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

[Stephen Sprunk]

On 29-May-11 06:15, John Curran wrote:
> On May 29, 2011, at 1:26 AM, Owen DeLong wrote:
>>> 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.
>> Yes, this is a very bad change, IMHO.
>>
>> I don't believe that the word materially is a problem and Steve Ryan didn't have a problem with it in the original section 12.
> Agreed.  There is no problem with having the word "materially" in the policy, and maintaining it in the section provides clearer guidance to ARIN staff and hence is much preferred.

Counsel's assessment of the original version of 2011-7 said this:

"For example, the first line of the policy at 12.4 uses “materiality” as
a standard.  I strongly recommend against such a standard, as anyone who
is treated adversely will argue their “noncompliance” is “not material.”
 If lack of compliance is the issue, it must be “black or white” as a
review matter to protect against such drafting problems."

That leads me to think there is indeed a problem with the word
"materially", which I assume is what led to the word being struck from
the latest revision of 2011-7.

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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