[At-Large] US v John Doe 1 & Others [Defendants]
John R. Levine
johnl at iecc.com
Sun Nov 27 01:34:13 UTC 2011
>> Actually, it says the RIRs on which the order was served. Was this order served
>> directly on RIPE? If so, how? There are treaties about this kind of stuff, it's not
>> as straightforward as you might think.
> The Dutch Police served it on RIPE. Whether that's proper service is a more nuanced
> question, but once RIPE had actual knowledge of it, it couldn't just ignore it. There
> was, after all, an order of the Dutch police ordering RIPE to comply with the US court
> order. Whether a reasonable person (including a reasonable organization for this purpose)
> would just comply with the police order is a different question, but most reasonable
> persons don't just ignore local law enforcement orders.
Well, yes, they had to follow an order of the local police. I don't see
why anyone finds that surprising. As someone else noted, RIPE has not
said they were served with a US court order, so I see no reason to assume
that they were.
>> Yes, I know some of the people involved. Is it your opinion that there is something
>> unusual or improper about governments cooperating in a criminal investigation?
> Of course not, but that isn't the issue, is it? Can the Dutch government, through the
> police, order a non-governmental organization to comply with an order of a US court?
Beats me. That's an issue of local Dutch law and perhaps interpretations
whatever treaties are in effect, not a mystical issue of whether RIPE is
subject to US law.
John Levine, johnl at iecc.com, Primary Perpetrator of "The Internet for Dummies",
Please consider the environment before reading this e-mail. http://jl.ly
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