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EasyDNS threatened with criminal complaint if client data not disclosed

easydns.com

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

#71
post #55

Earlier quoted context omitted.

What this means is if you host a website for someone to sue you in a court of law the process instantly requires an international lawyer. They are not cheap. Pick your countries right and arguably you would be hard to sue. IANL but you should consult one when implementing this strategy.

Nope, that's not how it works. They can simply sue you in the jurisdiction in which you live, getting a court order for you to reveal the information. Details of where it is hosted doesn't matter. Unless you don't mind serving indefinite jail time for contempt of court.

[deleted]

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

#72
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…

easyDNS here. 1) We do not advertise in Germany. 2) Our client is not German.

You offer .de domains. Customers buying .de domains have to be, necessarily, German, so you’re necessarily advertising to German customers.

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

#73
post #35
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…

> In many countries, soliciting business there makes you subject to its jurisdiction and laws, regardless of where your business is based. That line of reasoning always sounded tautological to me. "Law X from country A says that by doing Y you are under jurisdiction of country A", but for "law X from country A" to apply to you, don't you have to already be under jurisdiction of country A in the first place?

> for "law X from country A" to apply to you, don't you have to already be under jurisdiction of country A in the first place?

No.

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

#74

EasyDNS's Plain English Terms of Service make them seem like a really unprofessional company: >We are NOT a DDoS Mitigation Service. [...] If you come on this system knowingly bringing a DDoS on your heels we shut down service (we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You’ve been warned). or >Guilt-by-Association: not only do we terminate any domains or websites which vio…

People complain about the incomprehensible legalese in terms of service all the time. Here you are complaining about a lack of legalese. Shows you why people just stick with the unreadable nonsense.

No, they're complaining about the abrasiveness of the terms of service.

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

#75

EasyDNS's Plain English Terms of Service make them seem like a really unprofessional company: >We are NOT a DDoS Mitigation Service. [...] If you come on this system knowingly bringing a DDoS on your heels we shut down service (we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You’ve been warned). or >Guilt-by-Association: not only do we terminate any domains or websites which vio…

People complain about the incomprehensible legalese in terms of service all the time. Here you are complaining about a lack of legalese. Shows you why people just stick with the unreadable nonsense.

> Here you are complaining about a lack of legalese.

Sounds like the parent was complaining about a lack of professionalism, not about a lack of legalese. Punishing clients with unusual things like changing the zone and adding a 365day TTL is just plain unprofessional. Wrapping it in lawyer talk wouldn't change that.

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

#76

Earlier quoted context omitted.

Germany has some surprisingly regressive (IMO) laws about the internet, copyright, etc. See: https://teleread.org/2018/03/03/project-gutenberg-blocks-ger...

Is this a limited case? In general I've heard that Berlin is pretty happening place for privacy activists these days. Kinda makes me scratch my head to read this.

Germany is very privacy positive. Majority of the weird internet laws generally come around because of the countries privacy laws. That is why it's got a big privacy activist scene. And that case seems basic Copyright, where in Germany the work is still copyrighted so the copyright owner went to court to enforce it. This seems pretty standard and expected.

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

#77
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…

I'm sure I have something on a public httpd somewhere my company owns that is insulting to the Thai king. Better look out, I'm going to Thai prison for lese majeste!

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

#78
post #60

Earlier quoted context omitted.

An attorney is a lawyer, though a lawyer isn't necessarily an attorney. Why are we picking nits over this?

It's not my intention to pick nits. I was just pointing out that easyDNS had consulted lawyers and making a random terminological observation in a parenthesis. Perhaps random terminological observations annoy people? I'll delete that part.

I didn't see the observation you made, but I see that easyDNS is in Canada. For clarity, it is not the norm to refer to a lawyer as an attorney in Canada (except in a few specific circumstances).

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

#79
post #70
post #66

Earlier quoted context omitted.

Do you have other clients who are in Germany? It appears that you do act as a registrar for .DE domains. At least, entering "ascascdasdcascascascasdcasdc.de" on the search on the front page at https://easydns.com/ offers to register it for me. It's purely a guess on my part, but I'd expect that most people who purchase .DE domains are in Germany, so if you've actually sold a few .DE domains you probably have some Ger…

In fact, to be able to offer .de domains as registrar, you have to join DENIC, and .de domains can only be owned by a legal German person, and always have to have an actual German person as representative. To me this looks like German law definitely applies to them.

> In fact, to be able to offer .de domains as registrar, you have to join DENIC, and .de domains can only be owned by a legal German person, and always have to have an actual German person as representative.

Most companies offering .de domains do so as resellers, they don't need to be members of DENIC. Also, .de domains can be owned by people and entities outside of Germany, but require either the domain owner or the adminc to be in Germany. Most international registrars offer a service to provide a local adminc.

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

#80

EasyDNS's Plain English Terms of Service make them seem like a really unprofessional company: >We are NOT a DDoS Mitigation Service. [...] If you come on this system knowingly bringing a DDoS on your heels we shut down service (we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You’ve been warned). or >Guilt-by-Association: not only do we terminate any domains or websites which vio…

Having been in that business: Web hosting companies receive a TON of abuse.

Some of them specialize in dealing with large DDoS attacks, unpopular/illegal/shady content, but most don't and want to spend their time on their product instead.

Scammers typically open tons of similar accounts, register expensive phishing domains and host phishing pages on your network, and guilt-by-association is how you clean it up.

Most of the things in their ToS are very common with any professional hosting company who is fed up with scammers, they just don't tell you about it like that.

Their ToS, while I would never use them for my own company, made me laugh because I felt the pain.

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