[arin-discuss] Status of Investigations]

Jay Hennigan iis-arin at impulse.net
Fri Dec 28 11:45:17 EST 2007


Dean Anderson wrote:

[Bobbitt...]

> Issue VI. Character of Board Members
> 
> Facts have been posted which raise questions about the character of
> Board member Paul Vixie, particularly the issues raised in Exactis v.  
> MAPS, which cited charges of Tortious Interference with Contract,
> Tortious Interference with Prospective Business Relations, violation of
> the Colorado Consumer Protection Act, Intentional and Negligent
> Misrepresentation and Extortion, violation of the Colorado
> Communications Privacy Act, violation of the Colorado Organized Crime
> Control Act, violation of the Sherman Antitrust Act, violation of the
> Colorado Antitrust act. A Temporary Restraining Order (TRO) was
> obtained.  Vixie and MAPS attempts to have the case dismissed failed,
> and MAPS settled. MAPS no longer blocks Exactis.

Facts?  ITYM allegations in a seven-year-old civil suit perhaps?

> Update: More information may be found regarding activities relating to
> the suit Exactis v. MAPS in the "Motion and Memorandum in Support of
> Temporary Restraining Order and Preliminary Injunction" at
> http://www.dotcomeon.com/exactis1.html
> 
> Question: When did Board members first learn of these facts about other 
> Board members?

Well, if those board members were at all actively involved in Internet 
operations way back in 2000, they probably learned of them about seven 
years ago when the Exactis vs. MAPS lawsuit was active.  It was very 
well known at the time by just about anyone who knew how to spell 
"SMTP".  MAPS was generally regarded as the good guy.  Again, your use 
of the term "facts" is IMHO pushing the envelope.

> Question: When did ARIN management first learn of these facts?

Probably within that same time frame.  That water is well under the 
bridge, has evaporated and returned as rain worldwide several times 
over.  Ditto comment re "facts".

> Question: What actions did management take to ensure that the Board 
> member qualification questionaire reflected these facts?

Ditto "facts".  Does the questionnaire ask if any corporation with which
one was affiliated almost a decade ago has ever been sued by anyone
else?  Does it have questions along the lines of, "Were you ever 
disliked by anyone with access to the Internet?" Is this questionnaire 
available online?   I personally don't see the relevance of a 
seven-year-old civil filing, long since settled, primarily directed 
against a corporation that also names the principals regarding one's 
suitability as an ARIN board member.  Have you done any research 
whatsoever into the history of MAPS, that they deliberately took a 
bullet in the early skirmishes of the spam wars?  Are you aware  that 
the document you reference was written by the opposing lawyers, so is 
likely to be somewhat one-sided?  Have you beheaded the URL you cite to 
just http://www.dotcomeon.com/ to determine with what degree of 
seriousness its material should be taken and whether the site owner just 
might have an axe to grind?

Furrfu.

-- 
Jay Hennigan - CCIE #7880 - Network Engineering - jay at impulse.net
Impulse Internet Service  -  http://www.impulse.net/
Your local telephone and internet company - 805 884-6323 - WB6RDV




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