4 ms·

I kind of agree. This is the sort of thing which should be handled through a $500 lawsuit, not a $50 million law suit: * Namecheap should say: "That's not our

I kind of agree. This is the sort of thing which should be handled through a $500 lawsuit, not a $50 million law suit: * Namecheap should say: "That's not our problem. It's up to the courts. Get a warrant." * Facebook should say "okay." * Namecheap should notify the domain holder, and let them fight it if they want. * If they don't fight it, Facebook should have a short filing explaining the problem and asking for a release of information. If it's reasonable, the judge should sign it, and Namecheap should give up the information. If it's unreasonable, the judge should not sign it. It's how courts should work, and it's how due process should work.

edoceo 7y ago
Upvote for reasonable, pragmatic process. Maybe typo on step four to "if choose to fight".
lathiat 7y ago
same. this is exactly the kind of process I want in our courts whether the requestor is private or governmental. sadly at least in Australia we keep passing stupid new laws that erode the judicial oversight giving various authorities (and many more than just the "police") ability to do all sorts of things with no warrant or judge oversight and I don't like it.
pbhjpbhj 7y ago
Do you think that would make Namecheap change their ways at all? Won't it mean Facebook have to keep taking Namecheap to court; and other domain registrars?
- jeremyjh 7y ago
  By change their ways, do you mean Namecheap should violate their customer's privacy without any due process?
- skywhopper 7y ago
  What ways are you seeking to change?
  - pbhjpbhj 7y ago
    Registering domains for people who either clearly intend to use them for phishing or which are blatant trademark infringements.
dangerface 7y ago
This should be namecheaps argument and its 100% true. The only reason facebook are doing this is to cut the courts out of the process and give that power to themselves. If namecheap can make this case there isn't a judge in the country that would side with facebook. In my opinion judges tend to get pretty pissy when you try and cut them out of the process, I really hope this happens and it comes back to haunt facebook.
jrochkind1 7y ago
Facebook can't get a warrant (just like you or I can't get a warrant either), only law enforcement can get a warrant. I'm not sure if you're suggesting Facebook go to the police and file a criminal complaint under some law, and try to convince the police to get a warrant. Or maybe Facebook's lawyers could subpoena for discovery or something. I'm not sure. I'm not a lawyer. It would be good to have a legal overview from someone that is actually familiar with relevant law.

edoceo 7y ago

Upvote for reasonable, pragmatic process. Maybe typo on step four to "if choose to fight".

lathiat 7y ago

same. this is exactly the kind of process I want in our courts whether the requestor is private or governmental. sadly at least in Australia we keep passing stupid new laws that erode the judicial oversight giving various authorities (and many more than just the "police") ability to do all sorts of things with no warrant or judge oversight and I don't like it.

pbhjpbhj 7y ago

Do you think that would make Namecheap change their ways at all? Won't it mean Facebook have to keep taking Namecheap to court; and other domain registrars?

jeremyjh 7y ago
By change their ways, do you mean Namecheap should violate their customer's privacy without any due process?
skywhopper 7y ago
What ways are you seeking to change?
- pbhjpbhj 7y ago
  Registering domains for people who either clearly intend to use them for phishing or which are blatant trademark infringements.

dangerface 7y ago

This should be namecheaps argument and its 100% true. The only reason facebook are doing this is to cut the courts out of the process and give that power to themselves. If namecheap can make this case there isn't a judge in the country that would side with facebook. In my opinion judges tend to get pretty pissy when you try and cut them out of the process, I really hope this happens and it comes back to haunt facebook.

jrochkind1 7y ago

Facebook can't get a warrant (just like you or I can't get a warrant either), only law enforcement can get a warrant. I'm not sure if you're suggesting Facebook go to the police and file a criminal complaint under some law, and try to convince the police to get a warrant. Or maybe Facebook's lawyers could subpoena for discovery or something. I'm not sure. I'm not a lawyer. It would be good to have a legal overview from someone that is actually familiar with relevant law.