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The RIPE NCC, in its role as a Regional Internet Registry (RIR), has a mandate to administer information relating to Internet number resources on behalf of the Internet community. In order to To carry out this function, the RIPE NCC maintains both publicly available and confidential information about its members. Law Enforcement Authorities (LEAs)
For the purposes of this document, the term “Law Enforcement Authorities” or “LEAs” are regulatory, investigative, supervisory or governmental authorities, such as the Dutch Public Prosecution Department (Openbaar Ministerie, OM), the Dutch Police (Politie), the Dutch Fiscal Intelligence and Investigation Service (Fiscale inlichtingen- en opsporingsdienst, FIOD), the European Commission (Directorate-General Competition), the Netherlands Authority for Consumers & Markets (Autoriteit Consument & Markt) and the Dutch Data Protection Authority (Autoriteit Persoonsgegevens).
Additionally, part of the RIPE NCC's role is to guarantee that no other party aside from the resource holder can modify, delete or add registration information. Therefore, the RIPE NCC will deny any LEA's request to modify, delete or add registration information, or to restrict a resource holder's ability to do so, without a court order or other legally enforceable order or request under Dutch law.
When the RIPE NCC receives any such order or request, the RIPE NCC will examine it on its own merits and will inform those members it relates to, unless the order or request expressly forbids this from happening.
This document outlines the procedure the RIPE NCC will follow with regards to:
- Requests for information about individual members by LEAs
- Requests or orders by LEAs for specific action to be taken by the RIPE NCC
- Seizure of the RIPE NCC's
Seizure/attachment of the RIPE NCC’sequipment or property as part of an LEA'sLEA’sinvestigation
1. Requests for Information
The RIPE NCC distinguishes between the following two types of information:
- RIPE NCC member information that is publicly available
- RIPE NCC member information that is not publicly available, including members' personal and organisational information and any other non-public information
1.1. RIPE NCC Member Information that is Publicly Available
RIPE NCC member information that is public can always be accessed by third parties, including LEAs. Such publicly available information may be any information that is accessible through the RIPE NCC website, including information or records that are public on the RIPE Database at the time of the request.
Upon request, an LEA will be directed to this information. In cases where the provision of this information to LEAs is critical for the understanding of the public registry and RIPE NCC operations in general, this information will be given directly by the RIPE NCC to the requesting party.
1.2. RIPE NCC Member Information that is not Publicly Available
The RIPE NCC does not provide member information that is not publicly available to LEAs on a voluntary basis.
Non-publicly available member information will only be provided to LEAs, an LEA, if a Dutch court order or other legally binding and enforceable order is presented by
a Dutch LEA.
There are other Dutch authorities with the supervisory and investigative powers to request information from the RIPE NCC (such as the Dutch Data Protection Authority, the Netherlands Competition Authority, the Independent Post and Telecommunications Authority, the Public Prosecution Department, the Police, the Fiscal Intelligence and Investigation Service).
LEAs and other organisationsThe RIPE NCC will evaluate each order on its own merits. If an order is considered illegal or of a non-obligatory nature, the RIPE NCC will not comply with it and will challenge it either before the authority LEA giving the order or before a civil or criminal court, depending on the specific circumstances.
A request may be served by email, fax, in person or by registered mail to the RIPE NCC's NCC’s legal address:
RIPE NCC
Stationsplein 11
1012 AB Amsterdam
The Netherlands
Email: ncc@ripe.net
Fax: +31 20 535 4445
It is the RIPE NCC's policy to notify members of requests (or other orders) for their data unless it is prohibited from doing so by statute or court order.
2. Requests or Orders for a Specific Action
The RIPE NCC may be asked by LEAs to perform a specific action, for example a modification in the registration of specific Internet number resources. The RIPE NCC will not voluntarily comply with such requests.
The RIPE NCC will only comply with such requests if a Dutch
Court order is served by a Dutch LEA, as well as a binding order from law-enforcement or regulatory authorities that are operating as required under Dutch criminal and administrative law (such as the Public Prosecution Department, the Police, the Fiscal Intelligence and Investigation Service).Both law enforcement and other national authorities court order or other legally binding and enforceable order is presented by the requesting LEA.LEAs
Each order will be evaluated on its own merits. If an order is considered illegal or of a non-obligatory nature, the RIPE NCC will not comply with it and will challenge it either before the authority LEA giving the order or before a civil or criminal court, depending on the specific circumstances.
An order may be served by email, fax, in person or by registered mail to the RIPE NCC's NCC’s legal address (as above).
It is the RIPE NCC's policy to notify members of orders related to their data, unless it is prohibited from doing so by statute or court order.
3. Seizure Seizure/Attachment of RIPE NCC Equipment or Property as Part of an Investigation
LEAs may order the seizure seizure/attachment of equipment or property belonging to the RIPE NCC as part of an investigation.
In such cases, the RIPE NCC will examine the legitimacy of the investigation seizure/attachment order and the authorisation of the persons conducting the investigation or seizure seizure/attachment (examining judge, public prosecutor or investigation officers).
The RIPE NCC will strive to ensure that the seizure seizure/attachment is conducted in a manner that is the least detrimental to its operations and those of its members.
The RIPE NCC will may immediately lodge a complaint with the court and will seek to secure an agreement from the authority ordering the seizure LEA ordering the seizure/attachment that it will await the outcome of the complaint before carrying out the seizure. seizure/attachment.
The RIPE NCC may also seek a court order to lift the seizure/attachment if it was wrongfully levied.