Royce C. Lamberth, United States District Judge.
Plaintiffs hold a set of substantial money judgments against defendants Islamic Republic
Any device connected to the Internet is identified by a unique Internet Protocol ("IP") address, consisting of a series of numbers separated by periods. Office Depot Inc. v. Zuccarini, 596 F.3d 696, 698 (9th Cir.2010) (internal citation and quotation marks omitted). Because IP addresses in their bare form are unmemorable, the Domain Name System was created to allow people to more easily remember and find places on the Internet. ICANN, Beginner's Guide to Domain Names 3 (2010), available at https://www.icann.org/en/system/files/files/domain-names-begin ners-guide-06dec10-en.pdf. Under this system, IP addresses are given alphanumeric identifiers called domain names. Id. A domain name consists of a top level domain ("TLD") and second level domains within that TLD. Id. The TLD is the series of characters that are to the right of the last period in a domain name. For example, ".gov" is the TLD for the domain name assigned to this Court. A second level domain is the series of characters to the left of the last period in a domain name. Id. For example, "google" is the second level domain in "google.com." Second level domains are subdivisions of TLDs and are registered within the TLDs. Office Depot, Inc., 596 F.3d at 698 (internal citation and quotation marks omitted).
Country code TLDs ("ccTLDs") are a particular type of TLD which carry a two letter code identifying a relationship to a particular country. ICANN, ICP-1: Internet Domain Name System Structure and Delegation (ccTLD Administration and Delegation) (1999), available at https://www.icann.org/resources/pages/delegation-2012-02-25-en. The ccTLDs are operated by "managers" for that country. Id. Managers' duties include "assignment of domain names, delegation of subdomains and operation of nameservers." Id.
Information about the names and locations of the various TLDs on the Internet is stored on the "root zone file," which is the authoritative listing of this information on the Internet. IANA Functions and Related Root Zone Management Transition Questions and Answers, Nat'l Telecommc'ns & Info. Admin., U.S. Dep't of Commerce, http://www.ntia.doc.gov/other-publication/2014/iana-functions-and-related-root-zone-management-transition-questions-and-answ (last visited Nov. 6, 2014). The root can be analogized to a phone book for the Internet. Id.
With the foregoing foundational concepts in mind, the basic roadmap for what occurs between the moment a user types a domain name into an Internet browser and the moment the corresponding webpage appears on the user's screen can be described. The D.C. Circuit has succinctly done so as follows:
Thomas v. Network Solutions, Inc., 176 F.3d 500, 503-04 (D.C.Cir.1999) (internal citations omitted). Thus, the Internet Domain Name System operates as something of a pyramid. The root zone file, at the top of the pyramid, contains information on the TLDs within the system and the location of the registries for those TLDs. Id. Registries of the TLDs, in turn, contain IP address information on domain names logged within that TLD, which ultimately leads a computer (and its user) to the final Internet destination looked for. Office Depot, Inc., 596 F.3d at 698-99 (internal citation and quotation marks omitted).
ICANN is a non-profit corporation that performs the Internet Assigned Numbers Authority ("IANA") functions under a contract with the United States government. IANA functions, Nat'l Telecommc'ns & Info. Admin., U.S. Dep't of Commerce, http://www.ntia.doc.gov/category/iana-functions (last visited Nov. 6, 2014). Of relevance to these proceedings, these IANA functions include managing the process of delegation and redelegation of TLDs (including ccTLDs). Award/Contract No. SA1301-12-CN-0035 Between U.S. Dep't of Commerce and ICANN ¶ C.2.9.2.C, available at http://www.ntia.doc.gov/files/ntia/publications/sf_26_pg_1-2-final_award_and_sacs.pdf. This means that ICANN is responsible for recommending the entities that shall perform the functions of a ccTLD manager and for recommending corresponding changes to the root zone file. See id. (stating that ICANN "shall submit its recommendations" regarding delegation or re-delegation of a ccTLD to the Contracting Officer's Representative, i.e. a U.S. government official). "The delegation or redelegation process is designed to assign or re-assign a ccTLD to a manager," with such a change being implemented by a change to the root zone to indicate the TLD and its related manager. Delegating or redelegating a country-code top-level domain (ccTLD), IANA, http://www.iana.org/help/cctld-delegation (last visited Nov. 6, 2014).
Writs of attachment were issued against ICANN on June 24, 2014, seeking defendants' money, property, or credits in ICANN's possession. ECF No. 24.
Federal Rule of Civil Procedure 69(a)(1) provides that the "procedure on
There is little authority on the question of whether Internet domain names may be attached in satisfaction of a judgment. Indeed, no reported decision of any American court appears to have decided the specific issue of whether a ccTLD may be attached. The Virginia Supreme Court's discussion of these issues in Network Solutions, Inc. v. Umbro Int'l, Inc., 259 Va. 759, 529 S.E.2d 80 (2000) is helpful in illuminating the questions presented. There, the court held that a domain name could not be garnished by a judgment creditor under the relevant Virginia statute because it was "inextricably bound" to the domain name services provided by the registry operator. Id. at 86. The court elaborated: "[W]hatever contractual rights the judgment debtor has in the domain names at issue in this appeal, those rights do not exist separate and apart from [the registry] services that make the domain names operational Internet addresses." Id. The court further observed that allowing garnishment of a registry's services as part of garnishing a right to a domain name would mean that "practically any service would be garnishable." Id. at 86-87.
The Court finds this reasoning persuasive as applied to District of Columbia attachment law as well. The ccTLDs exist only as they are made operational by the ccTLD managers that administer the registries of second level domain names within them and by the parties that cause the ccTLDs to be listed on the root zone file. A ccTLD, like a domain name, cannot be conceptualized apart from the services provided by these parties. The Court cannot order plaintiffs' insertion into this arrangement. Cf. United States ex rel. Global Bldg. Supply, Inc. v. Harkins Builders, Inc., 45 F.3d 830, 833 (4th Cir.1995) (holding that "where the property is in the form of a contract right, the judgment creditor does not `step into the shoes' of the judgment debtor and become a party to the contract, but merely has the right to hold the garnishee liable for the value of that contract right").
While interpretations of the D.C.Code are sparse, they tend to support this understanding of ccTLDs. The District of Columbia Court of Appeals has held that "money payable upon a contingency or condition is not subject to garnishment until the contingency has happened or the condition has been fulfilled." Cummings Gen. Tire Co. v. Volpe Constr. Co., 230 A.2d 712, 713 (D.C.1967). Thus, payments under a contract that are conditioned upon completion of the work contracted for are not subject to garnishment because the "existence and amount" of the debt is "contingent and uncertain." Id. While this suit does not squarely fit within the rule articulated by the court in Cummings General Tire, that rule does illuminate the fact that courts may not, through garnishment proceedings, insert a judgment creditor into an ongoing contractual arrangement that necessarily requires continued work or services to have value. Here, the ccTLDs only have value because
For the preceding reasons, the Court concludes that the country code Top Level Domain names at issue may not be attached in satisfaction of plaintiffs' judgments because they are not property subject to attachment under District of Columbia law.
An Order shall issue this date consistent with this Memorandum Opinion.