[arin-ppml] Correction: Re: Legacy Space authority (fwd)

[Dean Anderson]

For some reason, this didn't go through.

---------- Forwarded message ----------
Date: Fri, 2 May 2008 16:05:47 -0400 (EDT)
From: Dean Anderson <dean at av8.com>
To: Ray Plzak <plzak at arin.net>
Cc: "ppml at arin.net" <ppml at arin.net>
Subject: Correction: Re: [arin-ppml] Legacy Space authority

Below I stated 
  "SORBS.ORG was hosted by unelected ARIN Board Member Paul Vixie."

This may be confusing. Paul Vixie's (and other Board Members)  election
is disputed due to lack of quorum (Vixie got only about 2% of the vote
in an election that did not have the required 10% of the membership
present and votable as required by law and bylaw).  I apologize for any
confusion.

On Fri, 2 May 2008, Dean Anderson wrote:

> On Fri, 2 May 2008, Ray Plzak wrote:
> 
> > Before the RIRs it was the Internet Registry (IR) which was known as
> > the DDN NIC (until 1993) and then the InterNIC (1993-1997) that
> > allocated/assigned IP address space to ISPs and end users. All of the
> > organizations that operated a version of the Internet Registry were
> > doing so under a US government contract. ICANN arrived on the scene
> > after the Internet Registry was supplanted by the RIRs and is not in
> > this chain of succession.
> 
> This statement about ICANN isn't entirely accurate. While it is true
> that ICANN was created after the RIRs, ICANN operates IANA, the
> government function that assigns IP address space.  IANA precedes the
> RIRs and is the successor to DDN NIC and ARPA registry function.  ICANN
> operates the US Government IANA function as a government contractor,
> just like SRI previously operated nic.ddn.mil (the DDN NIC).
> 
> Legacy's got their space from the government. So did the RIRs. Those 
> blocks are intangible property, just exactly like domain names. 
> 
> ARIN provides two functions: 1) It operates a portion of the government
> infrastructure function (whois and IN-ADDR) and holds the paper records
> which belong to the government.  2) ARIN has another function: the
> delegation of IP address space. In that function, it is sort of like the
> "ISP of last resort". The space delegated by the second function is the
> intangible property of ARIN, and those who recieve this delegated space
> don't get any property rights in that space.
> 
> For Legacy's, ARIN is merely the registrar of deeds.  Like the registrar
> of deeds that holds the records to the title of your house. Indeed, ARIN
> holds the paper records for legacys.  When a legacy transfers its space,
> ARIN updates the records. ARIN does not own the legacy space. The Legacy
> RSA is an agreement that transfers ownership of legacy space to ARIN.
> 
> The legacy dispute is almost entirely on the issue of intangible
> property rights.  Some people assert (without proof) that ARIN can
> capriciously withhold its government obligations of operating whois
> service and IN-ADDR service to legacy's in order to coerce them into
> transfering their property to ARIN. However, since ARIN has no right to
> withhold these government services; the legal issue of the threat should
> be investigated.
> 
> 
> Attorney Richter is correct that ARIN has no authority over Legacy
> space. Whether the space is hijacked or not is unproven. Guilmette's
> article offers no proof of any allegation, but only innuendo. However,
> the hijacking of legacy space is a legitmate legal issue; If Richter has
> actually made false statements about the purchase of SF Packet Radio, he
> could be (and I think should be) disbarred. There are so far no evidence
> that the statements by Attorney Richter are false.  One must consider
> the source of these claims of hijacking.
> 
> Guilmette was previously the operator of the monkeys.org blacklist,
> which you may remember suddenly shutdown without announcement and
> blacklisted the entire internet, seriously disrupting the email of his
> customers who placed their trust in his good judgement and honesty.
> 
> Also, you may find this demand letter from Verio interesting
> (http://www.monkeys.com/anti-spam/filtering/verio-demand.ps , and
> related to the veracity of these claims. In the letter, Verio demands
> that Guilmette remove an IP Address that Guilmette previously
> blacklisted. The demand arose after Guilmette apparently continued to
> refuse to remove the block well after Verio reported that the
> formmail.pl problem was fixed. A copy of the letter may be found at
> http://www.av8.net/verio-demand.ps, and a pdf conversion is at
> http://www.av8.net/verio-demand.pdf
> 
> Guilmette associates with Alan Brown, Mathew Sullivan, and John Levine
> through the spam-l list. Brown is formerly the operator of ORBS.ORG,
> shut for defamation after making false claims about open relays to
> profit Brown's ISP, which was also lost in payment of damages). Matthew
> Sullivan is the ostensible operator SORBS.ORG with Paul Vixie and Dave
> Rand. SORBS.ORG was hosted by unelected ARIN Board Member Paul Vixie.  
> Vixie denied hosting SORBS and transferred the service to his MAPS.ORG
> co-founder Dave Rand, but forgot to remove the in-addr.arpa entries.  
> While denying involvement with SORBS, Vixie has curiously been willing
> to discuss the SORBS business model on ARIN-DISCUSS.  ARIN-DISCUSS is
> the mailing list restricted to ARIN members for ARIN business, and it
> seems to be at least a conflict of interest for Board Members to promote
> their own business using ARIN resources.  Levine is a business partner 
> of Paul Vixie in a commercial bulk email operation called Whitehat.
> 
> Full disclosure: SORBS.ORG also falsely and malicously claims that
> 198.3.136/21 and 130.105/16 are hijacked.  Dean Anderson is the proper
> contact for both blocks, and has been for many years. These blocks are
> not hijacked and there is no reason to think they are or ever have been.
> 
> I might also add that my participation in PPML and membership in ARIN
> was unlawfully interrupted in Feburary on the basis of false and
> fictional claims of per se defamation. ARIN staff or board members
> altered my statements to change their meaning, then falsely attributed
> the altered statement to me, and then falsely and fraudulently accused
> me of per se defamation, with the goal of having people rely on their
> false statements.  One might assume that the CEO of ARIN (Ray Plzak) is
> either directly or ultimately responsible for the misconduct.
> 
> 		--Dean
> 
> 
> 

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