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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    This discussion has been archived. No new comments can be posted.
    WHOIS Contact Info Rule Stifles Political Dissent? | Log in/Create an Account | Top | 2 comments | Search Discussion
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    Re:Use tonic
    by wildblue on Tuesday May 13 2003, @11:09PM (#11623)
    User #3681 Info
    It does not matter if someone thinks this person was just inconvenienced or not.

    That fact is United States Federal Legislation protects the use of incorrect whois information in the registration of a domain name.

    The government recognizes "dissidents and others who are online incognito for legitimate reasons might give false information to protect themselves."

    This protection is given to United States Citizens through the - in rem - provision of the acpa act of 1999.

    Dotser has violated the "Civil Rights" of this registrant and can be sued by the registrant for vilolating her "Civil Rights" as protected by US Federal Legislation.

    The - in rem - provision of the acpa act of 1999 was specifically designed, as explained by Orin Hatch, author of the bill, along with Patrick Leahy, for two reasons.

    To allow trademark owners to recover domain names through a court action when the owner of the domain cannot be located.

    In addition, the second reason being, to protect the anonymity of "dissidents."

    The words of Orin Hatch explaining the - in rem - provision of the acpa act of 1999 to the United States Senate Committee on the Judiciary, on June 29, 1999 are below.

    http://judiciary.senate.gov/oldsite/72999oh3.htm

    "Additionally, some have suggested that dissidents and others who are online incognito for legitimate reasons might give false information to protect themselves and have suggested the need to preserve a degree of anonymity on the Internet particularly for this reason. Allowing a trademark owner to proceed against the domain names themselves, provided they are, in fact, infringing or diluting under the Trademark Act, decreases the need for trademark owners to join the hunt to chase down and root out these dissidents or others seeking anonymity on the Net. The approach in the substitute is a good compromise, which provides meaningful protection to trademark owners while balancing the interests of privacy and anonymity on the Internet."
    [ Reply to This | Parent ]


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