Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Suresh Ramasubramanian
http://www.eweekeurope.co.uk/news/russian-police-and-internet-registry-accused-of-aiding-cybercrime-2165

Some quotes from the article -

Internet registry RIPE NCC turned a blind eye to cybercrime, and Russian police
corruption helped the perpetrators get away with it, according to the UK
Serious Organised Crime Agency

[...]

RIPE was being paid by RBN for that service, for its IP allocation, he said.
Essentially what you have - and I make no apologies for saying this is - if
you were going to interpret this very harshly RIPE as the IP allocation body
was receiving criminal funds and therefore RIPE was involved in money
laundering offences, said Auld.

[...]

All we could get there was a disruption, we weren't able to get a prosecution
in Russia, admitted Auld. Our biggest concern is where did RBN go? Our
information suggests that RBN is back in business but now pursuing a slightly
different business model which is bad news.

[...]

Where you have got LIRs (Local Internet Registries) set up to run a criminal
business- that is criminal actvity being taken by the regional internet
registries themselves. So what we are trying to do is work with them to make
internet governance a somewhat less permissive environment for criminals and
make it more about protecting consumers and individuals, added Auld.
RBN looked legitimate, says RIPE NCC

In response to the comments that it could be accused of being involved in
criminal activity, Paul Rendek, head of external relations and communications
at RIPE NCC said that the organisation has very strict guidelines for dealing
with LIRs.

The RBN was accepted as an LIR based on our checklists, he said. Our
checklists include the provision of proof that a prospective LIR has the
necessary legal documentation, which proves that a business is bona fide.

etc



Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Jeffrey Lyon
Since we're on the subject, here is where RBN went:


inetnum: 91.202.60.0 - 91.202.63.255
netname: AKRINO-NET
descr:   Akrino Inc
country: VG
org: ORG-AI38-RIPE
admin-c: IVM27-RIPE
tech-c:  IVM27-RIPE
status:  ASSIGNED PI
mnt-by:  RIPE-NCC-HM-PI-MNT
mnt-by:  MNT-AKRINO
mnt-lower:   RIPE-NCC-HM-PI-MNT
mnt-routes:  MNT-AKRINO
mnt-domains: MNT-AKRINO
source:  RIPE # Filtered
organisation:ORG-AI38-RIPE
org-name:Akrino Inc
org-type:OTHER
address: Akrino Inc.
address: P.O.Box 146 Trident Chambers
address: Road Town, Tortola
address: BVI
e-mail:  noc.akr...@gmail.com
mnt-ref: MNT-AKRINO
mnt-by:  MNT-AKRINO
source:  RIPE # Filtered
person:  Igoren V Murzak
address: Akrino Inc
address: P.O.Box 146 Trident Chambers
address: Road Town, Tortola
address: BVI
phone:   +1 914 5952753
e-mail:  noc.akr...@gmail.com
nic-hdl: IVM27-RIPE
mnt-by:  MNT-AKRINO
source:  RIPE # Filtered
% Information related to '91.202.60.0/22AS44571'
route:   91.202.60.0/22
descr:   AKRINO BLOCK
origin:  AS44571
mnt-by:  MNT-AKRINO
source:  RIPE # Filtered


On Sat, Oct 24, 2009 at 3:00 AM, Suresh Ramasubramanian
ops.li...@gmail.com wrote:
 http://www.eweekeurope.co.uk/news/russian-police-and-internet-registry-accused-of-aiding-cybercrime-2165

 Some quotes from the article -

 Internet registry RIPE NCC turned a blind eye to cybercrime, and Russian 
 police
 corruption helped the perpetrators get away with it, according to the UK
 Serious Organised Crime Agency

 [...]

 RIPE was being paid by RBN for that service, for its IP allocation, he said.
 Essentially what you have - and I make no apologies for saying this is - if
 you were going to interpret this very harshly RIPE as the IP allocation body
 was receiving criminal funds and therefore RIPE was involved in money
 laundering offences, said Auld.

 [...]

 All we could get there was a disruption, we weren't able to get a prosecution
 in Russia, admitted Auld. Our biggest concern is where did RBN go? Our
 information suggests that RBN is back in business but now pursuing a slightly
 different business model which is bad news.

 [...]

 Where you have got LIRs (Local Internet Registries) set up to run a criminal
 business- that is criminal actvity being taken by the regional internet
 registries themselves. So what we are trying to do is work with them to make
 internet governance a somewhat less permissive environment for criminals and
 make it more about protecting consumers and individuals, added Auld.
 RBN looked legitimate, says RIPE NCC

 In response to the comments that it could be accused of being involved in
 criminal activity, Paul Rendek, head of external relations and communications
 at RIPE NCC said that the organisation has very strict guidelines for dealing
 with LIRs.

 The RBN was accepted as an LIR based on our checklists, he said. Our
 checklists include the provision of proof that a prospective LIR has the
 necessary legal documentation, which proves that a business is bona fide.

 etc





-- 
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications of The IRC Company, Inc.

Platinum sponsor of HostingCon 2010. Come to Austin, TX on July 19 -
21 to find out how to protect your booty.



Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Benjamin Billon
Accusing RIPE of complicity is in my opinion abusive. So when a RBN 
member buys a burger at MacDonald's, should we consider MacDo accepts 
money from RBN while helping them to run their business as they feed 
the criminal member?




Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Jeffrey Lyon
Indeed. If they bought fries and a drink that's two counts.

Jeff

On Sat, Oct 24, 2009 at 3:20 AM, Benjamin Billon bbillon...@splio.fr wrote:
 Accusing RIPE of complicity is in my opinion abusive. So when a RBN member
 buys a burger at MacDonald's, should we consider MacDo accepts money from
 RBN while helping them to run their business as they feed the criminal
 member?





-- 
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications of The IRC Company, Inc.

Platinum sponsor of HostingCon 2010. Come to Austin, TX on July 19 -
21 to find out how to protect your booty.



Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Benjamin Billon

That's what I thought.

I still see the author's point =)



Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Paul Bosworth
I think the larger point is that ripe turned a blind eye to an
internationally recognized criminal network.

On Oct 24, 2009 2:01 AM, Suresh Ramasubramanian ops.li...@gmail.com
wrote:

http://www.eweekeurope.co.uk/news/russian-police-and-internet-registry-accused-of-aiding-cybercrime-2165

Some quotes from the article -

Internet registry RIPE NCC turned a blind eye to cybercrime, and Russian
police
corruption helped the perpetrators get away with it, according to the UK
Serious Organised Crime Agency

[...]

RIPE was being paid by RBN for that service, for its IP allocation, he
said.
Essentially what you have - and I make no apologies for saying this is - if
you were going to interpret this very harshly RIPE as the IP allocation body
was receiving criminal funds and therefore RIPE was involved in money
laundering offences, said Auld.

[...]

All we could get there was a disruption, we weren't able to get a
prosecution
in Russia, admitted Auld. Our biggest concern is where did RBN go? Our
information suggests that RBN is back in business but now pursuing a
slightly
different business model which is bad news.

[...]

Where you have got LIRs (Local Internet Registries) set up to run a
criminal
business- that is criminal actvity being taken by the regional internet
registries themselves. So what we are trying to do is work with them to
make
internet governance a somewhat less permissive environment for criminals and
make it more about protecting consumers and individuals, added Auld.
RBN looked legitimate, says RIPE NCC

In response to the comments that it could be accused of being involved in
criminal activity, Paul Rendek, head of external relations and
communications
at RIPE NCC said that the organisation has very strict guidelines for
dealing
with LIRs.

The RBN was accepted as an LIR based on our checklists, he said. Our
checklists include the provision of proof that a prospective LIR has the
necessary legal documentation, which proves that a business is bona fide.

etc


RE: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Martin, Paul
So considering they're widely regarded as a criminal network hosting the
more dodgy/dangerous stuff on the net, surely we could 'protect' our
customers by blocking the 91.202.60.0/22 range?

Consider that can of worms opened :o)

Paul

-Original Message-
From: Jeffrey Lyon [mailto:jeffrey.l...@blacklotus.net] 
Sent: 24 October 2009 08:18
To: Suresh Ramasubramanian
Cc: nanog@nanog.org
Subject: Re: Interesting Point of view - Russian police and RIPE accused
of aiding RBN

Since we're on the subject, here is where RBN went:


inetnum: 91.202.60.0 - 91.202.63.255
netname: AKRINO-NET
descr:   Akrino Inc
country: VG
org: ORG-AI38-RIPE
admin-c: IVM27-RIPE
tech-c:  IVM27-RIPE
status:  ASSIGNED PI
mnt-by:  RIPE-NCC-HM-PI-MNT
mnt-by:  MNT-AKRINO
mnt-lower:   RIPE-NCC-HM-PI-MNT
mnt-routes:  MNT-AKRINO
mnt-domains: MNT-AKRINO
source:  RIPE # Filtered
organisation:ORG-AI38-RIPE
org-name:Akrino Inc
org-type:OTHER
address: Akrino Inc.
address: P.O.Box 146 Trident Chambers
address: Road Town, Tortola
address: BVI
e-mail:  noc.akr...@gmail.com
mnt-ref: MNT-AKRINO
mnt-by:  MNT-AKRINO
source:  RIPE # Filtered
person:  Igoren V Murzak
address: Akrino Inc
address: P.O.Box 146 Trident Chambers
address: Road Town, Tortola
address: BVI
phone:   +1 914 5952753
e-mail:  noc.akr...@gmail.com
nic-hdl: IVM27-RIPE
mnt-by:  MNT-AKRINO
source:  RIPE # Filtered
% Information related to '91.202.60.0/22AS44571'
route:   91.202.60.0/22
descr:   AKRINO BLOCK
origin:  AS44571
mnt-by:  MNT-AKRINO
source:  RIPE # Filtered


On Sat, Oct 24, 2009 at 3:00 AM, Suresh Ramasubramanian
ops.li...@gmail.com wrote:

http://www.eweekeurope.co.uk/news/russian-police-and-internet-registry-a
ccused-of-aiding-cybercrime-2165

 Some quotes from the article -

 Internet registry RIPE NCC turned a blind eye to cybercrime, and
Russian police
 corruption helped the perpetrators get away with it, according to the
UK
 Serious Organised Crime Agency

 [...]

 RIPE was being paid by RBN for that service, for its IP allocation,
he said.
 Essentially what you have - and I make no apologies for saying this
is - if
 you were going to interpret this very harshly RIPE as the IP
allocation body
 was receiving criminal funds and therefore RIPE was involved in money
 laundering offences, said Auld.

 [...]

 All we could get there was a disruption, we weren't able to get a
prosecution
 in Russia, admitted Auld. Our biggest concern is where did RBN go?
Our
 information suggests that RBN is back in business but now pursuing a
slightly
 different business model which is bad news.

 [...]

 Where you have got LIRs (Local Internet Registries) set up to run a
criminal
 business- that is criminal actvity being taken by the regional
internet
 registries themselves. So what we are trying to do is work with them
to make
 internet governance a somewhat less permissive environment for
criminals and
 make it more about protecting consumers and individuals, added Auld.
 RBN looked legitimate, says RIPE NCC

 In response to the comments that it could be accused of being involved
in
 criminal activity, Paul Rendek, head of external relations and
communications
 at RIPE NCC said that the organisation has very strict guidelines for
dealing
 with LIRs.

 The RBN was accepted as an LIR based on our checklists, he said.
Our
 checklists include the provision of proof that a prospective LIR has
the
 necessary legal documentation, which proves that a business is bona
fide.

 etc





-- 
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications of The IRC Company, Inc.

Platinum sponsor of HostingCon 2010. Come to Austin, TX on July 19 -
21 to find out how to protect your booty.



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Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Marco Hogewoning


On Oct 24, 2009, at 9:00 AM, Suresh Ramasubramanian wrote:


http://www.eweekeurope.co.uk/news/russian-police-and-internet-registry-accused-of-aiding-cybercrime-2165



With more on that:

http://www.ripe.net/news/rbn.html

Press coverage this week portrayed the RIPE NCC as being involved  
with the criminal network provider Russian Business Network (RBN). Any  
connection with criminal activity, or with RBN itself, is completely  
unfounded.


The press coverage arose from a speech given by the Serious Organised  
Crime Agency (SOCA) in the UK. SOCA has since contacted the RIPE NCC  
with an apology. The RIPE NCC will continue to work with SOCA and  
other bodies to ensure criminal investigations can be carried out in  
an efficient manner within established laws and guidelines.




MarcoH




Re: ISP port blocking practice

2009-10-24 Thread a . harrowell


-original message-
Subject: Re: ISP port blocking practice
From: Owen DeLong o...@delong.com
Date: 24/10/2009 4:00 am

Yes.

Owen

On Oct 23, 2009, at 2:19 PM, Lee Riemer wrote:

 Isn't blocking any port against the idea of Net Neutrality?


Only if you take a legalistic view of it. Too much of the NN debate is about 
the futile search for an infallible legal argument with no corner cases. This 
is silly.

Take an empirical, practical view instead. Obviously there is no objection to 
blocking spam going out; after all, the spam comes from machines that are no 
longer under the control of their owners, so the only free speech that is 
affected is that of the spammer, and hasn't that already been litigated?

Free speech doesn't include the freedom to shout fire in a crowded theatre. 
Neither does it include the freedom to carry out a DDOS on the fire brigade 
control room. You aren't allowed to levy a toll on the roads and except your 
mates - roads are neutral. But that doesn't invalidate the speed limit or the 
obligation to drive on the left.

 Justin Shore wrote:
 Owen DeLong wrote:
 Blocking ports that the end user has not asked for is bad.

 I was going to ask for a clarification to make sure I read your  
 statement correctly but then again it's short enough I really don't  
 see any room to misinterpret it.  Do you seriously think that a  
 typical residential user has the required level of knowledge to  
 call their SP and ask for them to block tcp/25, tcp  udp/1433 and  
 1434, and a whole list of common open proxy ports?  While they're  
 at it they might ask the SP to block the CC ports for Bobax and  
 Kraken.  I'm sure all residential users know that they use ports  
 447 and 13789.  If so then send me some of your users.  You must be  
 serving users around the MIT campus.

 Doing it and refusing to unblock is worse.

 How you you propose we pull a customer's dynamically-assigned IP  
 out of a DHCP pool so we can treat it differently?  Not all SPs use  
 customer-facing AUTH.  I can think of none that do for CATV though  
 I'm sure someone will now point an oddball SP that I've never heard  
 of before.

 Some ISPs have the even worse practice of blocking 587 and a few  
 even
 go to the horrible length to block 465.

 I would call that a very bad practice.  I haven't personally seen a  
 mis-configured MTA listening on the MSP port so I don't think they  
 can make he claim that the MSP port is a common security risk.  I  
 would call tcp/587 a very safe port to have traverse my network.  I  
 think those ISPs are either demonstrating willful ignorance or  
 marketing malice.

 A few hotel gateways I have encountered are dumb enough to think  
 they can block TCP/53
 which is always fun.

 The hotel I stayed in 2 weeks ago that housed a GK class I took had  
 just such a proxy.  It screwed up DNS but even worse it completely  
 hosed anything trying to tunnel over HTTP.  OCS was dead in the  
 water.  My RPC-over-HTTP Outlook client couldn't work either.   
 Fortunately they didn't mess with IPSec VPN or SSH.  Either way it  
 didn't matter much since the network was unusable (12 visible APs  
 from room, all on overlapping 802.11b/g channels).  The average  
 throughput was .02Mbps.

 Lovely for you, but, not particularly helpful to your customers  
 who may actually want to use some of those services.

 I take a hard line on this.  I will not let the technical ignorance  
 of the average residential user harm my other customers.  There is  
 absolutely no excuse for using Netbios or MS-SQL over the Internet  
 outside of an encrypted tunnel.  Any user smart enough to use a  
 proxy is smart enough to pick a non-default port.  Any residential  
 user running a proxy server locally is in violation of our AUP  
 anyway and will get warned and then terminated.  My filtering helps  
 99.99% of my userbase. The .001% that find this basic security  
 filter intolerable can speak with their wallets.  They can find  
 themselves another provider if they want to use those ports or pay  
 for a business circuit where we filter very little on the  
 assumption they as a business have the technical competence to  
 handle basic security on their own.  (The actual percentage of  
 users that have raised concerns in the past 3 years is .0008%.  I  
 spoke with each of them and none decided to leave our service.)

 We've been down the road of no customer-facing ingress ACLs.  We've  
 fought the battles of getting large swaths of IPs blacklisted  
 because of a few users' technical incompetence.  We've had large  
 portions of our network null-routed in large SPs.  Then we got our  
 act together and stopped acting like those ISPs who we all love to  
 bitch about, that do not manage their customer traffic, and are  
 poor netizens of this shared resource we call the Internet.  Our  
 problems have all but gone away. Our residential and business users  
 no longer call in on a daily basis to report 

Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Florian Weimer
* a. harrowell:

 It ought to be superfluous to point out that the only effective
 action taken against RBN was by the Internet community in getting
 all their upstreams to null route them. As is blindingly obvious,
 SOCA would never have been granted a warrant by the Russians.

Ugh, in reality, they needed a warrant from the Metropolitan Police
(which could have been equally problematic).



Re: RE: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Jeffrey Lyon
We already filter this network but the move is largely symbolic. This needs
to be done by eyeball networks, not just hosting networks.

In filtering 91.202.60.0/22 we primarily keep our reverse proxies from
serving up their content and keep them from offering proxies on our
network.

Its pretty rare that we will filter any network as a whole but in this case
the need is pretty blatent.

Jeff

On Oct 24, 2009 4:25 AM, Martin, Paul paul.mar...@viatel.com wrote:

So considering they're widely regarded as a criminal network hosting the
more dodgy/dangerous stuff on the net, surely we could 'protect' our
customers by blocking the 91.202.60.0/22 range?

Consider that can of worms opened :o)

Paul

-Original Message- From: Jeffrey Lyon [mailto:
jeffrey.l...@blacklotus.net] Sent: 24 Octobe...
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Re: ISP port blocking practice

2009-10-24 Thread Joe Greco
  Isn't blocking any port against the idea of Net Neutrality?

 Yes.
 
 Owen

No.

The idea of net neutrality, in this context, is for service providers
to avoid making arbitrary decisions about the services that a customer
will be allowed.

Blocking 25, or 137-139, etc., are common steps taken to promote the
security of the network.  This is not an arbitrary decision (and I am
defining it this way; I will not play semantics about arbitrary. 
Read along and figure out what I mean.)  For 25, SMTP has proven to be
a protocol that has adapted poorly to modern life, and a variety of
issues have conspired that make it undesirable to allow random home
PC's to use 25.  Reasonable alternatives exist, such as using 587, or
the ISP's mail server.  A customer isn't being disallowed the use of
SMTP to send mail (which WOULD be a problem).  A customer may use any
number of other mail servers to send mail.  Not a serious issue, and
not arbitrary...  it's generally considered a good, or even best
current, practice.

Blocking VoIP from your network to Vonage, because you want your 
customers to buy your own VoIP service?  That's a very clear problem.
There's no justifiable reason that any viable broadband service
provider would have for blocking VoIP.  Yet there could be a reason
to forbid VoIP; I can, for example, imagine some of the rural WISP
setups where the loads caused on the infrastructure interfere with
providing service. 

Similarly, it'd be ridiculous to expect an 802.11b based rural WISP 
to be able to support HD Netflix streaming, or dialup ISP's to be
able to support fast downloading of movies.  These are not arbitrary
restrictions, but rather technological ones.  When you buy a 56k
dialup, you should expect you won't get infinite speed.  When you
buy WISP access on a shared 802.11b setup, you should expect that
you're sharing that theoretical max 11Mbps with other subs.

It gets murkier when you get into situations such as where your 
cableco has sold you a 15Mbps Internet connection, but proceeds to
traffic engineer your activities down to a slower speed.  There
are real questions that should be addressed; for example, if you
are paying extra for a premium service (as in when the default
speed is 7Mbps and you've upgraded), should a customer expect that
they will actually get substantially more capacity?  How does the
reliance on overcommit affect things?  The ideal is to sell a
high speed connection to someone who uses none of it, of course...
but if you're selling lots of capacity, and betting that only a
little will be used at a time, and you've guessed wrong, the big
question is, is that tolerable, or is net neutrality going to
force you to provide what you've sold?

So, now, back to blocking...  many service providers block 80, on
the basis that they don't want customers running servers.  This
could very well be a net neutrality issue.  It's probably not a
security issue.  It's a decision being made at a business level, in
order to promote the purchase of business class services.   It's
an arbitrary decision about what a customer will be allowed to do.

There's lots of interesting stuff to think about.  Net neutrality
isn't going to mean that we kill BCP38 and port 25 filtering.  It
is about service providers arbitrarily interfering with the service
that they're providing.  Customers should be given, to the maximum
extent reasonably possible, Internet connectivity suitable for 
general purpose use.  Where service providers start infringing on
that, that's what should be addressed by network neutrality.

... JG
-- 
Joe Greco - sol.net Network Services - Milwaukee, WI - http://www.sol.net
We call it the 'one bite at the apple' rule. Give me one chance [and] then I
won't contact you again. - Direct Marketing Ass'n position on e-mail spam(CNN)
With 24 million small businesses in the US alone, that's way too many apples.



Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Suresh Ramasubramanian
On Sat, Oct 24, 2009 at 2:48 PM, Marco Hogewoning mar...@marcoh.net wrote:
 On Oct 24, 2009, at 9:00 AM, Suresh Ramasubramanian wrote:
\ 
http://www.eweekeurope.co.uk/news/russian-police-and-internet-registry-accused-of-aiding-cybercrime-2165

 With more on that:
 http://www.ripe.net/news/rbn.html

I am glad this ugly situation has been resolved - and I do wish the
resolution gets better coverage than this.

suresh



DMCA takedowns of networks

2009-10-24 Thread William Allen Simpson

http://www.huffingtonpost.com/2009/10/23/chamber-of-commerce-stron_n_332087.html

  Hurricane Electric obeyed the Chamber's letter and shut down the spoof
  site. But in the process, they shut down hundreds of other sites
  maintained by May First / People Link, the Yes Men's direct provider
  (Hurricane Electric is its upstream provider).

What's going on?  Since when are we required to take down an entire
customer's net for one of their subscriber's so-called infringement?

Heck, it takes years to agree around here to take down a peering to an
obviously criminal enterprise network

My first inclination would be to return the request (rejected), saying
it was sent to the wrong provider.



Re: DMCA takedowns of networks

2009-10-24 Thread Bret Clark
BS to say the least...first the US Chamber of Commerce is not a 
government organization.  And even if there were what right does anyone 
have to tread on Freedom of Speech?!? Was there a court order?


I'd really be interested in know what strong arm tactic they used with HE.


William Allen Simpson wrote:
http://www.huffingtonpost.com/2009/10/23/chamber-of-commerce-stron_n_332087.html 



  Hurricane Electric obeyed the Chamber's letter and shut down the spoof
  site. But in the process, they shut down hundreds of other sites
  maintained by May First / People Link, the Yes Men's direct provider
  (Hurricane Electric is its upstream provider).

What's going on?  Since when are we required to take down an entire
customer's net for one of their subscriber's so-called infringement?

Heck, it takes years to agree around here to take down a peering to an
obviously criminal enterprise network

My first inclination would be to return the request (rejected), saying
it was sent to the wrong provider.






Re: DMCA takedowns of networks

2009-10-24 Thread Jeffrey Lyon
Outside of child pornography there is no content that I would ever consider
censoring without a court order nor would I ever purchase transit from a
company that engages in this type of behavior.

Jeff

On Oct 24, 2009 9:01 AM, William Allen Simpson 
william.allen.simp...@gmail.com wrote:

http://www.huffingtonpost.com/2009/10/23/chamber-of-commerce-stron_n_332087.html

 Hurricane Electric obeyed the Chamber's letter and shut down the spoof
 site. But in the process, they shut down hundreds of other sites
 maintained by May First / People Link, the Yes Men's direct provider
 (Hurricane Electric is its upstream provider).

What's going on?  Since when are we required to take down an entire
customer's net for one of their subscriber's so-called infringement?

Heck, it takes years to agree around here to take down a peering to an
obviously criminal enterprise network

My first inclination would be to return the request (rejected), saying
it was sent to the wrong provider.


Re: DMCA takedowns of networks

2009-10-24 Thread Patrick W. Gilmore

On Oct 24, 2009, at 9:28 AM, Jeffrey Lyon wrote:

Outside of child pornography there is no content that I would ever  
consider
censoring without a court order nor would I ever purchase transit  
from a

company that engages in this type of behavior.


A DMCA takedown order has the force of law.

This does not mean you should take down an entire network with  
unrelated sites.  Given He's history, I'm guessing it was a mistake.


Not buying services from any network that has made a mistake would  
quickly leave you with exactly zero options for transit.


--
TTFN,
patrick




On Oct 24, 2009 9:01 AM, William Allen Simpson 
william.allen.simp...@gmail.com wrote:

http://www.huffingtonpost.com/2009/10/23/chamber-of-commerce-stron_n_332087.html

Hurricane Electric obeyed the Chamber's letter and shut down the spoof
site. But in the process, they shut down hundreds of other sites
maintained by May First / People Link, the Yes Men's direct provider
(Hurricane Electric is its upstream provider).

What's going on?  Since when are we required to take down an entire
customer's net for one of their subscriber's so-called infringement?

Heck, it takes years to agree around here to take down a peering to an
obviously criminal enterprise network

My first inclination would be to return the request (rejected), saying
it was sent to the wrong provider.






Re: Slashdotted - Peering Disputes Migrate To IPv6

2009-10-24 Thread Patrick W. Gilmore

On Oct 23, 2009, at 10:56 PM, Scott Howard wrote:


http://tech.slashdot.org/story/09/10/23/1715235/Peering-Disputes-Migrate-To-IPv6

I wouldn't bother with the comments unless you really need to know  
how the
analogy between IP peering and two gay guys ends up... (hey, it's  
Slashdot,

what did you expect?)


When I read that, I thought about the GPF, Guy  I winning the Newly  
Peered Game, and ... well, it went downhill from there.


--
TTFN,
patrick




Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Daniel Karrenberg
On 24.10 03:05, Paul Bosworth wrote:
 I think the larger point is that ripe turned a blind eye to an
 internationally recognized criminal network.

That may be a point but not a convincing one.

Imagine the outcry on this list if ARIN were to deny some organisation
address space or ASNs just because they are internationally recognised
criminals.  Wouldn't we demand a little more due process? 
Especially since the alternatives are not as easy as walking to the
next fastfood joint.

The RIPE NCC operates in a region where whole sovereign states call each
other criminals or worse on a daily basis. 

The only tenable position for each RIR is to strictly apply the
policies developed in its bottom-up self-regulatory process.  Doing
anything else would require intervention via a proper legal process,
e.g.  a *judge* with appropriate jurisdiction telling the RIR that 
its actions are unlawful.

Frustration is a bad advisor when trying to stop crime, unrelenting
application of due process is the only way ... frustrating as it may be.

Daniel Karrenberg
Chief Scientist RIPE NCC
Speaking only for himself as is customary here.

PS: This is old news, compare
http://www.h-online.com/security/news/item/Security-expert-calls-for-IP-address-ranges-of-criminal-providers-to-be-sent-direct-to-the-police-737905.html

And see the press release that Marco pointed out.

Daniel



RE: DMCA takedowns of networks

2009-10-24 Thread Brandt, Ralph
HE certainly was right in shutting down that site.  It had copyright
infringement.  That they took down other sites is reprehensible unless
they lacked the technical capability to do otherwise.  (The question
then arises, should they be in business if that is the case?) 

I am a strong advocate of free speech and have a track record for both
supporting and exercising it.  But the dissenters must be responsible.
Copying a site - copyright infringement - is never free speech, it is
illegal activity.  I really don't even care if there is a legal
copyright notice is its morally wrong and it puts the dissenter in a
category that is probably worse than the other party.  That someone
would do that tells me that they are not responsible in dissent and
their message is horse crap.  It is flashy lacking in thought and
content.  Why would I consider them a valid source of information?

I think the present administration is illegally there and should be
removed speedily by impeachment.  But I would never steal copyright
material to dissent.  I have never used his picture because I am not
aware of a free use picture. 

Ralph Brandt

www.triond.com/users/Ralph+Brandt

-Original Message-
From: Patrick W. Gilmore [mailto:patr...@ianai.net] 
Sent: Saturday, October 24, 2009 9:36 AM
To: North American Network Operators Group
Subject: Re: DMCA takedowns of networks

On Oct 24, 2009, at 9:28 AM, Jeffrey Lyon wrote:

 Outside of child pornography there is no content that I would ever  
 consider
 censoring without a court order nor would I ever purchase transit  
 from a
 company that engages in this type of behavior.

A DMCA takedown order has the force of law.

This does not mean you should take down an entire network with  
unrelated sites.  Given He's history, I'm guessing it was a mistake.

Not buying services from any network that has made a mistake would  
quickly leave you with exactly zero options for transit.

-- 
TTFN,
patrick



 On Oct 24, 2009 9:01 AM, William Allen Simpson 
 william.allen.simp...@gmail.com wrote:


http://www.huffingtonpost.com/2009/10/23/chamber-of-commerce-stron_n_332
087.html

 Hurricane Electric obeyed the Chamber's letter and shut down the spoof
 site. But in the process, they shut down hundreds of other sites
 maintained by May First / People Link, the Yes Men's direct provider
 (Hurricane Electric is its upstream provider).

 What's going on?  Since when are we required to take down an entire
 customer's net for one of their subscriber's so-called infringement?

 Heck, it takes years to agree around here to take down a peering to an
 obviously criminal enterprise network

 My first inclination would be to return the request (rejected), saying
 it was sent to the wrong provider.




__
This email has been scanned by the MessageLabs Email Security System.
For more information please visit http://www.messagelabs.com/email 
__



Re: DMCA takedowns of networks

2009-10-24 Thread Richard A Steenbergen
On Sat, Oct 24, 2009 at 09:36:05AM -0400, Patrick W. Gilmore wrote:
 On Oct 24, 2009, at 9:28 AM, Jeffrey Lyon wrote:
 
 Outside of child pornography there is no content that I would ever  
 consider
 censoring without a court order nor would I ever purchase transit  
 from a
 company that engages in this type of behavior.
 
 A DMCA takedown order has the force of law.

The DMCA defines a process by which copyright violations can be handled. 
One of the options in that process is to send a counter-notice to the 
takedown notice.

http://chillingeffects.org/dmca512/faq.cgi#QID130
http://chillingeffects.org/dmca512/faq.cgi#QID132

To quote:

 In order to ensure that copyright owners do not wrongly insist on the 
 removal of materials that actually do not infringe their copyrights, 
 the safe harbor provisions require service providers to notify the 
 subscribers if their materials have been removed and to provide them 
 with an opportunity to send a written notice to the service provider 
 stating that the material has been wrongly removed. [512(g)] If a 
 subscriber provides a proper counter-notice claiming that the 
 material does not infringe copyrights, the service provider must then 
 promptly notify the claiming party of the individual's objection. 
 [512(g)(2)] If the copyright owner does not bring a lawsuit in 
 district court within 14 days, the service provider is then required 
 to restore the material to its location on its network. [512(g)(2)(C)]

This seems like a very obvious case of parody/fair use, so the proper
response would be for the victim to send a counter-notice and then wait
for the complainer to settle the issue in court. No doubt the lawsuit
would never come, because they don't stand a chance in hell of actually
winning, but sending letters is cheap and surprisingly effective against 
the uninformed.

The reason you don't typically see these kinds of issues with providers
blocking large amounts of content by taking out whole IPs of their
downstreams is that it is cheap and easy to become your own service
provider for the purposes of DMCA. If you are hosting any content
yourself, you should really go to http://www.copyright.gov/onlinesp/ and
file for a designated agent.

-- 
Richard A Steenbergen r...@e-gerbil.net   http://www.e-gerbil.net/ras
GPG Key ID: 0xF8B12CBC (7535 7F59 8204 ED1F CC1C 53AF 4C41 5ECA F8B1 2CBC)



Re: DMCA takedowns of networks

2009-10-24 Thread James Hess
On Sat, Oct 24, 2009 at 8:00 AM, William Allen Simpson
 What's going on?  Since when are we required to take down an entire
 customer's net for one of their subscriber's so-called infringement?

Since people are afraid.  Organizations may send DMCA letters,
whether they are valid or not;  the recipient may disconnect what the
sender wants,  and is unlikely to consider whether they really must do
it or not.  It's easier to do what the bully wants than be a guinea
pig  and have some risk of being sued,or other unforseen
consequences.

Note that the 512(a) safe harbor of the DMCA  does not  include a
requirement of removing material when notified;  only the  512(c)
safe harbor includes that requirement,
and it's for providers that actually store the material.
-  http://www.chillingeffects.org/dmca512/faq.cgi#QID472


US Title 17, Chapter 5, Sec 512, (c)
 http://www.copyright.gov/title17/92chap5.html#512
 (c) Information Residing on Systems or Networks at Direction of Users.
ersus
(a) Transitory Digital Network Communications. ... A service provider
shall not be liable for monetary relief, or, except as provided in
subsection (j), for injunctive or other equitable relief, for
infringement of copyright by reason of the provider's transmitting,
routing, or providing connections for, 

It's a bit hard (impossible) to  expeditiously remove   material
that your  equipment isn't storing,but  that a  downstream network
is storing.

The DMCA doesn't say anything about  severing connectivity to
computers on a network.   That's just what the  wronged party wants,
the collateral  damage doesn't effect them.

--
-J



Re: DMCA takedowns of networks

2009-10-24 Thread Brett Frankenberger
On Sat, Oct 24, 2009 at 11:06:29AM -0400, Patrick W. Gilmore wrote:
 On Oct 24, 2009, at 10:53 AM, Richard A Steenbergen wrote:
 On Sat, Oct 24, 2009 at 09:36:05AM -0400, Patrick W. Gilmore wrote:
 On Oct 24, 2009, at 9:28 AM, Jeffrey Lyon wrote:

 Outside of child pornography there is no content that I would ever
 consider censoring without a court order nor would I ever purchase
 transit from a company that engages in this type of behavior.

 A DMCA takedown order has the force of law.

It most certainly does not.

 The DMCA defines a process by which copyright violations can be
 handled. One of the options in that process is to send a
 counter-notice to the takedown notice.

 Laws frequently have multiple options for compliance.  Doesn't mean you 
 don't have to follow the law.

But you should understand the law.

The DMCA does NOT require that any provider, anywhere, ever, take down
material because they were notified that the material is infringing on
a copyright holder's rights.

What the DMCA does say is that if a provider receives such a
notification, and promptly takes down the material, then the ISP is
immune from being held liable for the infringement.  Many providers
routinely take down material when they receive a DMCA take-down notice. 
But if they do so out of the belief that they are required to do so,
they are confused.  They are not required to do so.  They can choose to
take it down in exchange for getting the benefit of immunity from being
sued (many, probably most, providers make this choice).  Or they can
choose to leave it up, which leaves them vulnerable to a lawsuit by the
copyright holder.  (In such a lawsuit, they copyright holder would have
to prove that infringement occurred and that the provider is liable for
it.)

(I'm not commenting on the merits of HE's actions here.  Just on that
the DMCA actually says.  It's certainly a good practice for providers
that don't want to spend time evaluating copyright claims and defending
copyright infringement suits (which, I think, is most providers) to
take advantage of the DMCAs safe-harbor provisions.  I'm not disputing
that.)

 -- Brett



Re: ISP port blocking practice

2009-10-24 Thread Patrick W. Gilmore


On Oct 23, 2009, at 10:54 PM, Owen DeLong wrote:

On Oct 23, 2009, at 3:43 PM, Justin Shore wrote:

Dan White wrote:

On 23/10/09 17:58 -0400, James R. Cutler wrote:
Blocking the well known port 25 does not block sending of mail.  
Or the

message content.

It does block incoming SMTP traffic on that well known port.


Then the customer should have bought a class of service that  
permits servers.


Then you shouldn't be marketing what the customer bought as  
Internet Access.


We disagree.  But is this really the place to discuss what MARKETING  
people should be doing? :)


Blocking port 25 is not, IMHO, a violation of Network Neutrality.  I  
explained why in a very long, probably boring, post.  Your definition  
of Network neutrality may differ.  Which is fine, but doesn't make  
mine wrong.


As for how it is marketed, well, I'm not even going to try to argue  
that.


--
TTFN,
patrick




Re: ISP port blocking practice

2009-10-24 Thread JC Dill

Chris Boyd wrote:



Once it's set up correctly we've found customers really like it since 
their email just works in most places. 


Earlier this week I had an experience at a San Jose[1] Public Library, 
where they blocked ports 995, 587, 465, and 119.  None of my mail 
services (or usenet service) worked, except for the news server I use 
that runs on port 443 (heh) and my webmail backup.  Using gmail/webmail 
I sent an email to the tech admin, and they opened up those ports the 
next day.


This is the first time I've had problems with using these ports - in 
other cases it does just work as expected.  I was rather stunned to 
run into this at a public library.  Usually librarians are major 
defenders of free speech and fight vigorously against censoring, 
blocking, and filtering of any type on library computers and networks.  
My guess is that none of the librarians *knew* that the IT department 
had setup these blocks.  I'll have a chat with them the next time I drop in.


jc

[1] San Jose is the 3rd largest city in California, 10th largest city in 
the US and the center of Silicon Valley - I had expected a higher level 
of IT clue than I found.





Re: DMCA takedowns of networks

2009-10-24 Thread Patrick W. Gilmore

On Oct 24, 2009, at 11:20 AM, Brett Frankenberger wrote:

On Sat, Oct 24, 2009 at 11:06:29AM -0400, Patrick W. Gilmore wrote:

On Oct 24, 2009, at 10:53 AM, Richard A Steenbergen wrote:

On Sat, Oct 24, 2009 at 09:36:05AM -0400, Patrick W. Gilmore wrote:

On Oct 24, 2009, at 9:28 AM, Jeffrey Lyon wrote:


Outside of child pornography there is no content that I would ever
consider censoring without a court order nor would I ever purchase
transit from a company that engages in this type of behavior.


A DMCA takedown order has the force of law.


It most certainly does not.


It most certainly does.



The DMCA defines a process by which copyright violations can be
handled. One of the options in that process is to send a
counter-notice to the takedown notice.


Laws frequently have multiple options for compliance.  Doesn't mean  
you

don't have to follow the law.


But you should understand the law.


That's a matter of opinion. :)



The DMCA does NOT require that any provider, anywhere, ever, take down
material because they were notified that the material is infringing on
a copyright holder's rights.


Who said it does?  I most certainly did not.  If you think I did,  
try reading again.




What the DMCA does say is that if a provider receives such a
notification, and promptly takes down the material, then the ISP is
immune from being held liable for the infringement.  Many providers
routinely take down material when they receive a DMCA take-down  
notice.

But if they do so out of the belief that they are required to do so,
they are confused.  They are not required to do so.  They can choose  
to
take it down in exchange for getting the benefit of immunity from  
being

sued (many, probably most, providers make this choice).  Or they can
choose to leave it up, which leaves them vulnerable to a lawsuit by  
the
copyright holder.  (In such a lawsuit, they copyright holder would  
have
to prove that infringement occurred and that the provider is liable  
for

it.)


See, we agree.

So what was the problem again? =)

And if anyone wants to get upset at a provider for doing what is best  
for their business, perhaps by saying they are 'giving in to a bully'  
or other silliness, then they should be ignored.


Sometimes it's worth the $$ on lawyers so you can get more customers  
because people believe you will stand up for them.  Sometimes it is  
not.  But a for-profit business is, well, for-profit.  And even if you  
make the wrong business decision, it's still YOUR decision.  You risk  
your business either way you decide, and things are rarely cut-and- 
dried.  People from the outside without all the information telling  
you you what to do are being silly.


Like I always say: Your Network, Your Decision.

Anyone care to argue otherwise?

--
TTFN,
patrick

P.S. still doesn't mean HE should have taken down non-infringing sites.




Re: ISP port blocking practice

2009-10-24 Thread Owen DeLong


On Oct 24, 2009, at 3:17 AM, Joe Greco wrote:


Isn't blocking any port against the idea of Net Neutrality?


Yes.

Owen


No.

The idea of net neutrality, in this context, is for service providers
to avoid making arbitrary decisions about the services that a customer
will be allowed.


Right.


Blocking 25, or 137-139, etc., are common steps taken to promote the
security of the network.  This is not an arbitrary decision (and I am
defining it this way; I will not play semantics about arbitrary.
Read along and figure out what I mean.)  For 25, SMTP has proven to be
a protocol that has adapted poorly to modern life, and a variety of
issues have conspired that make it undesirable to allow random home
PC's to use 25.  Reasonable alternatives exist, such as using 587, or
the ISP's mail server.  A customer isn't being disallowed the use of
SMTP to send mail (which WOULD be a problem).  A customer may use any
number of other mail servers to send mail.  Not a serious issue, and
not arbitrary...  it's generally considered a good, or even best
current, practice.


A common practice of breaking the network for your customers does not
make the network any less broken and does not make the action network
neutral

The SMTP protocol has adapted just fine.  Certain operators of SMTP
servers, on the other hand, are a different issue.  I don't take  
exception

if you want to block those SMTP servers.  I do take exception if you
block the protocol entirely.

587 is the exact same protocol as 25, just with different host  
configuration

policies.  As such, I would hold up 587 as an example to prove my point.



Blocking VoIP from your network to Vonage, because you want your
customers to buy your own VoIP service?  That's a very clear problem.
There's no justifiable reason that any viable broadband service
provider would have for blocking VoIP.  Yet there could be a reason
to forbid VoIP; I can, for example, imagine some of the rural WISP
setups where the loads caused on the infrastructure interfere with
providing service.


Some providers block outbound 25 to other email service providers
because they want your outgoing email to go only through their
own unauthenticated, unsecure mail servers. (I have had at least
one former ISP refuse to unblock port 25 or 587 for me to a host
that was running TLS and SMTPAUTH while they insisted that
I use their port 25 server which did not listen on port 587 and
would not accept TLS or SMTPAUTH).


Similarly, it'd be ridiculous to expect an 802.11b based rural WISP
to be able to support HD Netflix streaming, or dialup ISP's to be
able to support fast downloading of movies.  These are not arbitrary
restrictions, but rather technological ones.  When you buy a 56k
dialup, you should expect you won't get infinite speed.  When you
buy WISP access on a shared 802.11b setup, you should expect that
you're sharing that theoretical max 11Mbps with other subs.


Right... Those are not arbitrary, they are valid.  Blocking all access
to port 25 is, on the other hand, arbitrary.



There's lots of interesting stuff to think about.  Net neutrality
isn't going to mean that we kill BCP38 and port 25 filtering.  It
is about service providers arbitrarily interfering with the service
that they're providing.  Customers should be given, to the maximum
extent reasonably possible, Internet connectivity suitable for
general purpose use.  Where service providers start infringing on
that, that's what should be addressed by network neutrality.


BCP-38 is good.  SMTP blocking is not in BCP-38.

Not allowing a user to send forged packets is a perfectly legitimate
action.  Not allowing a user to send or receive valid packets
properly formatted, carrying legitimate traffic for purposes which
are not a violation of the providers AUP, on the other hand, is
not good.

Owen



Re: DMCA takedowns of networks

2009-10-24 Thread Jeffrey Lyon
Patrick,

My comment was geared toward freedom of content and should not be
interpreted to mean that network abuse will be permitted. We're very
conservative about how we handle DMCA requests. If we receive one it
better be valid and if there is any doubt we will challenge the sender
vice punish our customer.

Most DMCA we receive are completely bogus.

Jeff


On Sat, Oct 24, 2009 at 9:39 AM, Patrick W. Gilmore patr...@ianai.net wrote:
 On Oct 24, 2009, at 9:36 AM, Patrick W. Gilmore wrote:

 On Oct 24, 2009, at 9:28 AM, Jeffrey Lyon wrote:

 Outside of child pornography there is no content that I would ever
 consider
 censoring without a court order nor would I ever purchase transit from a
 company that engages in this type of behavior.

 P.S. Good to know you would keep spammers, DDoS'ers, hackers, etc.
 connected, even in the face of evidence provided by other ISPs, ... nor
 would I ever purchase transit from a company that engages in this type of
 behavior.

 --
 TTFN,
 patrick


 A DMCA takedown order has the force of law.

 This does not mean you should take down an entire network with unrelated
 sites.  Given He's history, I'm guessing it was a mistake.

 Not buying services from any network that has made a mistake would quickly
 leave you with exactly zero options for transit.

 --
 TTFN,
 patrick



 On Oct 24, 2009 9:01 AM, William Allen Simpson 
 william.allen.simp...@gmail.com wrote:


 http://www.huffingtonpost.com/2009/10/23/chamber-of-commerce-stron_n_332087.html

 Hurricane Electric obeyed the Chamber's letter and shut down the spoof
 site. But in the process, they shut down hundreds of other sites
 maintained by May First / People Link, the Yes Men's direct provider
 (Hurricane Electric is its upstream provider).

 What's going on?  Since when are we required to take down an entire
 customer's net for one of their subscriber's so-called infringement?

 Heck, it takes years to agree around here to take down a peering to an
 obviously criminal enterprise network

 My first inclination would be to return the request (rejected), saying
 it was sent to the wrong provider.








-- 
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications of The IRC Company, Inc.

Platinum sponsor of HostingCon 2010. Come to Austin, TX on July 19 -
21 to find out how to protect your booty.



Re: Interesting Point of view - Russian police and RIPE accused of aiding RBN

2009-10-24 Thread Jeffrey Lyon
The decision to filter networks should remain with the collective
network operators. Everyone, even criminals, has a right to
distribute content but it's up to each operator to decide if that
content will be allowed to transit their network. Personally, if an
entire /22 does not have a single legitimate resource on it in the
case of 91.202.60.0/22 *and* is widely suspected of being
owned/operated by a criminal enterprise then filtering makes sense.

Historically it takes a few pioneers to present a case for filtering
specific networks before larger networks will begin to see the light.

Jeff


On Sat, Oct 24, 2009 at 9:59 AM, Daniel Karrenberg
daniel.karrenb...@ripe.net wrote:
 On 24.10 03:05, Paul Bosworth wrote:
 I think the larger point is that ripe turned a blind eye to an
 internationally recognized criminal network.

 That may be a point but not a convincing one.

 Imagine the outcry on this list if ARIN were to deny some organisation
 address space or ASNs just because they are internationally recognised
 criminals.  Wouldn't we demand a little more due process?
 Especially since the alternatives are not as easy as walking to the
 next fastfood joint.

 The RIPE NCC operates in a region where whole sovereign states call each
 other criminals or worse on a daily basis.

 The only tenable position for each RIR is to strictly apply the
 policies developed in its bottom-up self-regulatory process.  Doing
 anything else would require intervention via a proper legal process,
 e.g.  a *judge* with appropriate jurisdiction telling the RIR that
 its actions are unlawful.

 Frustration is a bad advisor when trying to stop crime, unrelenting
 application of due process is the only way ... frustrating as it may be.

 Daniel Karrenberg
 Chief Scientist RIPE NCC
 Speaking only for himself as is customary here.

 PS: This is old news, compare
 http://www.h-online.com/security/news/item/Security-expert-calls-for-IP-address-ranges-of-criminal-providers-to-be-sent-direct-to-the-police-737905.html

 And see the press release that Marco pointed out.

 Daniel





-- 
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications of The IRC Company, Inc.

Platinum sponsor of HostingCon 2010. Come to Austin, TX on July 19 -
21 to find out how to protect your booty.



Re: DMCA takedowns of networks

2009-10-24 Thread Joe Greco
 On Oct 24, 2009, at 10:53 AM, Richard A Steenbergen wrote:
  On Sat, Oct 24, 2009 at 09:36:05AM -0400, Patrick W. Gilmore wrote:
  On Oct 24, 2009, at 9:28 AM, Jeffrey Lyon wrote:
 
  Outside of child pornography there is no content that I would ever
  consider
  censoring without a court order nor would I ever purchase transit
  from a
  company that engages in this type of behavior.
 
  A DMCA takedown order has the force of law.
 
  The DMCA defines a process by which copyright violations can be  
  handled.
  One of the options in that process is to send a counter-notice to the
  takedown notice.
 
 Laws frequently have multiple options for compliance.  Doesn't mean  
 you don't have to follow the law.
 
A DMCA takedown notice isn't law, Patrick, and does not have the force
of law claimed above.  It is merely a claim by a third party as to some
particular infringement.  A service provider CAN take certain steps listed
in the DMCA and gain absolute protection under the law against almost any
sort of copyright liability regarding the incident.  This does not,
however, make it correct or perhaps even legal for a service provider to 
take that action in all cases.

There are plenty of examples of DMCA notices having been sent for the 
sole purpose of getting something someone doesn't like shut down, even 
where the party issuing the notice obviously does not own the copyright 
in question.  There are a variety of techniques to deal with this...
 
  This seems like a very obvious case of parody/fair use,
 
 Possibly, but I do not blame a provider to not being willing to make  
 that distinction.

Yes, but it's troubling that a nontrivial provider of transit would make
such a mistake.  This is like Cogent, who, at one point, received a DMCA
(or possibly just abuse complaint) about content being posted through a
server of a client's, and who proceeded to try to null-route that Usenet
news server's address.  

Of course, they picked a hostname out of the headers of the message in
question, and null-routed that.  To no effect, since the users accessed
servers through SLB.  Duh.

And since Usenet is a flood fill system, blocking the injecting host
isn't sufficient anyways, since the article is instantly available at
every other Usenet site, including the other local servers.  Double duh.

And since the subscriber's account had already been closed and cancels
had been issued earlier in the day, the content wasn't even on the 
server anymore.  Three duhs and Cogent's out...

The annoying part was that Cogent decided at 2 *AM* in the morning
that this was a problem, and insisted on an answer within an hour.
I allocated a whole lot more time than that for reading several tiers
of management and sales the riot act.  Not that it had any operational
impact whatsoever, but when a service provider starts implementing
arbitrary kneejerk fixes upon receipt of a complaint, that's a bad
thing, and that seems like what may have happened here, too.

To be clear: I agree that a provider might not want to make a 
distinction between a legitimate DMCA takedown and something that's
not, but it is reasonable to limit oneself to the things required by
the DMCA.  Null-routing a virtual web server's IP and interfering
with the operation of other services is probably overreaching, at
least as a first step.

  so the proper
  response would be for the victim to send a counter-notice and then  
  wait
  for the complainer to settle the issue in court.
 
 See previous comment.  The website owner, however, has that option.
 
 Let's just agree that there were multiple avenues open to lots of  
 people here, that HE should not have taken down more than the site in  
 question (if, in fact, that is what happened), and that the DCMA has  
 silly parts.
 
 Doesn't mean you should wait for a court order though.

That is, of course, completely correct.

... JG
-- 
Joe Greco - sol.net Network Services - Milwaukee, WI - http://www.sol.net
We call it the 'one bite at the apple' rule. Give me one chance [and] then I
won't contact you again. - Direct Marketing Ass'n position on e-mail spam(CNN)
With 24 million small businesses in the US alone, that's way too many apples.



Re: DMCA takedowns of networks

2009-10-24 Thread Patrick W. Gilmore

On Oct 24, 2009, at 2:24 PM, Jeffrey Lyon wrote:


My comment was geared toward freedom of content and should not be
interpreted to mean that network abuse will be permitted. We're very
conservative about how we handle DMCA requests. If we receive one it
better be valid and if there is any doubt we will challenge the sender
vice punish our customer.

Most DMCA we receive are completely bogus.


Like most discussions on NANOG, this was the result of a  
miscommunication.  You said you would never censor anything other than  
CP without a court order.  What you meant is that you could follow  
DCMA if it is not bogus even without a court order, and you would stop  
abuse, and you would in general act like many other reasonable  
providers.


I'm going to assume that means you would also buy transit from such  
providers.


Wow, it seems like we completely agree.  Glad to have cleared that up.

Try not to be so absolute next time.

--
TTFN,
patrick


On Sat, Oct 24, 2009 at 9:39 AM, Patrick W. Gilmore  
patr...@ianai.net wrote:

On Oct 24, 2009, at 9:36 AM, Patrick W. Gilmore wrote:


On Oct 24, 2009, at 9:28 AM, Jeffrey Lyon wrote:


Outside of child pornography there is no content that I would ever
consider
censoring without a court order nor would I ever purchase transit  
from a

company that engages in this type of behavior.


P.S. Good to know you would keep spammers, DDoS'ers, hackers, etc.
connected, even in the face of evidence provided by other ISPs,  
... nor
would I ever purchase transit from a company that engages in this  
type of

behavior.

--
TTFN,
patrick



A DMCA takedown order has the force of law.

This does not mean you should take down an entire network with  
unrelated

sites.  Given He's history, I'm guessing it was a mistake.

Not buying services from any network that has made a mistake would  
quickly

leave you with exactly zero options for transit.

--
TTFN,
patrick




On Oct 24, 2009 9:01 AM, William Allen Simpson 
william.allen.simp...@gmail.com wrote:


http://www.huffingtonpost.com/2009/10/23/chamber-of-commerce-stron_n_332087.html

Hurricane Electric obeyed the Chamber's letter and shut down the  
spoof

site. But in the process, they shut down hundreds of other sites
maintained by May First / People Link, the Yes Men's direct  
provider

(Hurricane Electric is its upstream provider).

What's going on?  Since when are we required to take down an entire
customer's net for one of their subscriber's so-called  
infringement?


Heck, it takes years to agree around here to take down a peering  
to an

obviously criminal enterprise network

My first inclination would be to return the request (rejected),  
saying

it was sent to the wrong provider.











--
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications of The IRC Company, Inc.

Platinum sponsor of HostingCon 2010. Come to Austin, TX on July 19 -
21 to find out how to protect your booty.






Re: DMCA takedowns of networks

2009-10-24 Thread Patrick W. Gilmore

On Oct 24, 2009, at 2:28 PM, Joe Greco wrote:


Laws frequently have multiple options for compliance.  Doesn't mean
you don't have to follow the law.


A DMCA takedown notice isn't law, Patrick, and does not have the  
force

of law claimed above.


You say potato, I say whatever.  In the field of law, the word force  
has two main meanings: unlawful violence and lawful compulsion.  They  
are lawfully compelling you to take down the content, or explain why  
you should not.  This is no different from many legal notices.  If  
you ignore the notice, you risk legal ramifications, including the  
loss of Safe Harbor defense.


This pice of paper has the force of the US gov't behind it.  What  
would you call the force of law?


Feel free to believe otherwise.  IANAL (or even an ISP :), so maybe  
I'm wrong.  But I'm not going to think poorly of any provider who  
thinks otherwise.




This seems like a very obvious case of parody/fair use,


Possibly, but I do not blame a provider to not being willing to make
that distinction.


Yes, but it's troubling that a nontrivial provider of transit would  
make
such a mistake.  This is like Cogent, who, at one point, received a  
DMCA
(or possibly just abuse complaint) about content being posted  
through a
server of a client's, and who proceeded to try to null-route that  
Usenet

news server's address.


[snip - bunch of stuff about Cogent]

It is almost certainly not like anything.

I'm guessing that you have no clue what actually happened.  People are  
making assumptions from third-party accounts using 5th hand info.   
Generalization is bad, generalization on such flimsy info is silly.


Maybe they typo'ed a filter list.  Maybe some newbie over-reacted.   
Maybe the customer did not pay their bill.  WE HAVE NO IDEA WHY THIS  
HAPPENED.




To be clear: I agree that a provider might not want to make a
distinction between a legitimate DMCA takedown and something that's
not, but it is reasonable to limit oneself to the things required by
the DMCA.  Null-routing a virtual web server's IP and interfering
with the operation of other services is probably overreaching, at
least as a first step.


I have stated over  over that it is not right for HE to take down non- 
infringing sites - _if_ that is what happened.


So why are we having this discussion?



Doesn't mean you should wait for a court order though.


That is, of course, completely correct.


Glad we agree.

--
TTFN,
patrick




Re: ISP port blocking practice

2009-10-24 Thread Joe Greco
 On Oct 24, 2009, at 3:17 AM, Joe Greco wrote:
  Isn't blocking any port against the idea of Net Neutrality?
 
  Yes.
 
  Owen
 
  No.
 
  The idea of net neutrality, in this context, is for service providers
  to avoid making arbitrary decisions about the services that a customer
  will be allowed.

 Right.
 
  Blocking 25, or 137-139, etc., are common steps taken to promote the
  security of the network.  This is not an arbitrary decision (and I am
  defining it this way; I will not play semantics about arbitrary.
  Read along and figure out what I mean.)  For 25, SMTP has proven to be
  a protocol that has adapted poorly to modern life, and a variety of
  issues have conspired that make it undesirable to allow random home
  PC's to use 25.  Reasonable alternatives exist, such as using 587, or
  the ISP's mail server.  A customer isn't being disallowed the use of
  SMTP to send mail (which WOULD be a problem).  A customer may use any
  number of other mail servers to send mail.  Not a serious issue, and
  not arbitrary...  it's generally considered a good, or even best
  current, practice.

 A common practice of breaking the network for your customers does not
 make the network any less broken and does not make the action network
 neutral
 
 The SMTP protocol has adapted just fine.  Certain operators of SMTP
 servers, on the other hand, are a different issue.  I don't take  
 exception
 if you want to block those SMTP servers.  I do take exception if you
 block the protocol entirely.
 
 587 is the exact same protocol as 25, just with different host  
 configuration
 policies.  As such, I would hold up 587 as an example to prove my point.

Except it doesn't.  587 is submission done right; whereas 25 is
transit.  587 and 25 are conceptually completely different, even if
they use a common underlying protocol.  That's why 587 not only does
not prove your point, but it actually allows me to show that it isn't
SMTP being interfered with, but rather just the uncontrolled submission
of e-mail to remote machines.

Does network neutrality mean that dialup operators will have to allow
PPP users to connect without a login and password?

  Blocking VoIP from your network to Vonage, because you want your
  customers to buy your own VoIP service?  That's a very clear problem.
  There's no justifiable reason that any viable broadband service
  provider would have for blocking VoIP.  Yet there could be a reason
  to forbid VoIP; I can, for example, imagine some of the rural WISP
  setups where the loads caused on the infrastructure interfere with
  providing service.

 Some providers block outbound 25 to other email service providers
 because they want your outgoing email to go only through their
 own unauthenticated, unsecure mail servers. (I have had at least
 one former ISP refuse to unblock port 25 or 587 for me to a host
 that was running TLS and SMTPAUTH while they insisted that
 I use their port 25 server which did not listen on port 587 and
 would not accept TLS or SMTPAUTH).

Blocking 25 isn't a problem.  Blocking 587 is.  Requiring all e-mail
to go through their servers is also a problem.  That's because there
is a good reason for the 25 blocking, one that you can trivially
work around on 587.  Blocking 587 is overreaching, and is dictating
that you must use their servers.  That is not neutral.

  Similarly, it'd be ridiculous to expect an 802.11b based rural WISP
  to be able to support HD Netflix streaming, or dialup ISP's to be
  able to support fast downloading of movies.  These are not arbitrary
  restrictions, but rather technological ones.  When you buy a 56k
  dialup, you should expect you won't get infinite speed.  When you
  buy WISP access on a shared 802.11b setup, you should expect that
  you're sharing that theoretical max 11Mbps with other subs.

 Right... Those are not arbitrary, they are valid.  Blocking all access
 to port 25 is, on the other hand, arbitrary.

It's not, because there is an obvious ongoing problem with infected
end-user machines sending spam, and no particular reason that an end-
user machine needs to be able to send e-mail to random remote sites.
A huge amount of good is accomplished for the 'net as a whole when a
service provider blocks 25.  They're not preventing you from sending
e-mail, they're just requiring that it be sent in a manner that
complies with current community standards.  And there are standards,
and you can submit via 587 to alternative e-mail services of your
choice.

It is not entirely ideal, but it is laughable to construe 25 blocking
as making it impossible (or even hard) to send e-mail, given that it
most certainly isn't.

  There's lots of interesting stuff to think about.  Net neutrality
  isn't going to mean that we kill BCP38 and port 25 filtering.  It
  is about service providers arbitrarily interfering with the service
  that they're providing.  Customers should be given, to the maximum
  extent reasonably possible, Internet connectivity suitable 

Re: DMCA takedowns of networks

2009-10-24 Thread Joe Greco
 On Oct 24, 2009, at 2:28 PM, Joe Greco wrote:
  Laws frequently have multiple options for compliance.  Doesn't mean
  you don't have to follow the law.
 
  A DMCA takedown notice isn't law, Patrick, and does not have the  
  force
  of law claimed above.
 
 You say potato, I say whatever.  In the field of law, the word force  
 has two main meanings: unlawful violence and lawful compulsion.  They  
 are lawfully compelling you to take down the content, or explain why  
 you should not. 

I think you need to read the DMCA.  You may feel free to point out
where it says service provider must do X.  Because I suspect you
will find out that it _really_ says, in order to retain safe harbor
protection, service provider must do X.

The latter is not lawfully compelling me to do anything.

 This is no different from many legal notices.  If  
 you ignore the notice, you risk legal ramifications, including the  
 loss of Safe Harbor defense.
 
 This pice of paper has the force of the US gov't behind it.  What  
 would you call the force of law?
 
 Feel free to believe otherwise.  IANAL (or even an ISP :), so maybe  
 I'm wrong.  But I'm not going to think poorly of any provider who  
 thinks otherwise.

I believe what the lawyers tell me.  They tell me that we may lose 
safe harbor if we do not comply with a takedown notice.  That's about 
all.

  This seems like a very obvious case of parody/fair use,
 
  Possibly, but I do not blame a provider to not being willing to make
  that distinction.
 
  Yes, but it's troubling that a nontrivial provider of transit would  
  make
  such a mistake.  This is like Cogent, who, at one point, received a  
  DMCA
  (or possibly just abuse complaint) about content being posted  
  through a
  server of a client's, and who proceeded to try to null-route that  
  Usenet
  news server's address.
 
 [snip - bunch of stuff about Cogent]
 
 It is almost certainly not like anything.
 
 I'm guessing that you have no clue what actually happened.  People are  
 making assumptions from third-party accounts using 5th hand info.   
 Generalization is bad, generalization on such flimsy info is silly.
 
 Maybe they typo'ed a filter list.  Maybe some newbie over-reacted.   
 Maybe the customer did not pay their bill.  WE HAVE NO IDEA WHY THIS  
 HAPPENED.

Of course not.  But there are at least some of us who have been through
all of this; we can fill in the blanks and make some reasonable 
conclusions.

  To be clear: I agree that a provider might not want to make a
  distinction between a legitimate DMCA takedown and something that's
  not, but it is reasonable to limit oneself to the things required by
  the DMCA.  Null-routing a virtual web server's IP and interfering
  with the operation of other services is probably overreaching, at
  least as a first step.
 
 I have stated over  over that it is not right for HE to take down non- 
 infringing sites - _if_ that is what happened.
 
 So why are we having this discussion?
 
Because it appears that HE took down non-infringing sites?

Excuse me for stating the obvious.  :-)
 
... JG
-- 
Joe Greco - sol.net Network Services - Milwaukee, WI - http://www.sol.net
We call it the 'one bite at the apple' rule. Give me one chance [and] then I
won't contact you again. - Direct Marketing Ass'n position on e-mail spam(CNN)
With 24 million small businesses in the US alone, that's way too many apples.



Re: DMCA takedowns of networks

2009-10-24 Thread Joly MacFie
I've excerpted, and posted anonymously, a few quotes from this thread
on the ISOC-NY website.

I hope that this is acceptable - if not, let me know off list.

http://www.isoc-ny.org/?p=996



-- 
---
Joly MacFie  917 442 8665 Skype:punkcast
WWWhatsup NYC - http://wwwhatsup.com
http://pinstand.com - http://punkcast.com
---



RE: ISP port blocking practice

2009-10-24 Thread Keith Medcalf

 Free speech doesn't include the freedom to shout fire in a crowded theatre.

It most certainly does!  There is absolutely nothing to prevent one from 
shouting FIRE in a crowded theatre.  In fact, any attempt to legislate a 
prohibition against such behaviour would, in all civilized countries and legal 
systems, constitute unlawful prior restraint.

You are confusing (as are all the myriad idiots who keep repeating this 
fictitious statement) prior restraint with positive law.

Nothing prevents you from shouting FIRE in a crowded theatre (or anywhere 
else for that matter).  However the proof of the FACT that you shouted FIRE, 
and the proof of the FACT that this caused panic and injury, and proof of the 
FACT that the act of shouting FIRE caused pandemonium and injury will lead to 
a conviction for the offense of RECKLESS ENDANGERMENT or other offences against 
positive law.

It is not the shouting of FIRE in a crowded theatre that is unlawful, it is 
the reckless act and the reckless disregard for the consequences of that act 
which is criminal.  In fact, if one were to shout FIRE in a crowded theatre 
and everyone simply ignored it, no offense would have been committed at all!

Please keep your facts straight and do not abridge and summarize to the point 
of absolute absurdity!

 Neither does it include the freedom to carry out a DDOS on the fire brigade 
 control room.

This, of course, falls in the same category.  You are totally free to DDoS the 
fire brigade control room.  It is not illegal nor can such action be prohibited 
by positive law.  It is however entirely possible that the consequence of such 
behaviour is perilous to property, life and limb; and that as a consequence the 
act itself becomes reckless endangerment ONLY AFTER IT HAS BEEN COMMITTED.  
There is not, and cannot be, any lawful prior restraint in this case either.

 You aren't allowed to levy a toll on the roads and except your mates - roads 
 are neutral.

Of course you can, and governments do it all the time.

 But that doesn't invalidate the speed limit or the obligation to drive on the 
 left.

Once again, you are confusing prior restraint with the consequence of doing an 
action.  The Act itself cannot be prohibited.  Their may be consequences 
assigned to having proven that an act was done, but the doing of the act is not 
and cannot be prohibited.

Of course, both the United States and the UK have become Fascist states, and as 
such it is reasonable to expect that they will behave like Fascists.

--
()  ascii ribbon campaign against html e-mail
/\  www.asciiribbon.org






Re: Advice about Qwest, Cogent, and Equinix facilities

2009-10-24 Thread William Herrin
On Mon, Oct 19, 2009 at 10:32 AM, Jeffrey Negro jne...@billtrust.com wrote:
 My company is planning on implementing a new strategy for our web
 application deployment. [...] I would welcome any advice or
 experiences other nanog members may have with regards to these
 providers, as well as any suggestions about other providers that may fit
 the bill.

Two words: carrier neutral.

With a carrier neutral facility like Equinix you'll have a greater
wealth of data services available to you from a wide range of carriers
at on-net prices. And alternatives available when one of those
services doesn't pan out quite what the salesman claimed.

With a particular carrier's facility such as Verizon, Qwest, Level3 or
Cogent, you're more limited. Other carriers occasionally vend some
services there but the variety is generally very limited and they tend
to be much more expensive than the incumbent.

And God help you when you want to leave... The DNC moved out of the
Verizon Business data center in Ashburn VA in 2006 and tried to buy a
Verizon Business line at another data center in order to keep the IP
addresses. Verizon Business refused to move the IP address blocks to a
VB line outside of the data center. With a carrier neutral facility,
the carriers have no vested interest in keeping you in that particular
data center.

Regards,
Bill Herrin




-- 
William D. Herrin  her...@dirtside.com  b...@herrin.us
3005 Crane Dr. .. Web: http://bill.herrin.us/
Falls Church, VA 22042-3004



Re: ISP port blocking practice

2009-10-24 Thread Clue Store



 Blocking port 25 is not, IMHO, a violation of Network Neutrality.  I
 explained why in a very long, probably boring, post.  Your definition of
 Network neutrality may differ.  Which is fine, but doesn't make mine wrong.



 --
 TTFN,
 patrick


 I agree with this. I would think that from an administrator/engineers
perspective, it's more of being proactive to help protect the network, the
end-user and help keep SLA's (keep from getting listed on RBL because of a
non-patched or virused pc, not wasting network resources due to SPAM, trying
to keep your own house clean, etc) more than it is an attack on Net
Neutrality.

But on the other hand, the end-user, customer, or whoever is having a port
blocked, might wonder about the services they are buying and if it's time to
jump ship to another provider if they aren't willing to work with the
customer.

I think that most providers are willing to work with the customer if ports
such as SMTP need to be unblocked for whatever reason. If they aren't, then
i would suggest finding another provider.

Clue


Re: Advice about Qwest, Cogent, and Equinix facilities

2009-10-24 Thread Dave Temkin
Completely agreed; in many situations even if one of those carrier 
locked data centers allow another carrier in, they may severely limit 
the portfolio of services that are allowed to be offered by them.


For example, one of the vendors listed below only allows lit 
crossconnects from 3rd party carriers and only from a demarc that they 
specify, generally not within the same data center that you're housed.  
It means that any type of circuit that you drop into there is 
effectively type 2.  It's ugly.


-Dave

William Herrin wrote:

On Mon, Oct 19, 2009 at 10:32 AM, Jeffrey Negro jne...@billtrust.com wrote:
  

My company is planning on implementing a new strategy for our web
application deployment. [...] I would welcome any advice or
experiences other nanog members may have with regards to these
providers, as well as any suggestions about other providers that may fit
the bill.



Two words: carrier neutral.

With a carrier neutral facility like Equinix you'll have a greater
wealth of data services available to you from a wide range of carriers
at on-net prices. And alternatives available when one of those
services doesn't pan out quite what the salesman claimed.

With a particular carrier's facility such as Verizon, Qwest, Level3 or
Cogent, you're more limited. Other carriers occasionally vend some
services there but the variety is generally very limited and they tend
to be much more expensive than the incumbent.

And God help you when you want to leave... The DNC moved out of the
Verizon Business data center in Ashburn VA in 2006 and tried to buy a
Verizon Business line at another data center in order to keep the IP
addresses. Verizon Business refused to move the IP address blocks to a
VB line outside of the data center. With a carrier neutral facility,
the carriers have no vested interest in keeping you in that particular
data center.

Regards,
Bill Herrin




  





Nanog Mentioned in TED Video: Jonathan Zittrain

2009-10-24 Thread Israel Lopez-LISTS

Remember when youtube went down?
Mr. Zittrain briefly mentions nanog during his TED talk in July 2009.

http://www.ted.com/talks/jonathan_zittrain_the_web_is_a_random_act_of_kindness.html

Enjoy.




Re: Nanog Mentioned in TED Video: Jonathan Zittrain

2009-10-24 Thread Patrick W. Gilmore

On Oct 24, 2009, at 9:55 PM, Israel Lopez-LISTS wrote:


Remember when youtube went down?
Mr. Zittrain briefly mentions nanog during his TED talk in July 2009.

http://www.ted.com/talks/jonathan_zittrain_the_web_is_a_random_act_of_kindness.html


Been discussed.

He's obviously wrong about some things.  No one does anything without  
getting paid.  But he is kinda right in some ways too.


--
TTFN,
patrick