[governance] US v John Doe & Others [#RIRs #Botnets #IP Addresses #extraterritorial jurisdictional application]

[Salanieta T. Tamanikaiwaimaro]

Dear All,

Warm Greetings from Fiji! Trusting that you are all well and in excellent
health.

There was an interesting blog by *Milton Mueller, M. Van Eeten and B.
Kuerbis* on the IGP Blogsite that I read today, see:
http://blog.internetgovernance.org/blog/_archives/2011/11/23/4944811.html

The Post Indictment Protective Order pursuant to 21 U.S.C  issued by the
Honorable William H Pauly III United States District Judge Southern
District of New York see para 13, page 7 and 8
http://images.spaceref.com/news/2011/ProtectiveOrder.pdf
What is of interest in the Order is that it mentions all the RIRs that are
served Notice have to comply with the instructions within the Judgment.

I am not surprised that the Dutch Court reacted the way (all primary
sources documents are on the blogsite) because if the numbers are assigned
from IANA (http://www.iana.org/numbers) it follows that connection (thread)
enables the Honorable William H Pauly III to exert his powers over all the
RIRs.  This does not stop the process from being followed going through the
process of filing the foreign judgments to the jurisdiction of choice
before "service" etc which was what was done in this case.

However, you can always argue the "*exception*" and in law there is always
an exception.

In the not too distant future, the RIRs will have to contemplate whether
they are comfortable with this arrangement or not. I am all for cooperation
in terms of cyber security threats clamp downs etc where it affects
ordinary internet users but the question is should this be done at RIR
level or ISPs or both and to what extent?


Kind Regards,
-- 
Salanieta Tamanikaiwaimaro aka Sala

Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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