Re: New DNS vulnerability: political overreach

["Anne P. Mitchell, Esq. via NANOG" <nanog () lists nanog org>]

> On Jul 27, 2026, at 5:47 PM, William Herrin <bill () herrin us> wrote:
>
> On Mon, Jul 27, 2026 at 3:48 PM Anne P. Mitchell, Esq. via NANOG
> <nanog () lists nanog org> wrote:
> > Bill is correct that they should have *removed* it to federal court.
> > Ignoring it was about the most stupid thing they could do, as,
> > again with a nod to Bill, when you default you lose by, well, default.
>
> Hi Anne,
>
> My concern, and this is where I think the law could stand improvement,
> is that the court co-opted a distant third party in its remedy for the
> dispute. They interfered with a contract between Verisign and one of
> its registrars, neither of which was a party to the lawsuit about
> Kick's behavior, neither of which was accused of any wrongdoing, and
> neither of which was more than tenuously operating within the court's
> geographical jurisdiction. That doesn't seem like something the law
> should allow, at least not of a state court.

Hi Bill! Unfortunately as it stands the remedy for this is for Verisign and/or the impacted registrar to..you got 
it..sue.

They might have been able to file a motion to be joined as a non-party (with a third-party interest) while the suit was 
live, if they knew about it.

Anne

--
Anne P. Mitchell, Esq.
Internet Law & Policy Attorney, Legislative Advisor
Author: Section 6 of the CAN-SPAM Act of 2003
CEO Institute for Social Internet Public Policy
Originator of the term 'deliverability'; Co-Founder of the deliverability industry
Author: The Email Deliverability Handbook
Board of Directors, Denver Internet Exchange
Dean Emeritus, Cyberlaw & Cybersecurity, Lincoln Law School
Prof. Emeritus, Lincoln Law School
Chair Emeritus, Asilomar Microcomputer Workshop
Counsel Emeritus, eMail Abuse Prevention System (MAPS)

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