[arin-ppml] Fraud reporting and self-incrimination

[Stephen Sprunk]

On 05 Nov 2010 15:30, Ted Mittelstaedt 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?

My understanding is that only the relevant District or US Attorney can
offer immunity against criminal prosecution.  ARIN could promise not to
press charges (has it _ever_ done so?), but they cannot stop a
prosecutor who chooses to prosecute said fraud cases of their own volition.

In theory, ARIN could indemnify a whistle-blower against a civil suit by
the blowee, but that'd expose ARIN to all sorts of legal liability that
it is not currently exposed to today, which means higher fees for
everyone.  I couldn't support that.

S

-- 
Stephen Sprunk         "God does not play dice."  --Albert Einstein
CCIE #3723         "God is an inveterate gambler, and He throws the
K5SSS        dice at every possible opportunity." --Stephen Hawking


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