[arin-ppml] Fraud reporting and self-incrimination
mloftis at wgops.com
Fri Nov 5 17:08:19 EDT 2010
On Fri, Nov 5, 2010 at 2:30 PM, Ted Mittelstaedt <tedm at ipinc.net> wrote:
> It occurs to me that if a network manager at an org that fraudulently
> obtained IP addressing from ARIN were to be, lets say, fired, and if
> in revenge he were to contact ARIN and be willing to provide testimony
> under deposition that he knowingly fraudulently obtained said resources,
> that any decent attorney would tell him before he opened his mouth
> to ARIN that he secure a guarantee from ARIN that he would NOT be
> prosecuted for breaking the law. (ie: a whistle-blower clause) Said
> attorney might also advise that the org might obtain his name through
> legal discovery and proceed to file a civil lawsuit for NDA or trade
> secret violations, would they not?
IANAL but *my* understanding is that whistle-blower laws are
specifically there to protect in cases such as this. NDAs/etc should
NOT be usable against (atleast americans) someone reporting a crime.
ARIN need not offer any extra protection/liability if there is indeed
a crime. It doesn't mean that a company can't *try* a case against a
whistle-blower unfortunately. However, IANAL, but it seems that this
is contract or civil law, not criminal law (IE breach of contract) so
the whistle-blower laws may not apply at all.
> If such a guarantee does not currently exist, it would seem to be to
> be a very large deterrent to such ex-employees blowing the whistle.
> Perhaps ARIN might find their fraud reporting greatly enhanced if they
> were to publish that they offer whistle blower protection?
> I don't see that ARIN can really do much with anonymous reporting of
> fraud cases. If ARIN gets an anonymous report from an ex-employee of
> fraud, and they pull resources from an org, and that org sues ARIN for
> breech of contract, then what evidence does ARIN have? An anonymous report
> is not going to be usable to ARIN to defend itself in a court.
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