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Cross-Border Law Enforcement and the RIPE NCC: Analyzing Legal Orders and Responses

This document details an investigation by the FBI into a DNSChanger case, highlighting their request for the Dutch police to order the RIPE NCC to freeze the registration of IPv4 addresses linked to suspects. It examines the execution of the police order, the legal basis under the Police Act, and the subsequent legal analysis conducted by RIPE NCC. The text discusses procedural timelines, obligations, and the cooperative relationship between law enforcement agencies and the RIPE NCC, emphasizing the need for clear legal frameworks and accurate public registry data.

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Cross-Border Law Enforcement and the RIPE NCC: Analyzing Legal Orders and Responses

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Presentation Transcript

  1. Cross border Law Enforcement –The order • Jochem de Ruig – RIPE NCC

  2. Before the order – investigation by FBI • The FBI was investigating a DNSChanger case • Their suspects had resources registered with ARIN and RIPE NCC • FBI wanted to prevent the transfer of these resources • FBI requested the Dutch police through the MLAT process to order the RIPE NCC to freeze the registration for 4 blocks of IPv4

  3. The order – execution of the order • The RIPE NCC received the Police order and based upon Article 2 of the Police Act • RIPE NCC executed the order as requested due to the timely execution of the FBI action and informed the members involved about it • After the execution the RIPE NCC investigated the legality and the obligatory nature of the order

  4. After the execution – legal analysis • Order based on Article 2 of the Police Act 1993 (general legal basis for the police to act and give orders) • This article can order people to tolerate a situation - not to actively do something • This article alone is not sufficient for the police to issue orders - needs additional legal basis for the order • Disobeying orders based on this article does not create remedies

  5. Communication with the prosecutor • The RIPE NCC • Requested further legal basis about the order • Would not voluntary obey to non obligatory orders • The prosecutor • Did not provide any further legal basis • Notified that: • if the order is reversed, RIPE NCC will be liable for any consequence • seizure of the “RIPE NCC administration” would also be an appropriate measure

  6. Where are we now? • The prosecutor confirmed he would not proceed with seizure at this point in time • RIPE NCC “unfroze” the IP address blocks • Informed the relevant members about the “unfreezing” • RIPE NCC is pursuing legal action to get clarity on the situation

  7. Procedure timelines • First hearing. • State did not appear 14 March • State appeared. • It was granted 6 weeks to submit • a statement of defense 11 April Today • State either • submits a statement of defense or • requests for a time extension Within 6 weeks • The Court orders either • a hearing or • a second round of written statements Next steps (around June) • Court Decision Somewhere in 2013

  8. So where does this leave us…. “Take a step back and re-evaluate the existing procedure and the practicality of it.”

  9. Basic principles for RIPE NCC for orders • All activities are for the benefit of the RIPE NCC membership • Crucial benefit for the membership  accurate data in the Public Registry • Accurate data is to record about the organisation/person responsible for the IP • Changing or amending data in the Registry is not beneficial towards the membership

  10. Re-established procedure for orders • In principle only NL Court orders will be executed • Orders will be evaluated on case-by-case basis • Orders must have legal basis and follow correct procedure • Action requested must be appropriate and proportional • Orders must not jeopardise accuracy of public registry information • RIPE NCC will challenge orders in case any of the above requirements are violated • Enhance cooperation and communication between LEAs and RIRs

  11. Questions?

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