[ppml] Last Call for Comment: Policy Proposal 2003-3

[Owen DeLong]

Again... the kind of subpoena you are talking about is for a CRIMINAL
complaint.  Law enforcement will not generate or act such a SUBPOENA
for a CIVIL action.  Especially if I want to make a small claims action
against your customer.  You are creating an additional burden against me
if I want to sue your customer for their abusive damage to my network.
My only recourse is to sue you as if you were responsible for that damage.
Then, you come to court and say "no, that was my customer" and the judge
dismisses it and I have virtually no recourse.

In essence, you have raised the bar on my ability to use legal recourse
such that in order to make a civil recovery of damages inflicted by your
customer I have to take my case to superior court where I can get a
substantial discovery process.  This significantly raises my costs to
obtain such a recovery and, in essence, shields your customer from smaller
legal actions by making them impractical.  Perhaps that is what you intend,
but, I don't think ARIN policy should facilitate this.

Owen


--On Wednesday, November 19, 2003 16:00 -0600 J Bacher <jb at jbacher.com> 
wrote:

> At 01:44 PM 11/19/2003 -0800, you wrote:
>> That's not true.  Given a name and ZIP code, with a subpoena, it's
>> reasonably easy to track someone down.  With no name or any other
>
> That's my whole point.  I "own" and am responsible for the activity for
> that IP address.  It's a piece of cake to present the subpeona to the
> ISP.  You don't even need a name.  With a subpeona, law enforcement will
> get all valid customer information, anyway.
>



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