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24
JAN
2013

ICANN “Thought Paper” on domain seizures avoids discussing Registrants’ rights

In January Dave Piscitello, , a Senior Security Technologist at ICANN, together with the ICANN Security Team, issued ‘Guidance for Preparing Domain Name Orders, Seizures & Takedowns’, a “thought paper” offering advice for those preparing an order to seize or take down a domain name.

However, the document wording seems to suggest that the domain holder who has been accused is already guilty of whatever objection has been raised against them.  No caution is advised for the accuser to avoid taking action prematurely before law enforcement is satisfied that the domain holder is in violation of the law.

Piscitello’s paper also sidesteps any offer of guidance on the mechanisms available to the domain holder to defend himself and, furthermore, there is no mention anywhere in the paper of how the  domain holder can reclaim their domain name after it has been taken down, in the event that it is determined that no wrongdoing was conducted by them.

Whether or not this paper should have included a discussion of an accused domain holder’s rights is debatable, though a caveat to warn against premature action may have been desirable.

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