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

Kirubel Tadesse kirubel.m.tadesse at gmail.com
Tue Jun 6 22:26:09 EDT 2017

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> On Jun 6, 2017, at 12:32 PM, John Curran <jcurran at arin.net> wrote:
>> On 5 Jun 2017, at 10:03 PM, Ronald F. Guilmette <rfg at tristatelogic.com> wrote:
>> In message <AF44A731-56F2-4B28-B6E2-6D52E7F28FFF at arin.net>, 
>> John Curran <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
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