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

parminder parminder at itforchange.net
Sun Nov 27 09:03:52 EST 2011


Reading this news with some other recent ones - like the case filed in a 
US court by the porn industry biggies against ICANN regarding .xxx 
domain - makes it clear that we urgently need suitable international 
legal mechanisms, and appropriate means of judicial review, in this 
area. De facto jurisdiction of the US law wont do. parminder

On Sunday 27 November 2011 12:37 AM, Salanieta T. Tamanikaiwaimaro wrote:
> 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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