VBulletin case: "This decision is a true cross-Shirt to Spanish sovereignty"

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Technology - Software
Thursday, 03 February 2011 16:45

As many of you know, these last few days we have witnessed an unprecedented action on the network. On Tuesday and then Wednesday, the web of links to sports broadcasts, 'vBulletin', was blocked in the. org and. com by U.S. agencies. Rojadirecta.org domain is the most used number 70 in the world. To shed some light, from Bitelia we have contacted the law firm Almeida representing vBulletin, who have kindly responded on their view of events through this interview. Almeida is a team of lawyers with offices in Madrid and Barcelona, which develops guidance in two areas, liability and legal advice and defense companies, and private initiatives related to Internet and new technologies.

Bitelia - Is there any history of what happened in Spain with rojadirecta.org and rojadirecta.com ?

Almeida Firm - No, there is no precedent in Spain. There have been occasions when a judge ordered the closure of a site or to prevent viewing, but has never acted level domain registration. It can be seen on any currently listed as whois domain owner rojadirecta.org the " Department of Homeland Security . "

B - One of the questions we all ask, and more with that comes very soon, is the reason that the United States is acting: Is it legal action taken by the United States? Can operate above the sovereignty of the Spanish court in this case and similar cases in future?

BA - A measure has been taken in the United States by reference to U.S. law, so it should be in the country where you discuss legality or otherwise of the measure, according to U.S. law.
The problem of managing the Domain Name System and the fact that, in practice and in fact, the whole system is subject to U.S. jurisdiction is something that comes from afar. When you created the ICANN , which carries out its duties under a contract with the Department of Commerce, Government of the United States, there were many critical voices that submission of the Domain Name System to U.S. jurisdiction, because, in the final instance, ICANN continues to be an entity subject to law and the jurisdiction of the U.S. Even then, in recent years of the last century, cautioned that things like this could happen in the future. Time has proved right those critics is not surprising that similar situations recur.

Indeed, decisions such as these show how right he was, for over 10 years, the French State Council in its report entitled "Internet et les réseaux numériques", dated July 2, 1998, stating, as one of the points of criticism then, that the Domain Name System had been guided solely by U.S. interests to the detriment of the sovereignty of other States. It is clear, therefore, the connection of the Domain Name System to the sovereignty of States.

In this case, bearing in mind that this page has already been tried by the Spanish courts, this decision is a true cross of hose to the Spanish sovereignty, and particularly the "fierce independence" Spanish judiciary, which so little appreciation U.S. authorities have been highlighted as leaks WikiLeaks .

B - Can the Spanish courts to protect the web to the measure adopted by the United States? Have you had any notification from our bodies?

BA - not had any news of the existence of this procedure prior to the measure, which, of course, does not comport with the most basic procedural safeguards to govern in all proceedings of this nature. It should also be borne in mind that vBulletin is a page of links called, so it would have sufficed, if necessary, to order the withdrawal of the links to the allegedly illegal content, and, at times, and as he comes in wins, does Google with the search results where it is increasingly common to see the note that links have been removed. Consider that instead of requiring Google to withdraw the links had proceeded to change the ownership of the domain on behalf of the Government of the United States. Unthinkable, right? So that's what they've done with vBulletin.

From the time the Domain Name System is managed by U.S. companies and organizations, the truth is that, in practice, the possible action of the Spanish courts are limited, as are the authorities of this country that effectively and with the consent of the other States, have the upper hand, as they say around here. However there are some possibilities of action are currently being studied.

It is highly instructive that no politician speak up now to defend a Spanish initiative which has been declared legal by the Spanish jurisdiction. It could even speculate that this measure has been urged to decisions by the Spanish courts, and that things go well in the future, in the end have to go around the world to sue the U.S. for Internet-related issues, and particularly with domain names, because one way or another, is that jurisdiction which are under the major companies and organizations that manage them.

B - What actions do you plan to take?

BA - As I said before, now is studying the actions you can take, both in U.S. jurisdiction and in Spanish.

B - Most users do not understand how it has been possible to have a lock for alleged violation of copyright to a Spanish website. Who are those conducting the blockade?

BA - The problem is that the entire domain name system is something that has always been controlled by the U.S. administration and remain so now.

The aforementioned report of the French Council of State, which devoted to domain names Chapter 5, described them as one of the backbones of the Internet. The Council also said that "Internet and digital networks, are primarily a new space for human expression, a space that transcends international borders, a decentralized space that no operator or any state can dominate completely, a heterogeneous space where each one can act, speak and work, an area with a passion for freedom. "

The truth is we are seeing that this is not so, and on domain names, it appears that a state is above the others. All this put back on the table the debate in the late 90's was on the international character must have institutions that are at the top of the Domain Name System. In fact that report of the State Council stated that "the regulatory bodies of the DNS should have an international character ", ending with a recognition of the need for public intervention, or to have a truly international body, ensuring that the essential principles of the Domain Name System should be defined in the framework of an international organization. This is the only way to try to avoid the excesses that can make a particular state.

What is clear is that these decisions reflect the need, now more than ever, to fight for the integrity of our sovereignty and independence of our powers and institutions, particularly the judiciary.

VBulletin case: "This decision is a true cross-Shirt to Spanish sovereignty" written in Bitelia on 3 February, 2011 by miguel-jorge
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