[gnso-rds-pdp-wg] international law enforcement association resolution regarding domain registration data

[tisrael at cippic.ca]

On 2017-04-27 8:46 PM, allison nixon wrote:
>
> I'm specifically calling out situations where judges do not understand
> technology, and specifically in cybercrime cases with technically
> skilled suspects. I am not canadian and I have had very few
> interactions with their legal system and those few interactions leave
> me with hope that they improve in their understanding of how things
> work on the Internet. These catch-22 situations have all seemingly
> stemmed from a lack of understanding of technology. I cannot speak
> about specific details so I cannot continue this line of conversation
> much further. I would like to be wrong about my beliefs on this.
Well, we do our best on the judicial education front and in my
experience Canadian courts are better on average in grappling with tech
issues than many other jurisdictions, but yes, that's an endemic
problem. I think I'd just say that in my experience, the complexity of
technology tends to favour the law enforcement agency or other entity
seeking, without opposing counsel, to convince a judge to issue a search
warrant or discovery than to favour the party whose data is being sought.

Best,
Tamir
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20170427/09e67a98/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 819 bytes
Desc: OpenPGP digital signature
URL: <http://mm.icann.org/pipermail/gnso-rds-pdp-wg/attachments/20170427/09e67a98/signature.asc>