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

[Salanieta T. Tamanikaiwaimaro]

On Mon, Nov 28, 2011 at 2:23 PM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

>
>>>
>>> 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] is relevant.
>
> [Correction The is also consistent should read, "This is also consistent"
> […]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]
> 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
>
>
>
>


-- 
Salanieta Tamanikaiwaimaro aka Sala

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