EasyDNS threatened with criminal complaint if client data not disclosed
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Re: EasyDNS threatened with criminal complaint if client data not disclosed
#2This 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.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#3Hopefully Herr Fechner loses his license to practice law in Germany. From what I see here, he is an unethical and incompetent attorney and a disgrace to the profession.
RE: Herr Fechner of Fechner Law in Germany
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#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 can be criminally prosecuted rather than work with the guy or gal who wants to help you fix your broken system.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#5This 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.
Isn't this more like requiring a city to provide the name and contact info for the owner of that piece of land?
I think in most places that is public info.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#6The 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)
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#7Attorney 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 they could potentially end up quite embarrassed.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#8This 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.
Isn't this more like requiring a city to provide the name and contact info for the owner of that piece of land? I think in most places that is public info.
I suppose so, but then holding them liable for crimes in the land is a bit silly.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#9Earlier quoted context omitted.
Isn't this more like requiring a city to provide the name and contact info for the owner of that piece of land? I think in most places that is public info.
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.
Re: EasyDNS threatened with criminal complaint if client data not disclosed
#10Attorney 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.