[arin-ppml] ARIN releases new version of the Legacy Registration
Howard, W. Lee
Lee.Howard at stanleyassociates.com
Tue Sep 9 10:50:13 EDT 2008
> > 3. 4(d)(ii) Legacy holder "violate(s) any applicable laws,
> statutes or
> > regulations, as established by a definitive ruling of a court or
> > government agency;"
> This is the only clause that I have any problems with, at
> least so far.
> Maybe the word "applicable" covers this, though IANAL, so I worry!
Would you check with a lawyer, or discuss your concerns with
ARIN's General Counsel? IANAL either, so I'm reluctant to
interpret this section too closely.
I will make the point that ARIN has to comply with laws,
government regulations, and court orders.
> Third is I don't think ARIN should become an instrument of
> state suppression of freedom of speach, press, or association.
While I am suspicious of government persecution, I also think
it would be inappropriate for ARIN staff or Board to decide to
ignore a court order or break a law to defend a principle.
We're not competent to evaluate, on behalf of the members and
community, whether a principle should supersede the law (at
least, we're not more competent than the judicial system; let's
not be in contempt of the courts). ARIN is not the right
organization to resist a government gone amok--that's waaay
outside our mission.
> Perhaps "applicable" covers all these areas, or maybe there
> implicitly has to be a court order, with due process, all
> possibility of appeals exhausted, etc.
"definitive" and "applicable" are useful adjectives.
> > 4. 4(d)(iii) Legacy holder "assist(s) any third party in
> engaging in
> > any activity prohibited by this Legacy Agreement."
> Assuming all protections that apply to the previous section
> also apply here, this would be okay. Otherwise it is the
> possibility of an end-run around 4(d)(ii).
The trick is to prevent the end run around 4(d)(ii) (or other
naughtiness) by having a third party do your dirty work.
More information about the ARIN-PPML