[arin-ppml] Draft Policy 2011-7 Compliance Requirement

[Stephen Sprunk]

On 28-May-11 01:56, Frank Bulk wrote:
> In regard to ARIN counsel's discussion about "lack of compliance" -- ARIN staff make that determination on new requests each and every day (i.e. the request meets the policies or they don't).  It's not clear to me how reviewing a current resource holder's compliancy requires "black and white", or only to look at a subset of policies.  To be sure, a review does not include the applicant's documentation, but that could be requested if what's readily available is insufficient to verify compliancy.

NRPM 12.4 and the original version of this proposal use the expression
"materially out of compliance".  It is fairly easy to determine if
someone is out of compliance, but how does staff (or a court, if ARIN is
sued) determine whether the non-compliance is material?  That was the
point of 12.4(a), which this proposal would rename to 12.4.1.  The
authors' intent was to leave that to staff's discretion, which is known
to be rather liberal.

To strike the word "materially" from this policy, as the most recent
revision of this proposal does, will radically alter its effect by
forcing ARIN staff to do evil and/or stupid things.  If the current
wording is legally challenging, I would suggest that it is a better
course of action to find a more defensible wording rather than to
abandon the idea of letting smart people do smart things.

> I agree that words "fraud" and "materially" are loaded words and that by itself requires that this proposal be re-written.

Those words are in the current text, so they are not defects in this
proposal per se, and editorial changes should be separate from
deliberate policy changes.

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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