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EasyDNS threatened with criminal complaint if client data not disclosed

easydns.com

11–20 of 190 posts

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#11
post #9

Earlier quoted context omitted.

I suppose so, but then holding them liable for crimes in the land is a bit silly.

I don't think that's why they mentioned "criminal complaint." I suspect (correct me if I'm mistaken) that it's a necessary step to obtaining a subpoena or other process needed to unveil the domain registrant.

I don't see the distinction.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#12
post #9

Earlier quoted context omitted.

I suppose so, but then holding them liable for crimes in the land is a bit silly.

I don't think that's why they mentioned "criminal complaint." I suspect (correct me if I'm mistaken) that it's a necessary step to obtaining a subpoena or other process needed to unveil the domain registrant.

Yeah it reads to me (IANAL) as some "legal blackmail", hey give us this info or we sue you for the registrants crimes.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#13
post #7

Attorney here! (Not legal advice, consult a licensed attorney in your jurisdiction.) Don't get me wrong, but easyDNS may be jumping hastily to conclusions. In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. I don't know German law, but I hope that easyDNS consulted their own attorneys on the subject before publishing this post, or t…

So any DNS registrar that registers sites accessible in Saudi Arabia is subject to its blasphemy laws? Without any presence in foreign countries, the most the foreign country can do is block the offending website or infrastructure provider. I guess they could also request extradition, but most countries only extradite citizens if what they did was also illegal in the home country.

"Make accessible"? That, alone, is probably insufficient. But if you advertise there or otherwise target its nationals, then it is much more likely.

Enforcement is, of course, a separate matter. The country may not be able to reach you without some sort of agreement with your home country; but if you ever visit a country with which it does have an agreement, you could find yourself taken away to answer to the law.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#14

The letter mentions the client's name as Mr. Niemela, upon some Googling you can see that he sued Google and some other companies to remove his online presence and some news about him. So it looks like it's just usual practice for him & his law firm. (This info wasn't redacted so I assume it's safe to mention it here)

> (This info wasn't redacted so I assume it's safe to mention it here)

By redacted, I assume you're referring to the EU right to be forgotten? Surely that's not so broad as to forbid the mention of information suppressed by it? The BBC even publishes lists of articles removed from Google via that right: https://www.bbc.com/news/technology-29658085

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#15
This is why domains are one of the biggest issues when it comes to privacy. Personally I think users should be open to a small client that resolves domains locally using IPFS or whatever else is more difficult to censor, or find a DNS provider that adds TLDs without ICANN.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#16
post #4

> I appreciate your alleged concern for your users’ privacy. Person who wrote this is a dick. They're assuming motives and they also didn't do any due diligence to realize the registrar isn't under the GDPR or located in the EU. This irks me. It feels like if someone discloses a security problem in a city's bus/train ticketing system and the first response is to go to the sheriff's department and see if that person c…

Most small firms who take these kinds of cases have a poor command of language and are generally very unsympathetic.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#17
post #14

The letter mentions the client's name as Mr. Niemela, upon some Googling you can see that he sued Google and some other companies to remove his online presence and some news about him. So it looks like it's just usual practice for him & his law firm. (This info wasn't redacted so I assume it's safe to mention it here)

> (This info wasn't redacted so I assume it's safe to mention it here) By redacted, I assume you're referring to the EU right to be forgotten? Surely that's not so broad as to forbid the mention of information suppressed by it? The BBC even publishes lists of articles removed from Google via that right: https://www.bbc.com/news/technology-29658085

I meant the letter published on the article link shows the client's name, without any redaction even thou some other info is redacted. That's why I assumed it's safe to mention client's name here.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#18

This is a pretty serious issue if they were to get away with it, although I'm not sure about how legal precedents work in Germany, but regardless holding a domain registrar liable for what the domain itself distributes seems absurd. It's like suing a city for giving land legally to someone who started a drug smuggling operation under that land as if the city knew the intent.

A better analogy of something that regularly happens would be demands for a mobile phone provider to hand over all info they have for a number used in drug trade.

Not sure how that works in Germany.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#19

The letter mentions the client's name as Mr. Niemela, upon some Googling you can see that he sued Google and some other companies to remove his online presence and some news about him. So it looks like it's just usual practice for him & his law firm. (This info wasn't redacted so I assume it's safe to mention it here)

Streisand effect in full force with this one.

Re: EasyDNS threatened with criminal complaint if client data not disclosed

#20
post #7

Attorney here! (Not legal advice, consult a licensed attorney in your jurisdiction.) Don't get me wrong, but easyDNS may be jumping hastily to conclusions. In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. I don't know German law, but I hope that easyDNS consulted their own attorneys on the subject before publishing this post, or t…

Is there any indication that they solicited business in Germany? And how, in practice, could they enforce that if this canadian entity has not broken any canadian law and canada as such has no impetus to enforce german law?
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