[arin-ppml] Legacy RSA (was: Whois Integrity Policy Proposal)

[Howard, W. Lee]

> -----Original Message-----
> From: Craig Finseth [mailto:craig.finseth at state.mn.us] 
> Sent: Thursday, August 21, 2008 11:51 AM
> To: Howard, W. Lee
> Cc: heather.skanks at gmail.com; arin-ppml at arin.net
> Subject: Re: [arin-ppml] Legacy RSA (was: Whois Integrity 
> Policy Proposal)
> 
> 	...
>    Not an issue.  ARIN can't prevent you from breaking the 
> law with those
>    addresses (i.e., we don't control your content), but it 
> would be bad for
>    ARIN to continue providing service to an entity knowing 
> they had used
>    that service to break the law.
> 	...
> 
> Does ARIN really want to be in the business of investigating crimes?

Absolutely not, and I don't advocate that.  

The scenario provided was, 4.d.ii, "(ii) be found to have violated any 
applicable laws, statutes or regulations by a ruling of a court or 
government regulatory agency."

This is further clarified in the same paragraph: "A definitive finding
of a violation of law or regulation when established by a decision of a
national, state, or other government authority regarding (i) through
(iii) herein should similarly be sent to ARIN's General Counsel for
ARIN's review and action."

> Of course, if a customer says "I am breaking the law," I have 
> no problem with ARIN terminating service.  But, I don't see 
> that ARIN can or should be in the business of attempting to 
> deterine guilt or innocence.  Absent a court order, I don't 
> think ARIN should be taking any positive action.

Does the text of the LRSA satisfy your concern?

The question was, "What's the worst ARIN could do?"  

In the circumstance quoted above, the worst a hypothetical "evil 
ARIN" could do would be to terminate the contract for cause, which 
has the effects described in 14.e, "Effect of Termination," 
basically revocation.  At least, I think that's the worst ARIN 
could do; there may be other things ARIN could do, and your
definition of "worst" may vary.  IANAL,YMMV,HAND.

I think Bill Herrin was trying to come up with a White Hat lawbreaker
scenario.  I think that the stuff I quoted above ("ruling of a court 
or government regulatory agency") limits ARIN's potential vigilanteism.
  

If you (anyone reading this) are a legacy resource holder, and have
not signed the LRSA because of concerns that some action on your part 
might inadvertently trigger termination based on this section, 
please consult your attorney, and the Registration Services Help Desk 
or ARIN's General Counsel.  Contact information is in:
http://www.arin.net/registration/legacy/index.html#faq
where it says:
Anyone needing information about legacy space in general or the Legacy
RSA can call the Registration Services Help Desk at +1.703.227. 0660 or
send email to hostmaster at arin.net. If you have legal questions, please
contact ARIN General Counsel, Steve Ryan, at sryan at mwe.com 


Lee

> 
> Craig
> 
>