RE: [soac-mapo] when is a domain name "incitement" that can be prohibited?
- To: Carlton Samuels <carlton.samuels@xxxxxxxxx>, Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>
- Subject: RE: [soac-mapo] when is a domain name "incitement" that can be prohibited?
- From: Milton L Mueller <mueller@xxxxxxx>
- Date: Mon, 17 Jan 2011 23:20:02 -0500
Right on target, Carleton. The absurdities of attempts to regulate expression
From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On Behalf Of
Sent: Monday, January 17, 2011 1:28 PM
To: Stéphane Van Gelder
Cc: Robin Gross; soac-mapo
Subject: Re: [soac-mapo] when is a domain name "incitement" that can be
On 2011/1/17 Stéphane Van Gelder
"The real crime here, as far as France is concerned anyway, being insulting the
nation and not insulting the person in question."
Hmmm, this is very interesting, this insulting a nation bit. This is a correct
interpretation.....this is the law of France, not outlaw states like say,
um....North Korea...or Iran...or Cuba? A whole nation? How does one do that,
you suppose? Maybe say stuff like 'the Eiffel Tower is an old piece of
iron....and not that tall anyways!'? Or, recall the 'french fries' thing on
Capitol Hill back in the day? Would that qualify as an insult to
France.......maybe, a 'casus belli' if somebody 'important enough' from
somewhere 'unimportant' were to utter them? Would this make a good case for
across the board int'l acceptance..which is the central idea for a policy
...just thinking aloud......about that inerrancy mindset.....depending, of
course, on who you are and where you're from!!
Helluva thing, power.....or the perception of it....
2011/1/17 Stéphane Van Gelder
Thanks Robin, very interesting and does seem of particular relevance to this
I believe France has the same legal context as the US, i.e. it's only if you
threaten to kill the President that you are breaking the law. That may however
extend to any senior member of government, I am not sure. The real crime here,
as far as France is concerned anyway, being insulting the nation and not
insulting the person in question.
In any case, when threats of this kind are made against someone who is not a
member of government, even though it is not against the law, it may go against
our idea of morality. Public threats against anyone's life are offensive to me,
but that is a matter of personal ethics.
So I would not like a threatening gTLD to be allowed through ICANN's
application process unchecked. If that was a possibility, I would hope that
some kind of mechanism be in place to allow me to challenge that application.
Le 15 janv. 2011 à 19:45, Robin Gross a écrit :
Interesting real world development of relevance to the discussion on the legal
standard of incitement / instigation to commit violence.
The words "kill x" alone is not incitement under US law that can be prohibited
(unless x is Obama).
Death Threat Domain Names: Registrar Says Killjulianassange.com Will Not Be
The Huffington Post Lila Shapiro Posted: 01/14/11 03:23 PM
has a quick post up today claiming that "Registering death threats as domain
names is the hot new thing in psychopathic anti-Wikileaks action!"
According to vivantleakers.org<http://www.artificialeyes.tv/node/852> -- a new
site created to track "cyber-bullying domain names of wikileaks associates" --
multiple death-threat domain names have been registered going after Wikileaks
director Julian Assange. Killjulianassange.com<http://Killjulianassange.com/>
and julianassangemustdie.com<http://julianassangemustdie.com/> are recently
registered examples, although they have no content on them at this time.
Go Daddy, the site which registered both
julianassangemustdie.com<http://julianassangemustdie.com/> said there is
nothing that can be done about either site while they are contentless. Go Daddy
registers a domain name every .8 seconds -- any domain name can be registered
and there is no human intervention.
"Unless and until there is content associated with
killjulianassange.com<http://killjulianassange.com/> there is no way for us to
know what that means," said Christine Jones, Go Daddy's General Counsel.
"There's no way to judge whether there's going to be something done with that
domain name or if it is going to be violating any rule."
In the past week, Go Daddy has received numerous calls regarding the death
threat domain names, but the company has no intention of taking action at this
time. The one exception to this, Jones said, would be a domain name death
threat for the President, "if the secret service contacted us, we would almost
certainly take action on those domain names."
Assange is no stranger to death threats of the old fashioned kind either. In an
online chat with the Guardian Assange
wrote<http://www.reuters.com/article/idUSLDE6B21O820101204> that anyone making
threats against his life should be charged with incitement to murder: "The
threats against our lives are a matter of public record, however, we are taking
the appropriate precautions to the degree that we are able when dealing with a
Domain name attacks have become increasingly popular in a wide range of
To prepare for an allegedly forthcoming WikiLeak which will supposedly reveal
troves of highly sensitive information, Bank of America reportedly bought up
scores of domain
that are critical of the bank and CEO Brian Moynihan.
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA 94117 USA
p: +1-415-553-6261 f: +1-415-462-6451
w: http://www.ipjustice.org<http://www.ipjustice.org/> e: