[discuss] discuss Digest, Vol 3, Issue 67

Christian de Larrinaga cdel at firsthand.net
Fri Feb 21 10:35:26 UTC 2014


Is there a general principle in the US that a court should make an order
as specific to the LE target as possible? Is that what keeps this in the
box you describe?

LE action is not an issue that is specific to the US. Any root server
located around the world  could potentially be subjected to some kind of
local LE action.  Any Root Server falling out of sync is going to impact
the entire Root Server Network if the aim is to keep domain names unique
and resolvable over the whole Internet. 

Have the Root Server operators discussed such a scenario and come to
some practice guidance on managing this type of event?

Thanks for the intervention. I think it is useful to show that the US is
not the problem here but is an essential component of any lasting


Don Blumenthal wrote:
> Assuming that ICE refers to US Immigration and Customs Enforcement,
> domain-related court orders that it has obtained from judges generally
> contain redirects at the name server level. Neither they nor any other LE
> that I¹m aware of ³uses the root² in enforcement actions. Even the well
> renowned US SOPA legislation that went nowhere wouldn¹t have provided that
> authority. I¹m happy to provide more details based on my experience in US
> Internet LE and the private side.
> If I¹m wrong about what ICE means, ignore this message.
> Don 
> On 2/18/14, 7:12 PM, "Jefsey" <jefsey at jefsey.com> wrote:
>> At 00:36 19/02/2014, Phil Corwin wrote:
>>> I have no firm personal view as to whether DOC/NTIA could lawfully
>>> proceed as you suggest it might in 2015 in the absence of
>>> authorizing legislation. However, as a political matter, that
>>> Executive department and subsidiary agency might well wish to have
>>> the cover of some type of Congressional backing before taking such a
>>> step given the potential consequences.
>> Hi! Phil,
>> Might be interesting to dig into the way ICE uses the root to "close"
>> some domain names. And what is the legislation or jurisprudence if
>> any to use ORSN to access them.
>> jfc 
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