[140426] in North American Network Operators' Group
RE: 23,000 IP addresses
daemon@ATHENA.MIT.EDU (Keith Medcalf)
Wed May 11 07:52:23 2011
Date: Wed, 11 May 2011 07:52:13 -0400
In-Reply-To: <BANLkTi=JibcFVCST7AqDzMuyviMw5Wq=cQ@mail.gmail.com>
From: "Keith Medcalf" <kmedcalf@dessus.com>
To: "Luis Marta" <luis.marta@gmail.com>
Cc: North American Network Operators Group <nanog@nanog.org>
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
Luis Marta wrote on=A02011-05-10:
> In the EU you have Directive 2006/24/EC: http://eur-
> lex.europa.eu/LexUriServ/LexUriServ.do?uri=3DOJ:L:2006:105:0054:0063:EN:P=
DF
> Article 6 - Periods of retention
> Member States shall ensure that the categories of data specified in Artic=
le
> 5 are retained for periods of not less than six months and not more than =
two
> years from the date of the communication.
> Article 5 - Categories of data to be retained
> 1. Member States shall ensure that the following categories of data are
> retained under this Directive:
> (a) data necessary to trace and identify the source of a communication:
> (...) the name and address of the subscriber or registered user to whom a=
n
> Internet Protocol (IP) address, user ID or telephone number was allocated=
at
> the time of the communication;
The real problem is in the stupid wording. The IP Address is not allocated=
to a "subscriber" or "registered user". It is handed out for use on an au=
thorized circuit. That circuit is being paid for by someone. There is no =
nexus between a "circuit number" and a "subscriber" or "user" (or there sho=
uld not be -- and there only is if YOU CHOOSE TO CREATE SUCH). If network =
operators behaved rationally, the proper response to any request to divulge=
information related to an IP address would be limited to the Account Numbe=
r which was paying for the circuit on which the IP Address was allocated WI=
TH NO IDENTIFICATION OF ANY INDIVIDUAL WHATSOEVER.
The entire problem is being created by Network Operators who are making up =
answers that they cannot prove are true, and causing grief to their custome=
rs.
Eventually some customer will decide to challenge the Network Operator to p=
rove their allegations of misfeasance. The result will be that the Network=
Operators will lose, and lose big time. After all, it is the Network Oper=
ators who are the accusers -- not the media mafia.
> Each member state creates its own law, according to the directive. In
> Portugal, you have to retain the data for one year.
>
> Best Regards,
> Lu=EDs Marta.
--- Keith Medcalf
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/\=A0 www.asciiribbon.org
