[At-Large] US v John Doe 1 & Others [Defendants]

[Salanieta T. Tamanikaiwaimaro]

On Mon, Nov 28, 2011 at 5:15 PM, McTim <dogwallah at gmail.com> wrote:

> Sala,
>
> On 11/27/11, Salanieta T. Tamanikaiwaimaro
> <salanieta.tamanikaiwaimaro at gmail.com> wrote:
> > On Sun, Nov 27, 2011 at 12:23 PM, Jaap Akkerhuis <jaap at nlnetlabs.nl>
> wrote:
> >
> >>
> >>    The jurisdictional issue is fascinating, but it's also worth
> >>    asking why RIPE had to be ordered to work with ISC and the
> >>    multinational law enforcement effort aimed at shutting this
> >>    down.
> >>
> >> There hasn't been such an order.
> >>
> > This is the Dutch Police Order, see:
> >
> http://www.ripe.net/lir-services/member-support/police-order-8-november-2011
>
>
> While my Dutch is a bit rusty, I don't see ISC mentioned in the order at
> all.
>

At least you can read Dutch, I can't. This is why I think that the
coordination mechanisms is interesting. Does the fact that the FBI has an
MoU or Agreement with ISC or is authorised by the FBI give the requisite
powers to the ISC?

>
> The RIPE NCC signs contracts with LIRs and end-users (people who get
> Provider Independent space).  "Cooperating with ISC" without a legal
> order would have been a breach of that contract.
>

Yes, I agree. It will be interesting to watch the developments. Especially
in light of how the European Court of Justice views the relevant laws.

>
> In other words, ISC asking RIPE NCC to do something to someone else's
> IP space would be the same as if you or I had asked them to do the
> same.
>
> The only difference here is that it is not ISC asking, they are only
acting out the Judge's orders. This brings back the question, whether they
have the authority?


> ISC and the RIPE NCC have a long history of coordination,
> collaboration and communication.  Staff from one org migrate to the
> other, they both run rootservers and anycast projects, ISC staff
> attend RIPE meetings, both have staff who work together on DNSSEC,
> routing and other IETF WGs, etc, etc.
>
> I hope it's clear now.
>
> Yes it is much clearer now, thanks McTim. :) I am grateful for your
explanation. Hope all is well wherever you are?

>
> --
> Cheers,
>
> McTim
> "A name indicates what we seek. An address indicates where it is. A
> route indicates how we get there."  Jon Postel
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-- 
Salanieta Tamanikaiwaimaro aka Sala

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