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

[John Curran]

On Nov 27, 2011, at 2:04 PM, Salanieta T. Tamanikaiwaimaro wrote:
> 
> On Mon, Nov 28, 2011 at 3:03 AM, parminder <parminder at itforchange.net> wrote:
> 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 
> 
> Are IP addresses property or public resources? 

ARIN holds that IP address space is not property but is managed as a 
public resource.  Address holders may have certain rights (such as the 
right to be the registrant of the address block, the right to transfer the 
registration, etc.) but these rights intersect with additional rights to the
the same address blocks which are held by the community (such as the 
right to visibility into the public portion of registrations).  It is the registry 
policies (set by the community via open and transparent processes) that 
governs the intersection and application of these rights.

Regarding what it is needed with respect to law enforcement, I do believe 
(personally; ARIN has not considered this matter) that there could be some 
use for an appropriate framework for handling law enforcement requests for
transnational orders affecting the Internet.  I'll note that such a framework
would facilitate each country adopting its own specific laws to implement 
those aspects of the framework compatible with their worldview.  I am much 
less sanguine about the prospects for a common set of global mechanisms, 
due to the difficulty in defining any mechanisms that operate across countries.

/John


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