[arin-ppml] ARIN-prop-180 ISP Private Reassignment - ISP liability

[Chu, Yi [NTK]]

The legal grey line was actually one of the reasons APNIC presented in the adoption of private registration.  So it is relevant.

I am getting opinion from my legal counsel.   I do want to get a sense from the community and from ARIN in the meantime.

yi

From: Aaron Dudek [mailto:adudek16 at gmail.com]
Sent: Wednesday, August 15, 2012 4:52 PM
To: Chu, Yi [NTK]
Cc: McTim; arin-ppml at arin.net
Subject: Re: [arin-ppml] ARIN-prop-180 ISP Private Reassignment - ISP liability

Besides that is a conversation to have with a lawyer, not a discussion list.

On Wednesday, August 15, 2012, Aaron Dudek wrote:
The same thing will happen that currently does. You go to their upstreams

On Wednesday, August 15, 2012, Chu, Yi [NTK] wrote:

So ISP A made a reassignment, and created the org ID on behalf of its customer (company B).  At that time, the business location and POC were correct in the swipped records.  A year later, company B changed its business location, or its POC switched job.  However,  B did not notify ISP A of the change.  Now some third party C has some DDOS traffic coming from the company B.  C is checking on WHOIS and found the contact info for B outdated.  Is this ground for C to make a legal case against ISP A?



yi



From: McTim [mailto:dogwallah at gmail.com]
Sent: Wednesday, August 15, 2012 3:20 PM
To: Chu, Yi [NTK]
Cc: arin-ppml at arin.net
Subject: Re: [arin-ppml] ARIN-prop-180 ISP Private Reassignment - ISP liability



Hi,

On Wed, Aug 15, 2012 at 1:50 PM, Chu, Yi [NTK] <Yi.Chu at sprint.com<mailto:Yi.Chu at sprint.com>> wrote:

Can ARIN staff answer the question whether ISP have legal liability





Perhaps if you could be more specific about what type of liability you mean?



--
Cheers,

McTim
"A name indicates what we seek. An address indicates where it is. A route indicates how we get there."  Jon Postel







for the reassignment they made on their downstream customers' behalf?



yi



From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net] On Behalf Of Chu, Yi [NTK]
Sent: Tuesday, August 14, 2012 4:13 PM
To: Aaron Dudek
Cc: arin-ppml at arin.net
Subject: Re: [arin-ppml] ARIN-prop-180 ISP Private Reassignment



Aaron:

Not necessarily true.  Customer can move their mailing address without telling their upstream ISP.  They can just forget it.  Their accounts receiving department may or may not be the same as their 'authoritative' contact info that ISP put in the whois for them.



Let alone the POC records.  It actually took quite a while for my company to update some folks after they switched jobs. (you know whom I am referring to).  I know that for a fact.  And as for my customers, I do not recall last time anyone told me that their POC changed, but I suspect a lot of them did.



So I am a bit uneasy as the discussion seemed to implicate that I am legally liable in some ways.  I need to find out, and if so, need to get my acts together.  It is a bit off topic, so I apologize.

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