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

Sat Nov 26 18:51:21 UTC 2011

On Sun, Nov 27, 2011 at 7:43 AM, John R. Levine <johnl at iecc.com> wrote:

> > http://images.spaceref.com/news/2011/ProtectiveOrder.pdf
> > What is of interest in the Order is that it mentions all the RIRs that
> are
> > served Notice have to comply with the instructions within the Judgment.
>
> The RIR in question is RIPE which is located in Amsterdam, and the Dutch
> police ordered them to comply.  Now there's some interesting European
> legal wrangling about whether the police had the authority to issue the
> order.
>
> This is definitely not a situation where the US is attempting to directly
> order RIPE to do anything.
>

In this instance (my views as an individual and not representing anyone's
views in this instance), the US has every right to. This is the *locus*:
 IANA delegates to RIRs and because IANA is based in the US, it is subject
to US laws for all its intents and purposes. It follows that the Judge is
fully right in law to order all the RIRs to comply over something  that was
issued from the US in the first place.

>
> Also note that nobody is disputing the merits of the order -- this is
> about the DNSchanger malware which reroutes victims' DNS queries to
> servers run by the bad guys, and the order arranges for the IP addresses
> used for those servers to be rerouted to honest DNS caches run by ISC.
>

There is no dispute of the merit of the Order at least not from me.

However, the issue and the question is should regulation be done at the ISP
level or the RIR level?

>
> Regards,
> 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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-- 
Salanieta Tamanikaiwaimaro aka Sala

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