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

[Salanieta T. Tamanikaiwaimaro]

On Mon, Sep 24, 2012 at 2:42 AM, Norbert Bollow <nb at bollow.ch> wrote:

> Salanieta T. Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com>
> wrote:
>
> > I don't feel that we need new legitimate international systems to
> > address the problem of botnets.
>
> I also certainly wouldn't ask for a "legitimate international systems to
> address the problem of botnets" specifically, but I share the concern
> that I believe Parminder was expressing, and I think that domain name
> seizures by US courts when the domain name holder is outside the US
> need to be either stopped or made subject to legitimate internationally
> agreed rules.
>

The reality is that countries differ in the manner of categorising cyber
crime and this poses a challenge as far as extra-territorial jurisdictional
enforcement. If country A and country B both have the same categorisation
of what they consider to be a cyber crime, then chances of law enforcement
cooperation are higher then if they were'nt. For instance even despite
things like the Budapest Convention it does not mean that categorisation is
the same for countries who have ratified it. For example, if we take "child
pornography", Article 9(2) limits this content related offence, see: "For
the purpose of paragraph 1 above, the term "child pornography" shall
include pornographic material that visually depicts"

On one hand you have blind persons claiming "visual impairment" as a
defence.


It is part of the responsibility of courts to weigh the effects of an
> order that is requested not only with regard to the litigants, but also
> with regard to the public interest and with regard to innocent third
> parties that might be affected.

The third parties are those computers who have been infected by "Malware"
andl who have no idea that their machines are being unscrupulously used by
a few.


> Third parties who would be affected by
> the order must be given a fair opportunity to inform the court about
> how they would be affected.
>
Imagine in this case identifying the John Does and flying 35 million
persons for one trial. So it follows that enforcement in this regard is not
that simple.

>
> Does anyone seriously believe that in this case there was any chance
> for the effects on the innocent third parties in China to be explained,
> or appropriately weighted, or weighted as strongly as if they had been
> US residents?
>
 Botnets are global and so end users computers who are caught in the
"dragnet" are from the world over. You are right there should be robust
dialogue and discussions on  this matter as far as establishing criminal
liability, rights of parties etc etc.

>
> All website addresses and email addresses at subdomains of 3322.org
> were destroyed by the seizure. In my understanding that was "arbitrary
> or unlawful interference with" the "correspondence" of innocent
> people, and therefore a human rights violation (see ICCPR [1], article
> 17).
> [1] http://idgovmap.org/map/treaty/ICCPR


Well this is something that should be robustly discussed etc where we
collectively explore all sides and weigh the matter thoroughly.

>
>
> (IMO, if the US court did not consider the effects on the innocent
> third parties, then the seizure was *arbitrary* interference. If the
> court considered those side-effects but considered them justifiable,
> then the seizure was *unlawful* interference, because US courts lack
> jurisdiction to decide that the correspondence of a Chinese person in
> China with other people in China may for some reason lawfully be
> interfered with.)
>



>
> Greetings,
> Norbert
>



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

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