[arin-ppml] About needs basis in 8.3 transfers

[Michael Peddemors]

On 14-06-04 07:05 AM, Blake Dunlap wrote:
> I would actually prefer to find a way to resolve the problem of
> entities not caring about their whois being
> accurate^H^H^H^H^H^H^H^H^H^H resources being properly registered to
> them. It's rather pointless to have any rules without them actually
> mattering.

I think this is the most important thing, and the area we have to help 
ARIN get more enforcement teeth.

13. TERM AND TERMINATION

(b) Termination of Suspension of Services for Cause by ARIN, ARIN shall 
have the right to stop Services pursuant to any breach of Section 2(c), 
2(e), 4 or 7.  In addition, ARIN may exercise its judgement to 
immediately stop Services upon written notice to Holder if Holder 
breaches Sections 2(c), 2(d), 7, or 11.  <clipped>

Which references ..

2. CONDITIONS OF SERVICE

(c) Information and Cooperation.  Holder has completed an application 
provided by ARIN for one or more Services (the "Application").  Holder 
MUST (i) promptly notify ARIN if any informatin provided in the 
Application changes during the term of this Agreement, and (ii) 
promptly, accurately, and completely respond to any inquiry Holder by 
ARIN during the term of this Agreement.  In addition, Holder shall 
promptly provide ARIN with complete and accurate information, and 
coppoeration as required by any Service Terms or that ARIN requests in 
connection with ARIN's provision of any of the Services to the Holder. 
If Holder does not provide ARIN with such information or cooperation 
that ARIN requests, ARIN may take such failure into account in 
evaluating Holders' subsequent requests for transfer, allocation or 
assignment of additional resources, or requests for changes to any Service.

(d) Prohibited Conduct by Holder.  In using any of the Services, Holder 
shall not: (i) disrupt or interfere with the security or use of any of 
the Services; (ii) violate any applicable laws, statuses, rules, or 
regulations; or (iii) assist any third party in engaging in any 
activities prohibited by any Service Terms.

(7 and 11 are mostly to protect ARIN itself, so we ignore them for this 
thread)

....

Now it seems that ARIN does 'take such failure into account'... when 
someone reports a report, however the issue is that it does NOT exercise 
13 on contraventions.  It has been pointed out that sometimes it is very 
hard for ARIN to conduct the 'written' notice, when the information is 
incorrect (I am sure a clause could be written that says registered 
letter to the last known address being sufficient) however I believe 
ARIN needs to take a stronger role in exercising section 13 rights when 
inaccurate or no whois information is maintained.

Also, when 'fake' delegations are made and advertised (or in transfers 
as previously mentioned) that should also be addressed by acting on 
Section 13, however it might be harder to prove.

Also, while very controversial, especially given the issues with US 
control being discussed, section 2(d)(ii) and 2(d)(iii) should be 
examined, in terms of does ARIN have the mandate to act on those?

Some hosting companies have a 'turn the blind eye' to the activities of 
on their IP space.  (I had one conference with a company who blatantly 
said, what we don't monitor, we can't get sued for)

And also, the jurisdiction of the 'laws' that are being broken vary from 
region to region, and this isn't directly addressed in the agreements. 
(Can ARIN suspend agreements for laws broken in US, but not the 
jurisdiction of operation?)

More work is needed on clear mandates, both in the wording of 
agreements, as well as directions from the Board as to when/where/how 
hard they should act on section 13.

(Ps, what about IP space being lent to the hackers recently in the news, 
is the company that gave/lent/rent them that space to them culpable? 
Slippery slope.)

Especially with diminishing IP space, ARIN needs to have a clearer 
mandate on getting some IP space back, if the operators don't keep up 
clear rwhois records, or use the space or allow it to be used for 
nefarious reasons.

(And, from a personal perspective.. it seems wrong that over 600k IP(s) 
are being used strictly to push car/life insurance, the latest Dr Oz, 
all from throw away domains, in contravention of most anti-spam laws, 
and even worse, that 'usage' of current IP space can be used as 
justification for receiving more IP space by the hosters that allow that 
activity, and for much of that space, proper rwhois records are not in 
place. End Vent/Rant)






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