[ppml] More on Kremen/Cohen

[Dean Anderson]

More of a subterfuge than I thought:  I thought the AS had been
reassigned to _someone_else_ to unfairly keep it from Kremen.

Turns out, ARIN apparently transferred the AS11083 to LACnic to avoid
court jurisdiction, and KEEP IT IN COHEN'S HANDS.

Holy perjury and fraudulent transfers, batman.

		--Dean


whois as11083 at whois.arin.net
[Querying whois.arin.net]
[Redirected to whois.lacnic.net]
[Querying whois.lacnic.net]
[whois.lacnic.net]

% Joint Whois - whois.lacnic.net
%  This server accepts single ASN, IPv4 or IPv6 queries
 

% Copyright LACNIC lacnic.net
%  The data below is provided for information purposes
%  and to assist persons in obtaining information about or
%  related to AS and IP numbers registrations
%  By submitting a whois query, you agree to use this data
%  only for lawful purposes.
%  2007-07-31 17:00:13 (BRT -03:00)

aut-num:     AS11083
owner:       Ocean Fund International Ltd.
ownerid:     MX-OFIL-LACNIC
address:     Paseo De Los Heroes, #10105,
address:     Piso7th, Del Rio Tijuana
address:     Del Rio Tijuana, Tijuana, BajaCalifornia, CP 22320
country:     MX
owner-c:     SMC4-ARIN
created:     19980403
changed:     20040217
source:      ARIN-HISTORIC

nic-hdl:     SMC4-ARIN
person:      Stephen Michael Cohen
e-mail:      steve at OMNITEC.COM
address:     Paseo De Los Heroes, #10105,
address:     Piso7th, Del Rio Tijuana, Tijuana
address:     Baja California, 22320
country:     MX
phone:       0115266343480
source:      ARIN-HISTORIC

% whois.lacnic.net accepts only direct match queries.
% Types of queries are: POCs, ownerid, CIDR blocks, IP
% and AS numbers.



On Mon, 9 Jul 2007, Dean Anderson wrote:

> Which is why I am thinking of filing a Motion to Reconsider in the
> Kremen case.  The Kremen result, dismissal on a technicality, was a
> very unjust result.  The case was a 'big deal' on Internet governance
> and public policy that should not be dismissed on a technicality when
> ARIN had unclean hands in the matter.  I talked with Kremen's lawyer
> this morning. He didn't know that ASN 11082 and 11084 still belonged
> to ARIN, or that ARIN had transfered ASN 11083 individually to LACNIC
> while the ASN was under dispute.  These subsequent transfers are
> additional events further harming Kremen that ought to restart the
> clocks for the statutes of limitations.  The untruthful and/or
> misleading statements about the nature of the transfers should also
> restart the clocks.
> 
> There is indeed a settlement with Kremen as John Curran reported,
> which isn't public. Kremen could even be satisfied with the result, as
> Curran seemed to imply. But I am very concerned about the policy
> implications of the decision and the way it was handled.  The public
> interest is not well served by allowing anarchists to prevail with
> unclean hands---Anarchists who refuse to implement court orders, who
> transfer assets under dispute and who then untruthfully report those
> assets aren't under their control all while conducting frivolous
> negotiations asserting for example that ARIN wasn't notified until
> 2003. The principle of Estoppel should prevent ARIN from subsequently
> claiming that the violations began in 2001, contrary to its earlier
> assertions that no notice was received and hence no violations accrued
> until 2003.
> 

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