 2014 at 12:13 AM, Patrick W. Gilmore patr...@ianai.net
 wrote:
 
 On Jun 27, 2014, at 00:07 , Larry Sheldon larryshel...@cox.net wrote:
 
 
 http://joshuapundit.blogspot.com/2014/06/court-ruling-israeli-and-us-terrorism.html
 
 Have not seen much discussion about this.
 
 That would be a horrifically bad precedent to set. I hope this insanity
 stops before it get started.
 
 --
 TTFN,
 patrick
 
 
 
 
 
 -- 
 ---
 Joly MacFie  218 565 9365 Skype:punkcast
 WWWhatsup NYC - http://wwwhatsup.com
 http://pinstand.com - http://punkcast.com
 VP (Admin) - ISOC-NY - http://isoc-ny.org
 --
 -



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Re: Owning a name

2014-06-26 Thread John Levine
In article 53acee1a.5010...@cox.net you write:
http://joshuapundit.blogspot.com/2014/06/court-ruling-israeli-and-us-terrorism.html

Have not seen much discussion about this.

The aroma of BS is pretty intense here.  There was a press release
last week saying that she'd filed the case, and no Federal court would
rule in a week. I've been looking for the case in PACER, and don't see
anything filed this year against ICANN so the case doesn't even exist.

Further clues:

* ICANN has no agreement with Iran for .ir nor the new IDN domain, so
  .ir pays ICANN nothing.

* Address space for Iranian networks come from RIPE, not ICANN.  If Iran
  pays any address space maintenance fees, they'd go to RIPE, which is in
  Europe, not in the U.S.

R's,
John


Re: Owning a name

2014-06-26 Thread Collin Anderson
On Thu, Jun 26, 2014 at 10:00 PM, John Levine jo...@iecc.com wrote:

 I've been looking for the case in PACER, and don't see
 anything filed this year against ICANN so the case doesn't even exist.


Seth Charles Ben HAIM, et al., Plaintiffs, v. The ISLAMIC REPUBLIC OF IRAN,
et al., Defendants. Civil Action No. 02-1811 (RCL)



-- 
*Collin David Anderson*
averysmallbird.com | @cda | Washington, D.C.