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Subject:
From:
Sam Lanfranco <[log in to unmask]>
Reply To:
Sam Lanfranco <[log in to unmask]>
Date:
Thu, 26 Mar 2015 13:59:03 -0400
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Carlos,

By its actions, and its in-actions, ICANN is dangerously close to 
serving up its head of a silver plate to its critics. I do not see how 
all of this will not feed outside attacks on ICANN’s ability, its 
integrity….and its future.

The defensive domain name moves of significant entities such as 
universities qualify them as victims here. It is similar to paying 
someone to not burn down your house. However, while this may possibly be 
seen as a human rights abuse, this also comes dangerously close to 
activities that fall under the United States Racketeer Influenced and 
Corrupt Organizations Act (18 U.S.C. §§ 1961–1968), commonly called the 
"RICO Act".

The RICO act was designed to fight organized crime but the statute as 
written covers illegal activities relating to any enterprise affecting 
interstate or foreign commerce. Of course, the pivotal legal question 
here is whether or not willfully engaging in, and benefiting financially 
from, an enterprise built on defensive domain name registrations can be 
interpreted as “extortion” and hence an illegal activity. Even if it is 
not legally illegal, it does nothing to bolster confidence in the 
integrity and abilities of ICANN. That is the lesson to be learned here.

Sam L.

//
On 26/03/2015 1:00 PM, Carlos Afonso wrote:///
/
> /A terrible result of a new gTLDs' policy devoid of anti-extortion 
> clauses. Hundreds of new gTLDs whose business model is based on $$$ 
> gained with almost forceful preemptive registration... All in name of 
> a neoliberal credo defending no restrictions for new domains. And we 
> (NCSG/NCUC) have been mute on this. //
> / /
> //Aren't the victims of this extortion a case for our human rights 
> advocacy? //
> / /
> //--c.a. //
> / /
> / 
/
//
/

/-- /
------------------------------------------------
"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: [log in to unmask]   Skype: slanfranco
blog:  http://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852



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