I had a class today exactly about this. I was joking to the students if I should consider buying andresguadamuz.sucks and andresguadamuz.porn, and we had an extensive discussion about whether the above would be defamatory if someone else did it. Most of the class thought that you could successfully bring up an action in England for defamation just for registering the domain. I tend to agree. If anything, ICANN has made it easier to bring defamation cases in some jurisdicitons, and I'm not sure if this is an improvement on the status quo. Best Regards, Andres -- Dr Andres Guadamuz Senior Lecturer in Intellectual Property Law Room G17 Freeman Centre University of Sussex Brighton, East Sussex BN1 9QE Tel. 01273 678629 http://ssrn.com/author=387238 http://www.technollama.co.uk On 26/03/2015 17:59, Sam Lanfranco wrote: > 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