The Sovereignsociety.com, a group whose fundamental purpose is to give advice regarding asset protection, issued an advisory yesterday, telling its members, that in light of the Kentucky Domain Seizure, they should register and host all of their domain names outside of the US.
In its post, the SovereignSociety, in calling the Kentucky seizure action a “trade war”, since the Commonwealth is attacking 141 online gambling sites, while protecting the online gambling site operating in Kentucky, TwinSpires.com, the Society says:
“”There’s no reason to think that this trade war will be limited to Internet gambling””
“”””If you offer a product or service that can be construed to compete with a bricks-and-mortar company in an industrialized country, expect to be attacked
To deal with these attacks:
- Register your domain name outside any major industrialized country.
- Set up backup servers outside major industrialized countries.
- Be prepared for court challenges from governments, such as that of Kentucky, to steal your intellectual property (IP).
Finally—if your Internet business is successful—you should take steps to transfer the ownership of your IP to a suitable offshore structure, if you haven’t already done so. That way, when the Kentucky’s of the world come after your Web site, you’ll no longer own it the most valuable part of it. That may not make bureaucrats very happy, but it will help insure that you can continue operating online.”””””
As we all know the case is under appeal and the appellate court decision is expected in the next few weeks.
If the appeals court does not overturn the order then I would agree with the Society and urge all to move their domains to an offshore registrar and hosting company.
Moreover, it seems clear to me that over the last year the US is intent on increasingly regulating the internet, i.e. the Snow Bill, making it a good jurisdiction to avoid as much as possible.
Regardless of how you feel about this issue, the fact that a group with a large readership is urging its members to move their domains and host them outside the US, is a big deal, especially if this logic hits more mainstream publications.
This is a big step for anyone to make!
I for one wont be moving all of my domains from the US but I dont own highly valuable generic domains like others.
There are some that I shall be looking to register abroad but most I’m happy with in the US
We all need protection and I think this is one that we need to watch with care. Who knows what this year shall bring and if you dont want to lose your domains I would move them.
Does anybody know if Fabulous considered Offshore or US ?
If this case works out to be positive for Kentucky, then be prepared for hell coming down on domainers. Even city’s going after there generic geo names and much more that we are not even thinking of. Franks Chillibeans.com was scary enough.
If I had 75 thousand names like some individuals it would already be a nightmare unless having them ownd by a offshore company in let’s say the Bahamas or Caymans.
Looks like their domain – sovereignsociety.com – is registered with a US registrar.
Jeff
Good catch
I’m going to write to the author
Duane:
City names are non-trademarkable in the US. Furthermore, the Kentucky decision had nothing to do with someone wanting to use those gambling sites for themselves.
Frank’s ChiliBeans.com was not developed and parking a name is becoming less safe every day. If you want to protect your name develop it.
Fabulous is in Australia, of course it is offshore, but from what I’ve read recently, their laws down under may be even more mest up than here in the USA — so i’d do further research before moving any “risky” names over there.
Best,
Mike
http://www.wannadevelop.com
“Looks like their domain – sovereignsociety.com – is registered with a US registrar.”
That’s funny.
Do as I say, not as I do.
Like the cartoon I saw the other day –
A very overweight doctor telling his thinner looking patient –
“you need to start exercising.”
I’ve been watching this thread, and wondering:
In order to sell domain names, or be a “registrar”
doesn’t one have to be a member of sorts with
ICANN? which is based in the USA?
so if that’s the case, how would one actually “register” a domain name offshore, if the governing body of registrar’s is US based?
Apparently, and please correct me if I’m wrong on this, but even domain sellers/resellers based in australia, asia, have to be ICANN approved/Registered.
I am sure it’s for consistency across the board, as if someone is going to register a TLD or any name for that matter, that they would have the backing of ICANN with at least some recourse to fall back on…
correct?
I was just curious and would like to keep this discussion thread going, as I don’t know or aren’t sure how someone would actually register a domain name offshore,..
Discuss amongst yourself
Dluzional
All good questions.
“””In order to sell domain names, or be a “registrar”
doesn’t one have to be a member of sorts with
ICANN? which is based in the USA?”””
Correct.
To be a domain registrar you have to be ICANN accredited and all registrar must follow their rules.
“””If that’s the case, how would one actually “register” a domain name offshore””
By registering a domain in a registrar located in an offshore jurisdiction.
Now where the offshore registrar could save your butt, is in a situation like the Kentucky domain seizure order, or when last year the government ordered certain domains dealing with Cuba seized from US based registrars.
Offshore registrars, having no offices, employee or bank accounts in the US, do not have to follow the order of a US court, were as US based registrars do.
Most enforcement action is US based so being outside the US can only help.
Wow….
Thanks for the response, figured due to it being the weekend, then monday would be earliest.
Now while I agree with what you’re saying, what I’m having trouble with is:
Offshore registrars, having no offices, employee or bank accounts in the US, do not have to follow the order of a US court, were as US based registrars do.
But if you have to become ICANN affiliated, then isn’t that working somewhat like a conduit to the domain registrar?
example, and I understand if I’m unclear in my asking or “perception”…although it sounds and looks good in my head LOL
so example:
I jump through all the hoops necessary to become a domain reeller or a registrar according to ICANN
While ICANN “is” registered in the USA, then the courts/law goes after them, and then they in turn go after the ICANN registered domain seller…
providing full cooperation…and ICANN takes it upon themselves to provide the information that the registrar has to the US authorities.
China has resellers
I assume China has to go through ICANN?
so because they’re “representatives of ICANN (according to ICANN’s Policy and procedures)
and ICANN is US based, then isn’t there the link for the US authorites to get the info it requires?
Sorry again, I was actually looking for offshore registrar’s, and couldn’t seem to find any, as they were all affilitiated somehow with ICANN, which to me being american based, is then not really being offshore.
It would seem that a complete new entity for offshore registrants, and domains, like the offshore company’s would need to be created as somewhat of a competitor to ICANN…
If I’m an ICANN based registrar, and ICANN says to me, pony up with the info we require or lose your registrar status, I wonder what the outcome would be in that regard..especially since a lot of them make gourds of cash from it.
Keep the info coming….I’ve got a couple other queries about hosting compnay’s and charges they charge and practises they do, but will look for an appropriate thread on that.
Thanks in advance, for all the great input
Ok
“””While ICANN “is” registered in the USA, then the courts/law goes after them, and then they in turn go after the ICANN registered domain seller…
providing full cooperation…and ICANN takes it upon themselves to provide the information that the registrar has to the US authorities.””””
ICANN doesn’t do this.
If someone files an UDRP or WIPO action then ICANN has rules that govern this and all registrars wherever located will have to follow the same rules and procedure, but court action is different.
Just like a US company is not going to honor a court order issued by Costa Rica, a Costa Rican company is not going to follow an order of a US court.
There are many ICANN accredited registrars located outside the US, but in my opinion there are very few outside of industrialized nations, if true offshore jurisdiction.
You can check out NameVault.com where we have all our domains registered. It is an ICANN accredited registrar, organized, and operating in and under the laws of the Bahamas
Just to confirm, Australia is regarded as an offshore registrar. If anyone has any specific questions or concerns, please feel free to contact me directly.
Mike Robertson
Business Development Manager
Fabulous.com