[kictanet] How not to demand a domain takedown

[Mwendwa Kivuva]

On 14 June 2017 at 12:16, Ali Hussein via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> This raises interesting questions and potential for precedence setting.
>
>
> ​1. ​
> Should a Registry take down a domain simply by being asked to? Even if
> that domain is clearly violating laws?
>

All takedown request have to go through due process, including a ruling
from a court of competent jurisdiction.

> ​2. Shouldn't laid down procedures for take downs be adhered to?
>

Sure, they have to be adhered to.

> 3. What recourse do the offended have in this case?
> ​


Go to court, and get a favorable ruling. Of course Pirate bay has shown
over time that it is "The galaxy's most resilient BitTorrent site". They
have become masters of Pirate Politics, e-democracy, and freedom of
expression. They have shown resilience in protecting the rights of
intermediaries. They even prompted the formation of The Pirate Party, which
was initially formed to reform laws regarding copyright and patents. The
party agenda includes support for strengthening the individual's right to
privacy, both on the Internet and in everyday life, and the transparency of
state administration. It has become a very powerful lobby group because
they now have political clout.

> ​4. Should a foreign entity/country threaten to shut down a Registry?​
>
> This is a big brother flexing their muscle in the wrong way. Over the
years, ccTLDs have shown resiliency in remaining up and running even after
their host countries have been sanctioned economically. Include any country
here that has been sanctioned, and even decimated to paste through military
intervention. At no time has their ccTLD been shut down.

Going forward post IANA transition, it is very unlikely that a ccTLD can be
brought down through executive order. This will make very interesting
debate in the next ICANN in South Africa.

Regards


______________________
Mwendwa Kivuva, Nairobi, Kenya
twitter.com/lordmwesh
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20170615/47564dc6/attachment.htm>