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Judge blocks seizure of Iran’s ccTLD

Kevin Murphy, November 13, 2014, Domain Policy

ICANN has won a court battle, and avoided a major political incident, over an attempt by terrorism victims to seize ccTLDs belonging to Iran, Korea and Syria.

A District of Columbia judge ruled this week that while ccTLDs may be a form of “property” under the law, they’re not “attachable” property.

Attachment is a legal concept used when creditors attempt to seize assets belonging to debtors.

The ruling overturns a request by a group of terrorism survivors, led by attorney Nitsana Darshan-Leitner, to have .ir, .sy, .kp, سور, and ايران. transferred to them in lieu of payment of previous court rulings.

Darshan-Leitner has previously secured US court judgments amounting to hundreds of millions of dollars against the three nations. Because the nations have not paid these penalties, she’s been using the courts to seize state-owned assets in the US instead.

But US District Judge Royce Lamberth ruled (pdf) earlier this week:

the country code Top Level Domain names at issue may not be attached in satisfaction of plaintiffs’ judgments because they are not property subject to attachment under District of Columbia law.

However, he added in a footnote:

But the conclusion that ccTLDs may not be attached in satisfaction of a judgment under District of Columbia law does not mean that they cannot be property. It simply means that they are not attachable property within this statutory scheme.

Drawing on “sparse” case law, Lamberth’s rationale appears to be that domain names are not a product, they’re a service. He wrote:

The ccTLDs exist only as they are made operational by the ccTLD managers that administer the registries of second level domains within them and by the parties that cause the ccTLDs to be listed on the root zone file. A ccTLD, like a domain name, cannot be conceptualized apart from the services provided by these parties. The Court cannot order plaintiffs’ insertion into this arrangement.

The ruling, which may of course be challenged by the plaintiffs, helps ICANN and the US government avoid a huge political embarrassment at a time when the links between the two are being dissolved and relations with Iran are defrosting.

North Korean domain to change hands

Kevin Murphy, April 15, 2011, Domain Registries

ICANN is set to redelegate .kp, the country-code top-level domain for North Korea, when its board of directors meets next week.

It’s less than four years since .kp was first created. In September 2007, IANA delegated the ccTLD for the first time to the Korea Computer Center, a Pyongyang-backed governmental organization.

The technical side of the registry is currently handled by KCC Europe, a German company, but while some .kp domains still resolve, the official registry web site has been offline for months.

The redelegation is part of the ICANN board’s consent agenda. This means that, barring surprises, it will simply be rubber-stamped with no substantive discussion.

Because ccTLD redelegations are handled in private, we won’t know who the new registry manager is until after the handover happens and the IANA report is published.

In other ccTLD news, ICANN may also create three new internationalized domain name ccTLDs, for Serbia (.срб ), Algeria (الجزائر) and Morroco (المغرب).

Those delegations are part of the board’s regular agenda for its April 21 meeting, and will be discussed.