On Sat 19/Oct/2024 01:16:49 +0200 denis walker wrote:
Colleagues
I am hoping there are some lawyers or legal experts in this WG. I
would like to know if it is possible for me, as a private individual,
to bring a civil case against an End User for damages because of some
abusive behaviour? To do so I would need to know who the End User is.
A consequence of the policy change 2023-04 means that the End User
details may not be documented in the RIPE Database. As far as I can
determine (from googling) a court order can only be served on the LIR
to identify the End User by an LEA in a criminal case.
I have tried to find out what I can do in a civil case. Most of the
information is such heavy legal stuff, I don't have the training to
interpret it. For example:
https://www.unidroit.org/wp-content/uploads/2022/07/English-Black-letter-6-July.pdf
Model European Rules of Civil Procedure
Rule 53 (5)
A claimant may apply, in their statement of claim, for access to
evidence under the custody or control of a defendant or nonparty and
which are to be offered in support of the claimant’s allegations.
But this would mean taking the LIR to court in a separate civil legal
action in order to identify the End User. Then I could start civil
legal proceedings in court against the End User for damages. The LIR
and the End User may be in separate countries, both different to the
country I reside in.
So one of the consequences of 2023-04 was to close the door on any
civil legal action against an End User who engages in abusive
behaviour with an individual or small business that falls short of
criminal activity. Would that be a reasonable conclusion?
IANAL, but I think legislation should consider the difference between push
protocols and pull ones. In the former case (email) there is no reason to
allow anonymity. LIRs should either close port 25 or publish full name and
contact of the operator.
Best
Ale
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