[ppml] Policy Proposal 2007-15: Authentication ofLegacyResources

Dave Mohler MOHLER at graceland.edu
Thu Jul 26 13:09:36 EDT 2007


I appreciate Stephen's suggestion about the use of counsel for advice
for the legality of proposed policies.

I also appreciate Steve Bertrand's expression that policies and actions
that can be perceived as "bullying and threats" are unacceptable.

There is a wide range of things that can be done legally with policy.
We have an obligation as participants in this open policy formation
process to help develop a consensus of what is fair and ethical, as well
as what meets the needs of both individuals and the Internet community
as a whole.

My opinion is that this policy proposal puts too much emphasis on
authorizing the "stick" approach before the "carrot" approach has
received any significant attention and effort.

David A. Mohler
Senior Network Specialist
Graceland University

> -----Original Message-----
> From: ppml-bounces at arin.net [mailto:ppml-bounces at arin.net] On Behalf
Of
> Stephen Sprunk
> Sent: Thursday, July 26, 2007 9:27 AM
> To: michael.dillon at bt.com; ppml at arin.net
> Subject: Re: [ppml] Policy Proposal 2007-15: Authentication
> ofLegacyResources
> 
> Thus spake <michael.dillon at bt.com>
> > The disgruntled ARIN member decides to sue ARIN and points
> > out to the courts that ARIN is materially damaging their business
> > and is refusing to allocate address blocks which have never
> > been reviewed and justified with ARIN. I suspect that the courts
> > will side, more or less, with the member who has worked with
> > the rules over many years, and against the legacy holder who
> > has never shown any justification for holding their allocation.
> 
> It's up to counsel to consider the legal exposure that policy (or
> proposals)
> creates and raise those issues with the BoT.  The BoT is obligated to
take
> action to keep ARIN safe.  The rest of us have been told to create
policy
> that makes sense for the community as if there were no legal
ramifications.
> If there are, counsel will tell us, and we (or, worst case, the BoT)
can
> react to that competent advice.  There is little sense in us acting as
> armchair lawyers when ARIN employs counsel to keep us out of trouble.
> 
> 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
> 
> 
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