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by nekusar 3 hours ago
> Yes you do own your domain, as much as you can own your house

Uh, no.

I can legally shoot and kill intruders due to castle doctrine and stand your ground laws in my physical home. And legal invasions require being in front of a judge and a search warrant.

A domain can be seized for 'terms of service' (aka kangaroo court) reasons. Stand your ground nor castle doctrine doesn't apply to your digital house.

2 comments

Domains typically can’t be seized for arbitrary ToS violations, as registrars who do this can lose their accreditation with ICANN (and thus their ability to host domains at all). If the registrar could “frame” you for something like DNS abuse then maybe they could justify a suspension, and if they don’t unsuspend it after you correct the issue, you’d have to file a complaint with ICANN to (hopefully) get it back. If something like this happened and became public, though, the registrar would lose tons of business, as people would develop doubts about the registrar’s reputation.
Let's compare apples to apples, shall we.

How many houses were actually seized, repossessed, commandeered with "eminent domain", slowly taken over via "adverse possession", encroached on with easements and air rights, and whatever else? Versus how many domains?

There is no violence on the internet. You can't shoot intruders. And that's a great thing.

Put in legal terms, you do NOT have this level of ownership to your house... and you certainly do not have sovereign immunity on your land: https://en.wikipedia.org/wiki/Allodial_title

Usually the best you can get is this: https://en.wikipedia.org/wiki/Fee_simple

You probably have something more like this: https://en.wikipedia.org/wiki/Freehold_(law)

What you are describing is more like the king of England being able to shoot people on his own property, and have full sovereign immunity (in theory, I mean recently a British prince was arrested on allegations of far less).

I'm not sure where you're from, but in my state, we have "Castle Doctrine" and "Stand your Ground" laws.

That means if you are a home invader, I can legally shoot and kill you. There'll be an investigation, but both statutes are affirmative defenses to killing.

Its not that I want to, or look forward to it. I don't, and I hope I never have to. But I will, if I'm forced.

I am familiar with it. But even then it applies only “if a person is under an imminent threat of serious physical harm or danger by a guest (or an intruder) in their home, they do not have to attempt to safely escape the situation prior to using physical force; the homeowner may immediately use force to eliminate the threat in their home.”

For example shooting a 5 year old kid who trespassed on your property isnt covered