[governance] 3322.org seized by Microsoft from Chinese DNS service provider

[Salanieta T. Tamanikaiwaimaro]

>
> Snip....
>
>
> Equally concerning is the trans border exercise of coercive force in such
> a blatant and sweeping manner... Do  such kind of things not give grist to
> the mills that advocate nationalised DNS systems that the recent proposal
> of China on 'autonomous Internet' to the IETF does...... We should know
> that the same kind of trans border excercise of power done in this case for
> an apparently good reason can be done for many other, more objectionable,
> kinds of reasons, if all it takes is a US judge getting convinced that US
> law/ interests are implicated.
>
> There should be more legitimate international systems taking care of the
> kind of problem that Microsoft detected than the way it got done. But there
> are people who remain convinced that nothing is broken that needs to be
> fixed - the broken record that we have been hearing for more than a decade
> now.
>
> parminder


This reminds me of Operation Ghostnet that was brought down. Now here's a
recent take down by Microsoft following a Court Order that it received from
the US District Court for the Eastern District of Virginia in Alexandria,
 see: *Microsoft Corporation a Washington corporation v Peng Yong*, *an
individual; Changzhou Bei Te Kang Mu Software Technology Co., Ltd,, d/b/a
Bitcomm, Ltd; John Does 1-3*
*
*

http://www.theregister.co.uk/2012/09/13/botnet_takedown/  The Article also
contains links to the Pleadings (court documents that were filed).

In my personal view the Judge did the correct thing. "Microsoft said that
within hours of the takeover order being granted, it saw more than 35
million unique Internet addresses phoning home to those 70,000 malicious
domains. "

*Peng Yong*, *an individual; Changzhou Bei Te Kang Mu Software Technology
Co., Ltd,, d/b/a Bitcomm, Ltd *had the opportunity to defend itself as we
can see from the Pleadings that were filed in Virginia. A maturity that we
may be seeing is that Microsoft is moving away from past unilateral actions
as reported in the article that Norbert shared.

The reality is that clampdowns on Botnets etc can be filed in any court
provided you have the appropriate legislations in place that recognise it
as a crime in the first place. It is the option of whoever is filing to
select their jurisdiction of choice.

I don't feel that we need new legitimate international systems to address
the problem of botnets. This is a collective responsibility of all
stakeholders within the Internet Universe.

>
>
>
>> "Last week, Microsoft Corp. made headlines when it scored an
>> unconventional if not unprecedented legal victory: Convincing a U.S.
>> court to let it seize control of a Chinese Internet service provider’s
>> network as part of a crackdown on piracy..."
>>
>>
>
>
> ____________________________________________________________
> You received this message as a subscriber on the list:
>      governance at lists.igcaucus.org
> To be removed from the list, visit:
>      http://www.igcaucus.org/unsubscribing
>
> For all other list information and functions, see:
>      http://lists.igcaucus.org/info/governance
> To edit your profile and to find the IGC's charter, see:
>      http://www.igcaucus.org/
>
> Translate this email: http://translate.google.com/translate_t
>
>


-- 
Salanieta Tamanikaiwaimaro aka Sala
P.O. Box 17862
Suva
Fiji

Twitter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Fiji Cell: +679 998 2851
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20120924/bbfbce3e/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t