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Couldn’t think of a better title. The following registrars have caved to the will of Kentucky ..
1. Godaddy (not 100% confirmed) – email [email protected]
2. enomJust fired off an email to [email protected] to see if they have an official stance on this.
Does anyone have domains that have publicly stated that they will not comply? preferably non USA.
Internet gambling operators using United States based registrars to hold their domain name portfolios better look into transferring those domain names to a registrar in jurisdiction that licenses gaming companies fast.
Offshore registrars are listed at http://www.webhosting.info/registrars/ so there are alot to choose from depending on country you wish to register with.Here is the reply I got from Godaddy legal. I think I can post it, as there was no disclaimer/privacy notice in the e-mail.
Go Daddy abides by Best Practice guidelines and cooperates with law enforcement as a matter of routine.
In accordance with our Registration Agreement, when Go Daddy receives a court order we take any necessary actions to ensure we are complying with the order.
The domain names, in this case, are currently locked. Because the registrants of the domain names at issue contacted us with their intent to file an objection to the court order immediately upon our receipt of the order, we locked the domain names to give the registrants ample time to file an objection.
The domain names will remain locked until a hearing scheduled in September that will provide the registrants the opportunity to come forward and claim the seized property.
At this hearing, the court will determine whether the registrant qualifies for the return of the property.
As always, Go Daddy will follow any orders it receives from the court.
Go Daddy works hard to keep the Internet safe for all users.
Thank you for having the courtesy to ask before jumping to conclusions.
Very truly yours,
Go Daddy Legal Department.Still worrying, think I will move my domains anyway.
Offshore registrars are listed at http://www.webhosting.info/registrars/ so there are alot to choose from depending on country you wish to register with.
Thanks for that link TreasureChest :hattip:
1. enom
2. Godaddy (have locked affected domains)
3. PublicDomainRegistry.comThe updated list, move your domains away now! Move to make a statement, or move to protect yourself in future.
Hi all,
my understanding is that unless your domains are not .com, .net, .org etc … on other words country specific like .ca then it won’t matter whether you move to offshore registar or not.so don’t go spending the money unless you’re sure about it.
that’s what my buddy in domains told me and I’ve read it elsewhere … perhaps here.
the reason is that the main top registar is located in the states so your domain would have to go thru the states no matter what … unless its country specific and I am not sure how that works.
The thing I am worried about is that both companies that have complied are USA companies, this means that the need to complying with the USA court. The USA courts have no jurisdictional over NON USA companies.
Hi again,
ya but that’s what I’m saying is that ICANN is US based. and to my understanding all domains end up registered at ICANN … see where i”m going with that? It won’ matter where the registar is located if ICANN turns them all in.
I understand the point you are trying to make, however the fact of the matter is ICANN has done nothing, yet several registrars have acted against their customers. ICANN has not handed anything over, I doubt very much they would on the insistence of a Kentucky court, I assume it would take a bigger USA court to force that type of action, and even so I would expect them to appeal.
I don’t expect the registrar to break the law on my behalf, nor do I expect them to bow down to the authorities, without challenge, especially when their competitors have not acted in such a hasty manner.
agree and godaddy has probably lost my business for the future. They caved way too quick.
i found this registrar
https://www.123-reg.co.uk/
would we be ok to transfer domains there?The folks who keep on insisting that ICANN doesn’t have to comply with a KY court order, have little or no understanding of US law. that order stands in every single court in US. ICANN can appeal to change jurisdiction away from KY to the federal district court in san diego or via local California judge who can claim CALIF has jurisdiction. Getting a California court to rule that it has jurisdiction means that the case then moves to federal district court to see who has jurisdiction: KY, CA, or feds. A Federal judge could order KY to file it’s case in California, or order a trial on the issue in federal court, but I think most likely would leave jurisdiction as is. In fact if KY went to federal court, they could ask for a summary judgement, which would allow judge to make a ruling (if they chose to ) without hearing the case (this is based on the briefs filed by the attorneys and the recommendation of the judge’s clerk.
Bottom line these will most likely remained locked until this is all resolved (all appeals exhausted). Now if they remained locked and case remains unresolved, it’s likely the domains will continue to work as long as Domain is pointing to a valid/operating DNS server.
Before wasting time and money changing registrars to a non US entity, talk to a lawyer. I’m not a lawyer, but have discussed legality, jurisdictions, etc. with a number of lawyers. My advice is to move your domains to TLD not controlled by US (.com, .net, .edu, .org, .mil, .gov or .us) located organization.
nobody wants to hear/accept this because the problems it can cause to our industry now and in the future. BUT don’t make a bunch of expensive (whether $$ or labor) moves until you have talked to a lawyer who knows about internet domains, jurisdiction issues and is allowed to practice in US federal court. Otherwise you’re guessing, based on speculation of all of us here.
Since I don’t promote online gaming in North America, I’m not willing to spend the money on a lawyer to find out.
Bottom line these will most likely remained locked until this is all resolved (all appeals exhausted). Now if they remained locked and case remains unresolved, it’s likely the domains will continue to work as long as Domain is pointing to a valid/operating DNS server.
Hi Fred,
I think I can agree with that comment, however, I’m not all on board with the rest.
Perhaps some of it in some form, but not totally.The Judge that made the order is just a circuit Judge as I understand it.
When he isn’t over stepping his bounds and ruling on International matters, he’s ruling on traffic violations, domestic disputes, assorted local civil cases, maybe some local murders, and maybe some divorces!You get the idea. LOL
While Icann and U.S. registrars might obey the order if there is no resistence to it, I do think they have the right to challenge the order, if they so desire.In the end, my sources tell me that this Judge does not have the Jurisdiction to even make this order since it involves International owners. The fact that they may have bought them thru a U.S. Registrar is not particularly relevant when it involves a foreign entity.
This Circuit Judge should really rescind his order, and tell them to take to a Federal Court that could get involved in an International issue, assuming they want to pursue it.
He may not willingly do that, BTW, however, the defendents could easily force his hand on that, IMO, or just agree to block Kentucky and be done with it.We will see next week I guess!
Eitherway, they can easily appeal the Order from this Circuit Judge upwards, and it isn’t that expensive to file that.
HOWEVER, it would be fairly expensive to continue that procedure in Federal Court, but I think the Domain owners would prevail, so it would be worth it.The Kentucky Attorneys were hired on the basis that IF they win, they get paid.
I doubt that arrangement would continue if the Domain owners fight them all the way.At that point, Kentucky would have to evaluate whether it’s worth it to pork up a lot of money for what would most likely be a losing battle.
In reality, this is about taking domain names from foreign counties, not about Gambling, and I don’t believe that will happen myself. That assumes they move the case to the Feds.
That said, who knows really?
I’ve seen so many crazy things happen in the last 8 years that I thought would NEVER happen, I’m not sure I can assess any of it properly anymore.Better Days are ahead Folks, but I know you’ve all heard that before too.
Vote for Obama! He’s our best shot!
Better yet, just VOTE!!!! Even if you are a McCain fan!
