Fri, Apr. 28, 2006

Cooperation USA - Germany

HG - Washington.   United States Attorney General Alberto R. Gonzales and German Minister of Justice Brigitte Zypries signed on April 18, 2006 two supplementary agreements to the Germany-United States extradition treaty of 1978 and the Mutual Legal Assistance Treaty, MLAT, of 2003. These agreements implement two treaties between the European Union and the United States that are supposed to conform and modernize the cooperation in law enforcement.

The extradition supplement adds rules for data protection and the simplification of the procedure of authentication and transmission of extradition files. Germany will still not extradite, however, persons who may receive the death penalty in the United States.

The supplement to the MLAT, which covers issues such as seizures and service of process, allows the formation of joint investigative teams, the identification of holders of bank accounts and the video examination of witnesses and experts.

Grap That Domain

CK - Washington.Rechtblog mirrors a Munich press release on a judgment, 33 O 15828/05, of April 24, 2006 under the headline LG München: Domaingrapping muss nicht geduldet werden. The decision revolves around the issue of whether parties may re-use lapsed domain names previously used others for damaging, unrelated business purposes.

Some registrars adopt such domain names for new pages filled with advertising, including profitable links to sex sites. The district court determined that such recycling may violate the competition law and expose such parties, in this case apparently a Munich individual, to damages and restraining orders.

The press release uses the term domain grabbing which the court distinguishes slightly from the recycled use. It is unclear whether the term grapping comes from the judgment or elsewhere.

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