[ppml] More on Kremen/Cohen

Thus spake "Ted Mittelstaedt" <tedm at ipinc.net>
>>From: ppml-bounces at arin.net [mailto:ppml-bounces at arin.net]On Behalf Of 
>>Stephen Sprunk
>>This has nothing to do with ARIN's public policy process.
>
>  I disagree with this statement.
>
> We all dodged the bullet on this one - if the case hadn't been
> dismissed on a technicality, it might have severly impacted ARIN's
> public policy pocess.

We don't know what the final resolution would have been if it hadn't for 
that technicality.  That was the simplest way to deal with the unlawful 
order; I'm sure that ARIN's counsel had plenty of other arguments that could 
have been used successfully if that failed, but there was no need to use 
them.

> It is almost a certainty that if further policy is adopted by
> ARIN that turns out to have negative impacts, that it will trigger
> more court cases.  This case really should serve as a warning to
> everyone.

We have been told to make policy that is best for the community without 
regard to any theoretical legal consequences.  ARIN has counsel for that, 
and they will advise us if we're entering unsafe territory.  If court 
actions affect existing policy, the BoT is empowered to act on an emergency 
basis.

Counsel has not told us that we need to care about the Kremen/Cohen matter 
when making policy, so it's off-topic here until then, as are Dean's various 
allegations against Mr. Vixie and other folks (many not even involved in the 
ARIN process at all).

S

Stephen Sprunk      "Those people who think they know everything
CCIE #3723         are a great annoyance to those of us who do."
K5SSS                                             --Isaac Asimov