Three questions come to mind, reading section 102, that I do not know enough to answer:
First, is taking action under this law less work than seizing a U.S. domain? If so, the "well, they can already do this to domestic sites, and the internet isn't gone" argument doesn't hold; maybe the limiting factors are time and money, rather than the perceived odds of winning in court.
Second, along similar lines, does the victim of a spurious government action under section 102 have less recourse than the owner of a wrongfully seized domestic domain does? (I'm guessing the answer is "no, because there's nothing either one can do".)
Third, who determines whether a foreign site "would be" subject to seizure? Is it the same as who determines whether a domestic site actually IS? I mean, I can say that I only kick people in the shins if they would, theoretically, be found duly deserving of shin-kicking by a jury of their peers, and I could be totally sincere. But unless I actually start convening juries, I'm still just a guy walking around kicking people who I don't like.
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timeasmymeasure
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Date: 2011-12-16 10:17 pm (UTC)First, is taking action under this law less work than seizing a U.S. domain? If so, the "well, they can already do this to domestic sites, and the internet isn't gone" argument doesn't hold; maybe the limiting factors are time and money, rather than the perceived odds of winning in court.
Second, along similar lines, does the victim of a spurious government action under section 102 have less recourse than the owner of a wrongfully seized domestic domain does? (I'm guessing the answer is "no, because there's nothing either one can do".)
Third, who determines whether a foreign site "would be" subject to seizure? Is it the same as who determines whether a domestic site actually IS? I mean, I can say that I only kick people in the shins if they would, theoretically, be found duly deserving of shin-kicking by a jury of their peers, and I could be totally sincere. But unless I actually start convening juries, I'm still just a guy walking around kicking people who I don't like.