Net Agreement Renewal

[Andrea Nicosia <andrea.nicosia@xxxxxxxxxxxxxxxxx>]

To whom it may concern:

I am the owner and editor of andreanicosia.net and apofenia.net.
I am writing to express my objections to the comments filed by the
Intellectual Property Constituency, available here:

http://forum.icann.org/lists/net-agreement-renewal/pdfTeYfTqqAOg.pdf

==

1. DOMAIN SEIZURES DON'T WORK AND ARE DISPROPORTIONATE

The past year has seen ample evidence that domain seizures don't work.
The extrajudicial, streamlined rough justice that the IPC and its
members advocate resulted in the erroneous seizure of 80,000 websites
and their replacement with an incorrect warning that they had
previously hosted child pornography.

http://boingboing.net/2011/02/17/dhs-erroneously-seiz.html

Meanwhile, practically every site seized went back up immediately. Of
course, some of the seized sites had been found legal in their local
courts, so it's not surprising:

http://arstechnica.com/tech-policy/news/2011/04/do-domain-seizures-keep-streaming-sites-down.ars

Site operators accused of copyright infringement should be sued in the
appropriate courts, which can issue injunctions during or after the
proceeding, on the basis of evidence. It is not appropriate to ask
Verisign to adjudicate technically complex copyright claims. The
outcome will be similar to what we've seen already: overreaching
claims, seizures of legitimate sites, and a shoot-first,
ask-questions-later approach characteristic of the IPC's members.

==

2. PRIVATE DOMAIN REGISTRATION IS A FEATURE, NOT A BUG

Many domain registrants are private individuals, lacking a commercial
office, PO box or other address for use in domain registration.
Compelling registrars to publish their customers' home addresses on
the public Internet isn't a "best practice" -- it's a privacy disaster
in the making, a gift to identity thieves and stalkers, and anything
but common sense. We don't publish our home addresses on the Internet,
and neither do the people who pay the bills at the IPC. Why should
everyone else be required to, just to save the IPC's members the
trouble of securing a court order when they believe their rights are
being infringed?

==

For these reasons, I ask that you disregard the comments of the IPC in
their entirety.

Thank you,
Andrea Nicosia

Consulente in Comunicazione Aziendale
Via Lamberto da Fagnano, 9
00165 Roma - Italy
+390666411872
+393475831347
www.andreanicosia.net