Domain Conflicts and the Legal System ccNSO Meeting in Prague, - - PowerPoint PPT Presentation

domain conflicts and the legal system
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Domain Conflicts and the Legal System ccNSO Meeting in Prague, - - PowerPoint PPT Presentation

Domain Conflicts and the Legal System ccNSO Meeting in Prague, June 2012 Annebeth B. Lange (annebeth@uninett.no) UNINETT Norid AS The starting point l Pressure from the police on take down and deletion of domain names l Court case: 2


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SLIDE 1

Domain Conflicts and the Legal System

ccNSO Meeting in Prague, June 2012

Annebeth B. Lange (annebeth@uninett.no)

UNINETT Norid AS

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The starting point

l Pressure from the police on take down and

deletion of domain names

l Court case:

http://www.norid.no/domenekonflikter/ rettssaker/dommer/hr-2009-01692-beslag- en.pdf

  • Seizure of domain names legal
  • Domain name is an object in this context

l Cooperation with the police to formalize the

process and save time

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Our goal - what did we want to achieve?

l Explain in few words Internet address system

  • The system
  • The inquiries

l Inform about the legal framework, organization,

roles and responsibilites of

l When conflicts arise – what to do l Describe the deletion process

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The way forward

l Submitted the concept to the police,

prosecution authority, court judges, lawyers, academics and government employees for input and dialogue

l Very valuable feedback on draft l When finished, distributed to all courts in

Norway, to the police, to the lawyers working with IP law, to the lawyers association, to ministries and other public authorities etc

l Now in use on the Police Academy for

educational purposes

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SLIDE 5

The address system

l The domain name system – DNS – phone directory on

net – a hiararchic system/»root system»

l How to find the services and/or content? l What happens when we enter a domain name in a

browser?

l http://www.youtube.com/watch?v=42pxnLZJXzo

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The legal system

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Whois- database The Domain Regulation

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Domain conflicts

l Two types involve domain names

  • The domain name itself à ADR or Court
  • The service/content under the domain name
  • Police or Court

l Appeals Selection Committee of the Supreme

Court of Norway – Decision 26.8.2009:

  • “Norid does not undertake any control of the

content of websites; nor does it have any mandate to react to websites that may appear to violate the law; it is up to the police and the judicial system to do this.”

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Domain conflicts - measures

l When the domain name itself is involved

  • The ADR system
  • And/or the Court

l When content or services are involved

  • Shut down the service is first priority
  • Can only be done locally
  • Most efficient to contact the holder or the ISP
  • Deletion of the domain name through the

registry = last resort

  • We only do that through written statuary

authority or by Court order

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SLIDE 9

Deletion of domain names

l What really happens?

  • All email addresses and web pages registered

within the domain will cease to function

  • All name server computers and all other

services within the domain will become inaccessible

  • All sub-domains will become inaccessible

l Are you safe if the domain name disappear? l What does not happen?

  • The service is not so visible
  • Still there through IP address etc

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Deletion of a domain name – an example

Student

no . com se vg holocaust nix uio

samordnaopptak

www cert matnat folk www

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SLIDE 11

What can the registry do to help

l Produce information l Streamlining processes l Give examples on formulation of injuctions l Participate in debates l Give presentations l And give all asking us for help big smiles (even

if we cannot do what they are asking for)

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What can be done through Norid’s systems

l Voluntary measures requested by the holder only

  • Update of contact information
  • Modification of name servers
  • Domain transfer to new registrar
  • Suspension of a domain
  • Transfer to new holder
  • Deletion

l Compulsory measures

  • Temporary or permanent in both civil and criminal cases
  • Civil cases – ADR or courts
  • Criminal cases – Prosecution Authority or Court order
  • Seizure (suspension)
  • Confiscation (deletion)

l Only then we act – and follow up is important

  • Both by us – and by the police

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More information

l http://www.norid.no/publikasjoner/index.en.htm l Or contact me or Peter van Roste if you want

to use some of the material to make your own guide

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