John Berryhill explains why moving to an offshore registrar is not always a good idea
One of the thoughts behind the reason why Gab.com moved to Uniregistry was that they wanted to get out from U.S. jurisdiction, a common thought among many when dealing with a controversial website.
John Berryhill explained why that is not really a great idea. In the case of Uniregistry which resides in the Cayman Islands, Mr. Berryhill wrote:
Which may turn out to be a very bad decision for them. Why would moving away from US jurisdiction be a good idea in these circumstances?
I’m not sure where people get the idea that Cayman is some lawless jurisdiction. It is not. People come down looking for nude beaches and casinos, and are shocked to discover that not only are such things not allowed, but you can’t even buy groceries on Sunday.
“Moving away from US jurisdiction” places them well outside of the First Amendment to the US Constitution, and it would behoove Escrow.com, and their customer, to consider Cayman Penal Code Sections 88A, 88B and 125 in particular.
Where a TOS refers to the “applicable law”, it is a good idea to find out what that applicable law may be.
Escrow.com is financially responsible for the decisions they make on behalf of their customers, and will be financially liable to their customers in the event they have made a bad decision here.
For an “escrow” provider to have deliberately made an irresponsible decision to place an escrowed asset at legal risk, knowing full well that laws abroad can be very different from US laws, would be quite a negligent thing for an escrow provider to have done. One would imagine their customers here would be quite disappointed in the event this turns out to have been as poor a decision on their part as it appears to be.
Gab.com has now moved onto Epik as reported by DomainInvesting.com.