[At-Large] FW: Withdraw the gun database

Karl Auerbach karl at cavebear.com
Mon Jan 21 23:38:12 UTC 2013

On 01/21/2013 02:38 PM, John R. Levine wrote:
> I have to say, if I were working for an eastern European crime syndicate,
> and I wanted to make it as hard as possible for ISPs and law enforcement
> to track me down, these are exactly the kind of ridiculous hoops I would
> want to force people to jump through in WHOIS access.

Oooh, aaah, the law enforcement boogyman!

Law enforcement has powers and processes (hopefully judicially 
supervised) to penetrate WHOIS without going through any of these 

So your boogyman is just that, a boogyman.

If Mr. Sheriff wants access he can go to a judge, present evidence of 
probable cause, and get a warrant or subpoena.  Or if there are exigent 
circumstances then even that step can be bypassed.  And there are 
international treaties that create processes for international handling 
of these things.

Vigilante "law enforcement" is not law enforcement.


>> I forgot one more step:
>> That the person making the data inquiry agree to a binding
>> contract/terms-of-service that obligates that person to use the data
>> obtained via the inquiry for the sole and exclusive purpose of resolving
>> the specific rights violation being complained of, that the data will
>> not be retained after that resolution, and that the data will not be
>> conveyed to third parties or integrated into any aggregate data. In
>> addition that contract/terms-of-service should explicitly create third
>> party beneficiary rights of enforcement and to receive attorney fees and
>> costs should the person making the inquiry violate the
>> contract/terms-of-service.
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