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

Sun Nov 27 20:23:27 EST 2011

>
>
>>
>> Are IP addresses property or public resources?
>
>
> ARIN holds that IP address space is not property but is managed as a
> public resource.
>

The is also consistent with the Council of Europe's Declaration of the
Committee of Ministers on the management of the Internet protocol address
resources in the public interest (Adopted by the Committee of Ministers on
29 September 2010
at the 1094th meeting of the Ministers'
Deputies)[1]<file:///C:/Documents%20and%20Settings/s.tamanikaiwaimaro/My%20Documents/Connect/Impact%20of%20New%20York%20decision%20on%20RIRs%20all%20over%20the%20world%20and%20considerations%20for%20Connect.doc#_ftn1>
is
relevant.

[…]Paragraph 11 of the Ministerial Text where the Committee of Ministers,
therefore, declares the following:-

*- Internet protocol address resources should be regarded as shared
public resources and allocated and managed in the public interest by the
entities entrusted with these tasks, taking into account the present and
future needs of Internet users;*

------------------------------

[1]<file:///C:/Documents%20and%20Settings/s.tamanikaiwaimaro/My%20Documents/Connect/Impact%20of%20New%20York%20decision%20on%20RIRs%20all%20over%20the%20world%20and%20considerations%20for%20Connect.doc#_ftnref1>
https://wcd.coe.int/ViewDoc.jsp?id=1678299&Site=CM&BackColorInternet=C3C3C3&BackColorIntranet=EDB021&BackColorLogged=F5D383

> 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.
>

This is working quite well and is more open and transparent than most
governance mechanisms, in my view.

>
> 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.
>

This is of interest as we are preparing and designing coordination
mechanisms within Fiji and externally etc and is something that should be
clearly mapped etc.

>  I'll note that such a frameworkwould 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
>
>
>

-- 
Salanieta Tamanikaiwaimaro aka Sala

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