OT: ICANN ordered by Illinois court to suspend spamhaus.org

[Ken A]

mikea wrote:
> On Mon, Oct 09, 2006 at 07:01:57PM +0100, Michele Neylon :: Blacknight.ie wrote:
>> Green, Rodney wrote:
>>> http://blogs.securiteam.com/index.php/archives/662
>>>
>>> I haven't seen this mentioned here on the MS list. If this were to
>>> happen, how much of an effect do you think it will have on us anti-spam
>>> people using MS/SpamAssassin?
>> The logical move would be to set it up using a non-ICANN controlled TLD....
> And make sure that all parts of the apparatus supporting it (e.g., DNS,
> registrars for the TLD and for the IP space) are non-US. 
> 
> Better still, in the long run, is for Spamhaus to appear in the federal
> court[1], to defend itself vigorously, for various major ISPs to submit
> _amicus curiae_ briefs outlining: 
> o  their experiences with Atriks/e360 spam; 
> o  the measures they've had to take; 
> o  how Spamhaus has helped; 
> o  and what would happen if Spamhaus were to be shut down. 
> 
> At the moment the judge's order states (IIRC) only that ICANN is to 
> place a suspension or client hold on www.spamhaus.org:

Note this is not a signed order, just a 'proposed' order prepared BY the 
spammer's lawyer for the judge to sign, which probably won't happen. 
This is just FUD that spammers like to get the media to spread. 
spamhaus.org isn't going anywhere. Some district court judge in some 
farm field in Illinois can't order ICANN or Tucows (in Canada) to do 
anything.

Ken A.
Pacific.Net




> :         3. Until such time as defendant demonstrates
> : to this Court why should not be held in contempt for
> : its failure to comply with the order for permanent
> : injunction, a suspension, or client hold, shall be
> : placed on defendants website, which can be found at
> : www.Spamhaus.org.
> 
> :         4. The suspension, or client hold, of
> : www.Spamhaus.org shall commence immediately. The Internet
> : Corporation for Assigned Names and Numbers (ICANN), which
> : was created through a Memorandum of Understanding between
> : the U.S. Department of Commerce and ICANN to transition
> : management of the Domain Name System (DNS) from the
> : U.S. government to the global community, and/or Tucows,
> : Inc., ICANN's accredited registrar for www.spamhaus.org,
> : is hereby ordered to suspend or place a client hold on
> : www.Spamhaus.org until such time as they receive a further
> : order from this Court that such suspension or client hold be
> : lifted.
> 
> I strongly suspect that the judge phrased this order with *extreme* 
> care. 
> 
> [1]   Apparently their solicitor/barrister advised them not to, but
>       rather to let the suit go to a default judgment; that happened,
>       with disastrous implicaitons. 
>