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Legal Aspect of IPv6 and of the IPv4 to IPv6 transition

Legal Aspect of IPv6 and of the IPv4 to IPv6 transition. Ashok.B.RADHAKISSOON Legal Adviser/ Policy&Regulatory Affairs Liaison. Deployment of IPv6. Further Development of the Internet Depletion of IANA’s Central Pool of IPv4 addresses Technical appeal Successful Deployment.

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Legal Aspect of IPv6 and of the IPv4 to IPv6 transition

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  1. Legal Aspect of IPv6 and of the IPv4 to IPv6 transition Ashok.B.RADHAKISSOON Legal Adviser/Policy&Regulatory Affairs Liaison

  2. Deployment of IPv6 • Further Development of the Internet • Depletion of IANA’s Central Pool of IPv4 addresses • Technical appeal • Successful Deployment

  3. Characteristics of IPv6 Addresses (i)-Located in every packet of information transmitted (ii)-Unique identifiers (iii)-Involves privacy and confidence issues.

  4. Acceptance & Deployment of IPv6 • User’s confidence- a must • Technical properties not enough • Concern for privacy in US &EU

  5. Legal Issues (i)- Right to Privacy (ii) Intellectual Property Rights

  6. Legal Foundation of the right to Privacy (i)Articles 7&8-EU Charter on Fundammental Rights (ii)Council of Europe’s 1981 Convention for protection of Individuals –Re Automatic Processing of Data

  7. Legal Foundation of the right to Privacy (iii) Directive 95/46/EC-Processing & Free movement of data (iv)Directive 97/66/EC-Telecoms Sector (v)Directive 22/58/EC-Electronic Sector

  8. Legal Definition of Personal Data Any information relating to an identified or identifiable natural person(data subject); an identifiable person is one who can be identified directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical,physiological,mental,economic, cultural or social identity

  9. The concern with IPv6 address • Different types of addresses • Allocation of the 128-bit address poses a privacy issue • Unique identifier-tracking/identification

  10. Implication regarding privacy (i)-The right to privacy & protection of data - checks and balances (ii)New Protocols need to be privacy compliant (iii)Respect for the anonymity of the user (iv) Privilege to remain “unidentified”

  11. IPv6 and IPR • Two types of contents (a)-Protected by IPR (b) in public domain/unprotected

  12. The Protocol IPSec and IPv6 • Intrinsic and mandatory element of IPv6 for enhancing security of transmission • Developed by IETF • Can identify the sender and receiver of contents(protected or not) • Allows encoding which protects against interception of content by unauthorised parties.

  13. The Transition from IPv4 to IPv6 Similar situation as for • Passage from Black &White to Colour TV • Migration from Analogue to Digital Broadcasting

  14. The Transition • Involves substantial investments( • upgrading networks(Operators) (b)user’s equipment (ii) Capacity Building (iii) Period of “simulcast” (iv) “Switch off” date ???

  15. Transition • Who has authority to decide on “switch off date” • No decision making body like a government • When all networks/user equipment IPv6 compliant? • Is the IPv4 and IPv6 co-existence here to stay?

  16. Legacy Addresses (i)Number resources allocated to legal persons before advent of RIRs (ii)Valuable assets (iii) Not within jurisdiction of RIRs (iv) Potential for development of secondary market

  17. Legal Status of holders of legacy addresses • Ownership v/s Mere detention • What are their rights on these addresses? • The rights of RIRs on these assets? • How to effect transfer w/o being liable?

  18. Legal Pronouncement • Transfer of IP resources to be effected int terms of standing guidelines and “ soft law” developed by RIRs • Application of RFC 2050 • The right to use IP addresses not a property right-non transferable between “holders” • Presumption –No need exists for holding if transfer considered-Relinquish

  19. Thank you

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