[arin-ppml] Discussion on elimination of SWIP requirements.

[John Curran]

On 5 Jun 2017, at 10:03 PM, Ronald F. Guilmette <rfg at tristatelogic.com<mailto:rfg at tristatelogic.com>> wrote:
In message <AF44A731-56F2-4B28-B6E2-6D52E7F28FFF at arin.net<mailto:AF44A731-56F2-4B28-B6E2-6D52E7F28FFF at arin.net>>,
John Curran <jcurran at arin.net<mailto:jcurran at arin.net>> wrote:
...
Also, it is worth noting that nothing prevents you from hosting such a
forum

I think that doing so, as an individual, wouldn't carry even nearly the
same weight as if it were reachable directly via the ARIN web site.

Ronald-

Therein lies the rub - note that I did not reply to your earlier assertion that:
“ARIN would have blanket and absolute protection from legal liability for anything
that anyone outside of ARIN might post to any such hypothetical blog, under the
unambiguous and courtroom-tested provisions of 47 USC 230(c)(1).”, as I try to
avoid unnecessary legal debates on the public policy mailing list…

However, your assertion is incorrect, due to the very reason you state above –
ARIN would be directly hosting and facilitating peoples access to the site and
thus would find it difficult to assert lack of awareness of the consequences of
its use.  As a trade association, ARIN must take particular care in what activities
it facilities, and furthermore it is important to realize that some aspects of CDA 230
liability protection has been successfully challenged in recent court cases and
thus it should not be considered the immutable and unambiguous shield that you
claim it to be...  (Note that I touched upon these same developments in my
recent February 2017 NANOG 69 presentation on US government matters -
<https://www.nanog.org/meetings/abstract?id=3061>)

If you believe that such a forum would be valuable, you are free to host it and
the network operator community is likely to make use of it to the extent that it
proves beneficial to their activities.

Thanks!
/John

John Curran
President and CEO
ARIN




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