ICANN Tells U.S. Court that ccTLDs are not “Property”

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icannThe Internet Corporation for Assigned Names and Numbers (ICANN), the global body charged with the mission is to ensure a stable, secure and unified global Internet today told a U.S. federal court in the District of Columbia, that a country code Top-Level Domain (ccTLD) cannot be considered “property,” and thus cannot be attached by plaintiffs in a lawsuit, who are trying to obtain the assets of countries that they argued have supported terrorism.

“We filed a Motion to Quash in the US federal court today, to ensure that the court has the essential information about how the Internet’s domain name system (DNS) works. While we sympathize with what plaintiffs may have endured, ICANN’s role in the domain name system has nothing to do with any property of the countries involved”, said John Jeffrey, ICANN’s General Counsel and Secretary.

“We explained in our Motion to Quash, that country code Top-Level Domains (ccTLD) are part of a single, global interoperable Internet which ICANN serves to help maintain.” Jeffrey further explained that “ccTLD’s are not property, and are not ‘owned’ or ‘possessed’ by anyone including ICANN, and therefore cannot be seized in a lawsuit.”

ICANN’s arguments were put forth when the victims of terrorism who had successfully won lawsuits against Iran, Syria and North Korea, sought to collect on those civil judgments.  In their attempt to recover assets from these countries, the plaintiffs served ICANN with “writs of attachment” and subpoenas seeking information to help them seize the ccTLDs of those nations.

The ccTLDs (and related IP addresses) targeted by the plaintiffs include; .IR (Iran), .SY (Syria) and .KP (North Korea), as well as internationalized top-level domains in non-ASCII characters for Iran and Syria.

Formed in 1998, ICANN coordinates unique identifiers across the world so as each of us has their own identity online. ICANN doesn’t control content on the Internet but has an important impact on the expansion and evolution of the Internet.

 

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Sam Wakoba
Based in Nairobi, Kenya, Sam Wakoba is a pan-African technology journalist, author, entrepreneur, technology business mentor, judge, educationalist, and a sought-after speaker and panelist across Africa’s innovation ecosystem. He is the convenor of the popular monthly #TechNight evening event and the #StartupEast Awards and Conference, platforms that bring together startup founders, developers, entrepreneurs, investors, content creators, and tech professionals from across the continent. For more than 16 years, Sam has reported on and analysed Africa’s technology landscape, covering some of the continent’s most impactful, and at times controversial policies, programs, investors, co-founders, startups, and corporations. His work is known for its independence, depth, and fairness, with a singular goal of helping build and strengthen Africa’s nascent technology ecosystem. Beyond journalism, Sam is a business analyst and consultant, working with brands, universities, corporates, SMEs, and startups across East Africa, as well as international companies entering the East African market or scaling across Africa. In his free time, he volunteers as a consulting editor and fintech analyst at Business Tech Kenya, a business, technology, and data firm that publishes reports, reviews, and insights on business and technology trends in Kenya. Follow him on X: @SamWakoba