[address-policy-wg] Legal counsel on 2008-08 (Initial Certification Policy in the RIPE NCC Service Region)

Hello WG,

I asked the RIPE NCC to get legal counsel on the possibilities of a court ordering the RIPE NCC to revoke or confiscate RPKI certificates. Here is the full answer we received:

==========

The RIPE NCC is an association under Dutch law and therefore subject to the Dutch legislation. RIPE NCC has consulted several external lawyers, and has obtained an analysis of the legal situation based on current, existing Dutch legislation. This analysis takes into account Dutch Criminal, Civil and Administrative law.

Certificates are directly linked to the registration of the Internet number resources.

There is no specific Dutch legislation that can be used to order the deregistration of Internet number resources or change the registration details of Internet number resources. Nor is there any legislation that applies to the revocation of certificates over Internet number resources.

In the absence of such legislation, a court cannot order the revocation of certificates.

It is the RIPE NCC’s view, based on this analysis, that the RIPE NCC cannot be ordered to revoke resource certificates.

==========

Of course laws can change, but the advice above may address some of the concerns raised about the RPKI infrastructure.

Sander Steffann
APWG co-chair