When you start a business, who controls your domain name?
Friday, March 7th, 2008It has long been a point of contention in the world that the organization that manages internet domain names is an American company (there have been suggestions that given the importance of email and web sites, it should be UN controlled).
This situation certainly won’t help settle the concerns … the US government has seized the domain name of a Spanish company that sells Cuban vacations because it violates US law.
Ars Technica certainly pulls no punches in their final analysis:
As previously noted, Marshall is a British citizen operating a business from Spain, with servers located in the Bahamas. He does not claim that no Americans ever visited Cuba, but he has stated that he was uninterested in marketing his services to the US. In this case, the Department of the Treasury was able to shut down his business without notification or negotiation of any sort. Even if he wanted to appeal the decision, Marshall has no organization to which he can appeal, save his registrar, which can simply claim to have been following government orders.
If the US intends to continue presenting itself as the guardian of Internet rights, situations like this require a bit more delicacy. By effectively shutting down Marshall’s business, the United States has committed the censorship it condemns in other nations. Even worse, the Department of Treasury effectively shut down an international business without any type of due process. Both France and Germany followed a court process when investigating Yahoo for alleged improprieties, and the company in question (Yahoo) had the opportunity to respond to the charges in a court of law. Marshall was afforded no such luxury.







