ICE grabs more domains

[Andrew A. Adams]

Joly MacFie wrote:

> ICE just grabbed some more domains, announced 49 of 125 seized thus far hav=
> e filed with the courts to get them back.
>
>
> http://www.ice.gov/news/releases/1105/110525washingtondc.htm
>
> "American business is threatened by those who produce counterfeit trademark=
> ed goods and pirate copyrighted materials," said ICE Director John Morton. =
> "From counterfeit pharmaceuticals and electronics to pirated movies, music,=
>  and software, IP thieves undermine the U.S. economy and jeopardize public =
> safety. That is why the Operation In Our Sites initiative will continue thr=
> ough 2011 and beyond. Our efforts through this operation successfully disru=
> pt the ability of criminals to purvey counterfeit goods and copyrighted mat=
> erials illegally over the Internet."
>
> In June 2010, ICE HSI and the IPR Center began "Operation In Our Sites." Si=
> nce the launch of this operation, ICE HSI and the IPR Center have seized a =
> total of 125 domain names and redirected those domain names to a seizure ba=
> nner. Seventy-six of the 125 domain names seized have now been forfeited to=
>  the United States government. Through the forfeiture process, individuals =
> who have an interest in the seized domain names are provided a period of ti=
> me after the "Notice of Seizure" to file a petition with a federal court an=
> d additional time after the "Notice of Forfeiture" to contest the forfeitur=
> e. If no petitions or claims are filed, the domain names become property of=
>  the U.S. government.

Interesting phrasing there. They call the domain names property and claim
that its title has passed to the US Government. I thought it was now settled
law that domain names were not "property" but simply a contractual
arrangement between the registrant and, via registar and registry, ICANN for
the root servers and the relevant servers below that to provide routing
information?

If these names have become property of the US government, are they now held
in perpetuity by the US government unless it assigns them elsewhere (such as
to the trademark holder on whose behalf they have seized them)?


--
Professor Andrew A Adams                      aaa at meiji.ac.jp
Professor at Graduate School of Business Administration,  and
Deputy Director of the Centre for Business Information Ethics
Meiji University, Tokyo, Japan       http://www.a-cubed.info/