[AusNOG] Borrowed addresses, data retention, court orders etc.

[Paul Wilkins]

Ross,
My 2c. You don't deliver a service via electromagnetic radiation.
Therefore, no DR obligations. Obviously your friend does and does have a DR
obligation.

If you demur as to who is operating the IPs, the court would be able to
serve a writ on the upstream provider. If the upstream provider in turn
says, well I don't operate the IPs, I'm just minding them for a friend,
well that might be fun.

(I am not a lawyer. This is not expert advice.)

Kind regards

Paul Wilkins

On 25 January 2017 at 14:27, Ross Wheeler <ausnog at rossw.net> wrote:

>
> Presently a hypothetical question, but I'm sure it'll come up.
>
> A friend of mine of a couple of decades runs an ISP in another state
> thousands of km from me. His business and mine are unrelated, have no
> common directors, funding, stakeholders etc. Ie, completely "unrelated
> parties" save that he and I are friends.
>
> Some time ago, during a relocation, he needed some addresses, I just
> happened to have a /24 that I had recently moved services from and it was
> mostly "vacant" and was fairly easy for me to peel it out and lend it to
> him.
>
> It's still in my name, assigned and "owned" by me, not him, although it is
> being advertised via his provider and delivered over his link(s) to service
> his servers and customers.
>
> In time to come, if one of "his" users does something that "the
> authorities" have reason to want to delve into in more detail, and they
> know that a.b.c.d (being an address in my range "on loan to" him) is the
> address they're interested in... how does "an approved" party (be that a
> minister, a policeman, a court or whoever) go about determining who they
> ask/demand information from?
>
> If they simply look up the apnic database and issue a "demand" to me, for
> example, I will have absolutely no way to give them the data. While I could
> refer them to my friend, have I got my neck in the noose here too?
>
> R.
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