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ICANN Ordered by Illinois Court to Suspend Spamhaus.org

Gadi Evron

Information about this court ruling can be found on Spamhaus's website [PDF]. Apparently, at this stage, it is only a proposed ruling. But I am no lawyer.

This story has been discussed before, when Spamhaus, which is located in the UK, was sued in the US by a spammer.

They refused to come before the court as "they do no business in Illinois, and are located in the UK.

Legal issues aside, imagine what would happen if Spamhaus was forced to present itself before courts all over the world, where they don't even do business. They are a volunteer organization and spammers will stop at nothing to get at them.

After this court ruling, Spamhaus.org was under a DDoS attack, in my opinion for the purpose of preventing users from reaching the information it provided about the court ruling. This was done along-side a Joe Job, sending fake email appearing to come from Spamhaus's CEO, Steve Linford. This email provided disinformation about the court ruling, claiming that anyone who uses the Spamhaus service can be facing legal action. This was false.

This court order (potential court order) to ICANN is the one of the most dangerous things that could potentially happen to the Internet, and it needs to be squashed. Next, we would see the court going after Spamhaus mirrors, Registrars or RIRs.

ICANN, while being composed of good people who do try and do good, does very little as an organization where it comes to stopping abuse. A lot of this abuse involves millions on millions of domain names. These are used for spam, phishing, CP, botnets and a lot of other such activities.

IF ICANN can now potentially be used to:

1. Attack an organization that keeps a lot of the Internet sane. Not just spam-free, but rather actively helps the fight against CP, phishing, etc.

2. Circumvent International law, forcing a foreign entity to answer the call of a court around the world, which ruled wrongly on business they don't actually do.

3. Shoot itself in the foot, forcing the formation of a sort of alternate root (we will keep using Spamhaus, folks, no matter what) or a move to a different TLD or a ccTLD. It will no longer be a relevant body. Hey, everybody is talking about how to keep Spamhaus alive. That's an idea that floats around a lot.

It will be a precedent which will open a can of worms, and there will be no end to it. This court ruling needs to be attacked with all possible force, by ICANN, the community, the news and everyone else who cares.

I still have faith in ICANN's good people, and I still have faith in the law enforcement officers who use what Spamhaus freely gives to the world. I also have faith in the judges of the Illinois court, and believe they will make the right call.

This Illinois court will meet with a clue stick and clue up, they don't currently seem to be very tech-savvy to me.

I am not sure at all ICANN can ignore such an order when it comes. ICANN will prevent this legal action, or something else will be done. Otherwise, maybe it IS time for an alternate root, as the alternate evil seems very shiny right now.

This is all yet to be determined, and mostly my opinion beyond the URLs provided. This, however, needs to be addressed. It is serious.

For now, what would be very nice is to see every ccTLD that "cares" provide with a free, courtesy domain name, and point to Spamhaus's IP addresses. Spamhaus.co.il, Spamhaus.jp, etc.

I am rather inflamatory in this post, but to be honest, the world isn't going to end, I will still go to Spmahaus's website even if I have to go to .co.uk instead of .org.

By Gadi Evron, Security Strategist. More blog posts from Gadi Evron can also be read here.

Related topics: DDoS, DNS, Domain Names, Email, ICANN, Security, Spam, Top-Level Domains

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Comments

Re: ICANN Ordered by Illinois Court to Suspend Spamhaus.org John Berryhill  –  Oct 07, 2006 2:01 PM PDT

For accuracy, Gadi, what you are looking at is not a court order binding on ICANN, and in fact is not a court order at all.

The document you are looking at is a proposed order that has been submitted to the court by the plaintiff.  The proposed order is to require the registrar to suspend the domain name because of an alleged violation of an injunction entered earlier in the case.

The proposed order is defective for several reasons, not the least of which is that it is directed at an entity which has not been a party to the litigation.

Re: ICANN Ordered by Illinois Court to Suspend Spamhaus.org Gadi Evron  –  Oct 07, 2006 4:59 PM PDT

Thanks for that clarification, John.
Further, Matthew Prince who is a lawyer in Illinois and quite spam savvy wrote a blog post on this subject, covering it from head to toe. Very interesting.

Re: ICANN Ordered by Illinois Court to Suspend Spamhaus.org Simon Waters  –  Oct 08, 2006 11:10 AM PDT

I'm curious - why ICANN?

Surely the response from ICANN's lawyers will be if this is a matter pertaining to the operation of the ".ORG" domain, please demonstrate you have exhausted avenues via the ".org" registry.

Which would throw the matter to the PIR.

More basic still I don't see how the domain is relevant here, he might as well sue the ISPs who route data to Spamhaus DNS servers.

If a credit rating agency gives you a bad rating, you don't sue their telephone company to complain that they give them service.

I assume US law has some discretion for judges to say "this is the wrong person".

Re: ICANN Ordered by Illinois Court to Suspend Spamhaus.org John Berryhill  –  Oct 10, 2006 5:10 AM PDT

I assume US law has some discretion for judges to say “this is the wrong person”.

The court has discretion to do whatever it pleases.  Here, the court is being asked to issue an order upon Tucows, which was never before this court.  The answer to any question premised upon "Can a judge...?" is yes.

Looking at the electronic docket of the case, it seems that Spamhaus was represented initially by CircleID member Evan Brown, who withdrew from the case and there was no subsequent participation in the proceeding by Spamhaus.  Odd that Spamhaus would seek removal from state court to federal court and subsequently claim lack of personal jurisdiction.

Re: ICANN Ordered by Illinois Court to Suspend Spamhaus.org Suresh Ramasubramanian  –  Oct 11, 2006 4:41 AM PDT

ICANN's response - as expected
http://www.icann.org/announcements/announcement-10oct06.htm

[...]

Please note that ICANN is not a party to this action and no order has been issued in this matter requiring any action by ICANN. Additionally, ICANN cannot comply with any order requiring it to suspend Spamhaus.org or any specific domain name because ICANN does not have either the ability or the authority to do so.

[...]

Re: ICANN Ordered by Illinois Court to Suspend Spamhaus.org Jane Clinton  –  Oct 11, 2006 10:41 AM PDT

It looks to me from what I see here and what I know about how ICANN and the law in general work that the headline this story is being sent around with is false. For example in your weekly email wrap.

I'm pretty sure it is simply not the case that:

ICANN has been Ordered by Illinois Court to Suspend Spamhaus.org

This error was first pointed out on 7 October, the very day the piece was posted.

Re: ICANN Ordered by Illinois Court to Suspend Spamhaus.org Daniel R. Tobias  –  Oct 11, 2006 4:28 PM PDT

If they switch to a .uk domain, it should more sensibly be under .org.uk rather than .co.uk.

Re: ICANN Ordered by Illinois Court to Suspend Spamhaus.org Rod  –  Oct 11, 2006 8:20 PM PDT

technically they are taking www.spamhaus.org to court when the effective domain name is spamhaus.org so they are not quite right.

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