Discuss mailing list

[Travis McCrea <me AT travismccrea.com>]

Exactly, upholding laws at a TLD level creats a bad precedent.
        
On Tue, 2011-08-09 at 01:05 +0000, Hospedaje Web y Servidores Dedicados
wrote:
> I think the "illegal" clause still being for the hosters, not for domain 
> registrant, as you say, when tld registrant is guilty about content user 
> gives to.
> 
> Alex.
> 
> 
> -- 
> Ing. Alejandro M.
> -----------------------
> Hospedaje Web y Servidores Dedicados
> http://www.dedicados.com.mx
> -----------------------
> ventas AT dedicados.com.mx
> -----------------------
> 
> -----Original Message-----
> From: Travis McCrea <me AT travismccrea.com>
> Sender: discuss-bounces AT lists.opennicproject.org
> Date: Mon, 08 Aug 2011 17:20:02 
> To: <discuss AT lists.opennicproject.org>
> Reply-To: discuss AT lists.opennicproject.org
> Subject: Re: [opennic-discuss] PETITION/VOTE: .box top level domain
> 
> Eh it still has that "illegal activity" clause, and is now even MORE
> vague because it doesn't say by which law you are operating under. There
> are countries where warez sites are legal. There are other countries
> where even speaking true facts about the leadership is punishable by
> death... so what laws are we bound to? The United States is a typical
> choice, but if we are held to the same legal standard as US domains then
> I am still voting no against it because their legal standards are too
> restrictive. 
> 
> I am not trying to be a dick, I just want to have a clear understanding
> of whats going on. I did not get the email (or missed it) when this went
> up for discussion. I would like us to hold off on the vote until these
> things are addressed. 
> On Tue, 2011-08-09 at 00:28 +0200, Dominique Rehborn wrote:
> > Here's an amendment of the .box charter regarding phrasing and
> > considering a few feedbacks.
> > 
> > Charter
> > 
> > .box TLD - in the following document referred to as NIC.
> > 
> > Proposal
> > .box is a TLD meant as generic name space for general purposes like
> > ICANN's .com, .org and .net TLD has been used (or misued by accident).
> > It is not meant to replace .com, .org, .net.. on OpenNic but rather
> > serve as a real general purpose Top level domain.
> > a larger list of exceptions for abusive behavior and non-legitime
> > contents is to be found in the policy to prevent disputes and criminal
> > activity.
> > 
> > Policy
> > 
> > By Registering a NIC domain the Registrant agrees to the Policy.
> > 
> > This Policy complies with OpenNIC Policies
> > (http://wiki.opennic.glue/OpenNICPolicies) including following addition.
> > 
> > Registration
> > NIC domains can be registered by any individual or for an entity by an
> > individual/natural person. Registrations may be challenged at any time
> > if they are not held by an individual or if the holder cannot prove an
> > outside relation justifying reservation of the name, to prevent
> > "Cybersquatting". further exceptions are listed below.
> > 
> > Limitations
> > until further changes to the policy a registrant is allowed to hold a
> > maximum of 15 domains, for larger amounts the registrant requires to
> > become an OpenNic member.
> > 
> > Activity
> > NIC reserves the right to remove any domain not resolvable for more than
> > a week.
> > 
> > Nameserver Configuration
> > NIC requires to setup a valid Zonefile, this includes a valid SOA and 2 
> > NS.
> > 
> > Non-Profit clause
> > As this TLD is made available not for profit, domains (including
> > subdomains) may not be transferred for compensation.
> > 
> > Prohibited contents and behavior
> > to limit a larger spectrum for abusive behavior the following is
> > strictly forbidden, legitimate complaints regarding these activities
> > will result in suspension and revocation of all appropriate domains:
> > 
> > • general contents/activities considered illegal. this includes but is
> > not limited to:
> >   - spamming/cracking (including through non NIC systems)
> >   - cracks/warez/malware/botnets/honeypots
> > • contents considered illegal by the server locations laws.
> > • SEO/marketing websites
> > • pornographic, racists/extremist contents
> > 
> > Privacy
> > 
> > • Personal data will only be collected and used if required for the
> > creation or modification of a Handle. The registrant is obligated to
> > keep this information up to date. The Registrant's Email address will
> > only be used for information regarding their registered domains, policy
> > changes and major system changes.
> > • NIC does not give any personal information to third parties, with the
> > exception of OpenNIC as far as they are required to reasonably or forced
> > by law.
> > • The registrant has the right to information and a right to amend, to
> > suspend or to delete his saved information. If deletion conflicts with a
> > legal or contractual duty to save information, or other legal grounds,
> > the information will be made inaccessible.
> > 
> > Warranty and Liability
> > NIC tries to be as reliable and responsible as possible, however there
> > is no warranty for availability. For direct damages, secondary damages
> > or lost profits due to technical problems and disturbances we assume no
> > liability.
> > 
> > In addition, the Registrant agrees to free NIC from all claims by third
> > parties in regard to illegal content or activity. The exemption
> > obligation includes liability for all legal defence costs.
> > 
> > Updates
> > Minor changes, changes which will not affect registered domains, to the
> > policy can be made without notice in order to close loopholes quickly
> > and responsibly.
> > Changes which require to be voted on will be announced at least one week
> > before taking effect.
> > 
> > Sunrise Clause/Big Business clause
> > For now, corporations, large enterprises (>50 employess) and financial
> > entities are not allowed to expand their business under a NIC TLD. In
> > case of a registered trademark, it is possible for the responsible to
> > send a request to have their name registered by NIC and suspeneded for
> > revervation or http forward to a given URL. (This process requires
> > verification, any cost created by this process will be covered by the
> > responsible in question).
> > This clause will be removed once services have been proven stable.
> > reason for temporarily exclusion is to have the number of registrants
> > low at the beginning to ease administration and application development.
> > 
> > On 08/08/2011 09:48 PM, Brian Koontz wrote:
> > > I second the motion to bring this to a vote.  It's been open for
> > > discussion for a week now.
> > > 
> > >   --Brian
> > > 
> > > On Mon, Aug 08, 2011 at 02:39:37AM +0200, Dominique Rehborn wrote:
> > >> Howdy folks,
> > >>
> > >> as proposed on 31th of july i hereby open the petition/vote for
> > >> sponsoring the .box TLD using the following charter/policy, changes 
> > >> have
> > >> been marked by </removed> (only one section has been removed regarding
> > >> labels, this would of course mean common sense now rules, thus the
> > >> maximum amount is still limited by the appropriate rfc regarding
> > >> hostnames), the vote is ending on 22th of august (2 weeks).
> > >>
> > >> feedback/suggestions regarding the charter are still welcomed but only
> > >> considered after the vote has been passed.
> > >>
> > >> -------- Original Message --------
> > >> Subject: [opennic-discuss] PROPOSAL: .box top level domain
> > >> Date: Sun, 31 Jul 2011 16:29:17 +0200
> > >> From: Dominique Rehborn <dominique AT boxnet.eu>
> > >> Reply-To: discuss AT lists.opennicproject.org
> > >> To: discuss AT lists.opennicproject.org
> > >>
> > >> Howdy OpenNIC folks,
> > >>
> > >> i am curious about running a tier 1 and would like to sponsor the top
> > >> level domain .box, i started writing a charter, which still is a draft
> > >> and requires your feedback, any comment appreciated.
> > >>
> > >> OpenNIC TLD Proposition
> > >>
> > >> Charter
> > >>
> > >> .box TLD - in the following document referred to as NIC.
> > >>
> > >> Proposal
> > >> .box is a TLD meant as generic name space for general purposes like
> > >> ICANN's .com, .org and .net TLD has been used (or misued by accident). 
> > >> a
> > >> larger list of exceptions for abusive behavior and non-legitime 
> > >> contents
> > >> is to be found in the policy to prevent disputes and criminal activity.
> > >>
> > >> Policy
> > >>
> > >> By Registering a NIC domain the Registrant agrees to the Policy.
> > >>
> > >> This Policy complies with OpenNIC Policies
> > >> (http://wiki.opennic.glue/OpenNICPolicies) including following 
> > >> addition.
> > >>
> > >> Registration
> > >> NIC domains can be registered by any individual or for an entity by an
> > >> individual/natural person. Registrations may be challenged at any time
> > >> if they are not held by an individual or if the holder cannot prove an
> > >> outside relation justifying reservation of the name, to prevent
> > >> "Cybersquatting". further exceptions are listed below.
> > >>
> > >> Limitations
> > >> until further changes to the policy a registrant is allowed to hold a
> > >> maximum of 10 domains (including a tollerance of 5) with exception to
> > >> OpenNIC members, larger amounts of domain registrations require to
> > >> request a quote including purpose of usage. (send your request to
> > >> quote AT nic.box)
> > >>
> > >> <removed>
> > >> domain names must be at least 3 characters long and can be at most 63
> > >> characters long, a domain excluding TLD should never have more than 5
> > >> labels to prevent dns spam.
> > >> </removed>
> > >>
> > >> Activity
> > >> NIC reserves the right to remove any domain not resolvable for more 
> > >> than
> > >> a week.
> > >>
> > >> Nameserver Configuration
> > >> NIC requires to setup a valid Zonefile, this includes a valid SOA and 
> > >> 2 NS.
> > >>
> > >> Non-Profit clause
> > >> As this TLD is made available not for profit, domains (including
> > >> subdomains) may not be transferred for compensation.
> > >>
> > >> Prohibited contents and behavior
> > >> to limit a larger spectrum for abusive behavior the following is
> > >> strictly forbidden, legitimate complaints regarding these activities
> > >> will result in suspension and revocation of all appropriate domains:
> > >>
> > >> ??? general contents/activities considered illegal. this includes but 
> > >> is
> > >> not limited to:
> > >> ??? spamming/cracking (including through non NIC systems)
> > >> ??? cracks/warez/malware/botnets/honeypots
> > >> ??? contents considered illegal by the registrants local laws.
> > >> ??? SEO/marketing websites
> > >> ??? pornographic, racists/extremist contents
> > >> ??? torrent tracker
> > >>
> > >> Big Business clause
> > >> corporations, large enterprises (>50 employess) and financial entities
> > >> are not allowed to expand their business under a NIC TLD for now. In
> > >> case of a registered trademark, it is possible for the responsible to
> > >> send a request to have their name registered by NIC and suspeneded
> > >> definitively or http forward to a given URL.
> > >> (This process requires verification, any cost created by this process
> > >> will be covered by the responsible in question).
> > >>
> > >> Privacy
> > >>
> > >> ??? Personal data will only be collected and used if required for the
> > >> creation or modification of a Handle. The registrant is obligated to
> > >> keep this information up to date. The Registrant's Email address will
> > >> only be used for information regarding their registered domains, policy
> > >> changes and major system changes.
> > >> ??? NIC does not give any personal information to third parties, with 
> > >> the
> > >> exception of OpenNIC as far as they are required to reasonably or 
> > >> forced
> > >> by law.
> > >> ??? The registrant has the right to information and a right to amend, 
> > >> to
> > >> suspend or to delete his saved information. If deletion conflicts with 
> > >> a
> > >> legal or contractual duty to save information, or other legal grounds,
> > >> the information will be made inaccessible.
> > >>
> > >> Warranty and Liability
> > >> NIC tries to be as reliable and responsible as possible, however there
> > >> is no warranty for availability. For direct damages, secondary damages
> > >> or lost profits due to technical problems and disturbances we assume no
> > >> liability.
> > >>
> > >> In addition, the Registrant agrees to free NIC from all claims by third
> > >> parties in regard to illegal content or activity. The exemption
> > >> obligation includes liability for all legal defence costs.
> > >>
> > >> Updates
> > >> Minor changes, changes which will not affect registered domains, to the
> > >> policy can be made without notice in order to close loopholes quickly
> > >> and responsibly.
> > >> Changes which require to be voted on will be announced at least one 
> > >> week
> > >> before taking effect.
> > >>
> > >> -- 
> > >> Dominique Rehborn dominique AT boxnet.eu
> > >> _______________________________________________
> > >> discuss mailing list
> > >> discuss AT lists.opennicproject.org
> > >> http://lists.darkdna.net/mailman/listinfo/discuss
> > >> _______________________________________________
> > >> discuss mailing list
> > >> discuss AT lists.opennicproject.org
> > >> http://lists.darkdna.net/mailman/listinfo/discuss
> > > _______________________________________________
> > > discuss mailing list
> > > discuss AT lists.opennicproject.org
> > > http://lists.darkdna.net/mailman/listinfo/discuss
> > 
> 
> 
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