[CPWG] Sony Wins Pirate Site Blocking Order Against DNS-Resolver Quad9

[Bill Woodcock]

> On Jun 25, 2021, at 1:34 AM, Olivier MJ Crépin-Leblond <ocl at gih.com> wrote:
> 
> Thanks for the follow-up & explanations, Bill, and for the very valid points you make in the response.
> Why would quad9 move out from behind the shield of the Northern California district courts? Was this a test case?

Switzerland has criminal privacy laws.  So by moving from the US, which has, essentially, no privacy laws, to Switzerland, we give our users recourse globally, regardless of their domicile or citizenship, because if we were to collect their data, we would be criminally liable to the Swiss data privacy office… it doesn’t matter whose privacy was violated.  So this was about privacy, not about copyright trolls.  I would have said “not our monkeys, not our circus” until it pitched its tent on our doorstep last Friday.

For ourselves, we can just have the Swiss courts throw it out, as not being enforceable on a Swiss entity:

https://www.reuters.com/article/swisscom-court-idUSFWN20M0KT

…but that would leave the precedent standing in Hamburg, which can be applied to anyone in the EU.  Any anti-virus software, any operating system vendor, any IT administrator.  This is an incredibly broad lever.  Yes, I know German law doesn’t exactly recognize the same principle of precedent that US law does, but it’s similar, and Sony has argued this on the basis of precedent, so...

                                -Bill

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