On 14 June 2017 at 12:16, Ali Hussein via kictanet <kictanet@lists.kictanet.or.ke> wrote:

This raises interesting questions and potential for precedence setting.

1.
Should a Registry take down a domain simply by being asked to? Even if that domain is clearly violating laws?

All takedown request have to go through due process, including a ruling from a court of competent jurisdiction.

2. Shouldn't laid down procedures for take downs be adhered to?

Sure, they have to be adhered to.

3. What recourse do the offended have in this case?

Go to court, and get a favorable ruling. Of course Pirate bay has shown over time that it is "The galaxy's most resilient BitTorrent site". They have become masters of Pirate Politics, e-democracy, and freedom of expression. They have shown resilience in protecting the rights of intermediaries. They even prompted the formation of The Pirate Party, which was initially formed to reform laws regarding copyright and patents. The party agenda includes support for strengthening the individual's right to privacy, both on the Internet and in everyday life, and the transparency of state administration. It has become a very powerful lobby group because they now have political clout.

4. Should a foreign entity/country threaten to shut down a Registry?

This is a big brother flexing their muscle in the wrong way. Over the years, ccTLDs have shown resiliency in remaining up and running even after their host countries have been sanctioned economically. Include any country here that has been sanctioned, and even decimated to paste through military intervention. At no time has their ccTLD been shut down.

Going forward post IANA transition, it is very unlikely that a ccTLD can be brought down through executive order. This will make very interesting debate in the next ICANN in South Africa.

Regards

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Mwendwa Kivuva, Nairobi, Kenya
twitter.com/lordmwesh