[governance] Re: IG questions that are not ICANN [was: Irony]

Adam Peake ajp at glocom.ac.jp
Wed Dec 5 12:46:06 EST 2007


>Meryem Marzouki [02/12/07 18:07 +0100]:
>>from Interpol presentation and the harsh 
>>critics it received from an audience almost 
>>only composed by LEAs, it seems that Interpol 
>>is seen as too "closed" in its ways of 
>>operation and too slow-acting. LEA
>
>Well yes - but as I said, Interpol is a last resort and only when you need
>global coordination / circulation of alerts to catch a criminal.
>
>MLATs - bilateral agreements between national law enforcement - work rather
>faster, and dont need to be referred through Interpol.


many national law enforcement agencies have rules 
on evidence sharing etc with other jurisdictions. 
I imagine these bilateral and multilateral 
agreements take careful consideration of human 
rights, not to violate those rights. (only 
example I can think of --and it's not a good 
one-- is many European countries won't extradite 
murder suspects to the US unless the prosecutor 
promises not to seek the death penalty.)

Do CERTS/CSIRTS, antispam orgs etc have the same concerns?  Do they care?

Adam



>>hand), etc. Moreover, this shouldn't be mixed 
>>up with issues mainly dealing with conflicts of 
>>rights, conflicts of jurisdictions and the 
>>absence of dual criminality (e.g. someone 
>>mentioned illegal gambling in a discussion on 
>>spam). Each category involve different 
>>problems, and different possible solutions, or 
>>at least different ways of addressing these 
>>problems.
>
>They shouldnt be. But they often are, when they are classified as a
>criminal offense in one country (but not the other). LËse majestÈ
>(disrespect to the king) in Thailand can get you upto 10 years hard time.
>
>Countries where law enforcement gets sucked into prosecuting this type of
>offense often find that a substantial part of their international
>enforcement work goes into trying to get some traction on "crimes" like
>this. They get no traction - are told to take a hike because of free speech
>issues - and so resort to things like banning Youtube, and get even more
>negative headlines in the world press. It is a vicious cycle.
>
>	srs
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