That's why I want to see alternative DNS services (TLD) take off...
US claims all .com and .net websites are in its jurisdiction
91–100 of 159 posts
Re: US claims all .com and .net websites are in its jurisdiction
#92Earlier quoted context omitted.
That's not the case; non-citizens under U.S. jurisdiction also have due-process rights. For example, despite him being a French citizen, Dominique Strauss-Kahn is entitled to the standard Constitutional rights in his criminal trial, including things like being read Miranda rights, not being forced to testify against himself, and receiving a trial that accords with due process. If any of that were violated, he could a…
You're absolutely correct here. The 4th Amendment (giving protection from unreasonable search and seizure) starts off, "the right of the people...", not "the right of the citizens". Together with the 14th Amendment's Equal Protection clause, non-citizens get the same protections. That said, the doctrine used in asset seizure cases (generally connected to the failed war on drugs) is that it's the seized property itsel…
Yeah, on the latter point, I agree that the odds are stacked against any claim. But they'd be stacked against a claim by a U.S. citizen, too; apart from the added expense of litigation, I don't think a foreign company would be at an extra disadvantage in trying to get their domain name back, just the "normal" disadvantage that comes with trying to fight administrative property seizures.
Re: US claims all .com and .net websites are in its jurisdiction
#93All your base are belong to us
Re: US claims all .com and .net websites are in its jurisdiction
#94Earlier quoted context omitted.
"The only thing the US government has ever given up is control over the registry and DNS management. Under a MoU[1] that facility was handed over to ICANN ..." That's just a bureaucratic illusion. As we can see from recent domain seizures, the feds can take over any of these domains, unilaterally, and without any notice or due process.
Assets used in the commission of a crime can be seized regardless of if you are charged or even found guilty of that crime. Cars, boats, and houses are regularly seized from suspected drug dealers. None of these people have been deprived of due process. The due process is to go to the courts to challenge it. If you don't like either of these points, you'll need to go to the courts and have the laws changed or thrown…
> EDIT: Downvotes are not how you disagree on HN. Well thought out replies are.
Well thought out posts get well thought out replies.
For one, we're talking about foreigners here and you're saying they aren't deprived of due process - they merely need to come to American courts to get the laws changed. Hello!?
Second, you're missing the whole "your TLD is one of ours so you're in our jurisdiction no matter where you are" angle to this. The USA is attempting, yet again, to make its laws global.
Third, even if this was just domain name seizure as you seem to think, the government didn't warn or even inform people, let alone charge them with something. They aren't even officially admitting to it such that you can appeal. Even for Americans there is no due process.
Fourth, your "just like our drug laws" attitude betrays an incredible lack of perspective. Your drug laws are only slightly better than Indonesia and Saudi Arabia. Your forfeiture laws are not only fundamentally unjust but also rife with corruption.
Then you capped it off with "That's how America Works."
If you happened into a tech article on a subject you didn't know anything and added your opinion you'd be downvoted for getting in the way. Why should this be any different?
Re: US claims all .com and .net websites are in its jurisdiction
#95if they even remotely try it, I bet each country will have their own dns server and broken internet. this clearly show that How gradually, USOFA do not have any intention to keep internet open. so it would be wise to move away from them while we can. ( only sometimes, once in a while, why it seems that china is better ? )
if they even remotely try it
They've been acting as though they had jurisdiction for a while; there have been tons of .com domains seized for non-US sites. This is just a confirmation of their position.
Re: US claims all .com and .net websites are in its jurisdiction
#96Earlier quoted context omitted.
AFAIK here in Germany you can get in trouble for linking to illegal content. That includes linking to software like AnyDVD that cracks encryption. I think heise.de, a big German tech-news site, got in trouble over that.
I think the point of the parent post was that ICE is only focusing on people linking to 'illegal streaming sites,' but not going after 'illegal streaming sites' themselves, which seems somewhat backwards. That would be like the "War on Drugs" focusing on arresting people that point out where you can find drug dealers, but not bothering to go after actual drug dealers.
I think the point is that they aren't just going after illegal streaming sites, but also people linking to them. To use your analogy, they're going after drug dealers and people who tell you where you can find drug dealers.
Re: US claims all .com and .net websites are in its jurisdiction
#97Then .com's should be phased out. Migrate all .com to .co.us.
Why? A TLD doesn't have to explicitly reference the country in which it's based. The big TLDs started in the US, so it shouldn't be a surprise that they're still under the US jurisdiction. That said, fragmenting the internet into nationalistic TLD silos will probably have some negative consequences for the cross cultural nature of the internet, and it might help to give the non-obviously nation-based TLDs over to an…
Just because the US has historically had jurisdiction doesn't mean they always should forever. ICE has taken actions recently that proves conclusively they don't deserve this authority.
Re: US claims all .com and .net websites are in its jurisdiction
#98Earlier quoted context omitted.
Only US citizens have the right of due process.
That's not the case; non-citizens under U.S. jurisdiction also have due-process rights. For example, despite him being a French citizen, Dominique Strauss-Kahn is entitled to the standard Constitutional rights in his criminal trial, including things like being read Miranda rights, not being forced to testify against himself, and receiving a trial that accords with due process. If any of that were violated, he could a…
Unless, in certain cases one law overrules another even thought the two are completely separate. Case in point: https://www.facebook.com/topic.php?uid=139484910828&topi...
Note: I am not concerned with immigration, but de-facto denial of basic rights and discrimination on the basis of nationality in cases where those rights are basic human rights, and not privileges granted by the state.
Re: US claims all .com and .net websites are in its jurisdiction
#99Earlier quoted context omitted.
I imagine a decentralized DNS service based on the bitcoin network would be kinda cool.
Check out namecoin.
I had difficulty understanding namecoin. Do you simply pay for DNS registration with namecoins or is the DNS itself hosted in a decentralized and anonymous fashion?
Re: US claims all .com and .net websites are in its jurisdiction
#100Earlier quoted context omitted.
Assets used in the commission of a crime can be seized regardless of if you are charged or even found guilty of that crime. Cars, boats, and houses are regularly seized from suspected drug dealers. None of these people have been deprived of due process. The due process is to go to the courts to challenge it. If you don't like either of these points, you'll need to go to the courts and have the laws changed or thrown…
> EDIT: Downvotes are not how you disagree on HN. Well thought out replies are. Well thought out posts get well thought out replies. For one, we're talking about foreigners here and you're saying they aren't deprived of due process - they merely need to come to American courts to get the laws changed. Hello!? Second, you're missing the whole "your TLD is one of ours so you're in our jurisdiction no matter where you a…
Pot calling the kettle black, much? Please stop the anti-American trolling. I've noticed you consistently go from thread to thread spreading anti-American propaganda without citing any facts and insulting others: Africa like how you stood by and watched Rwanda butcher itself, quibbling over using the word 'genocide' to avoid hurting your allies, and own, historical images.
Or how WW2 the USA waited out much of the war while its allies were getting pummeled. Joining the war only when the USA was attacked. As spoils the USA has military bases in Germany, Italy, Japan, etc, and joint political control of much oil-rich and strategically important territory: http://news.ycombinator.com/item?id=2729132