[arin-ppml] [EXT] Re: Open Petition for ARIN-prop-266: BGP Hijacking is an ARIN Policy Violation

[John Curran]

On 2 May 2019, at 12:38 PM, JORDI PALET MARTINEZ via ARIN-PPML <arin-ppml at arin.net<mailto:arin-ppml at arin.net>> wrote:

In any members association, the association is legitimated to act against members that don’t follow the rules.

It is not a matter of “police”, nobody is asking the RIR to be the Internet police as some folks stated in this discussion (here or in other lists). Saying that is basically diverting the discussion to a different place: We can’t do anything, so we ask the governments to legislate over Internet because we aren’t capable of self-regulate.

It is a matter of 1) the rights of members and 2) the obligations of the association with the members.

Even if you don’t have 2) above, members can scale it to LEA/courts. However, not having those rights explicitly worded out, may preclude LEA, courts, etc., to take actions.

Having specific wording will *immediately* allow courts and judicial experts, to confirm that it was against the rules of the association. Done.

Again, it may differ a bit in the laws from country to country (I doubt it will be too much anyway). I’m speaking from what I know, not being a lawyer, but with some experience in dealing with courts and cases.

Jordi -

ARIN Members have rights and responsibilities which are specified by ARIN’s Bylaws and the ARIN Registration Services Agreement (ARIN RSA); none of them presently speak to the matter of routing of IP address blocks.

ARIN administers the ARIN registry - this is done in accordance with ARIN Number Resource Policy Manual (NRPM).   Both ARIN Members and customers have been issued address space in the ARIN registry, and this issuance results in a limited set of rights to specific entries therein.   While ARIN can indeed have policies whose compliance is necessary to maintain those rights, we have historically been quite careful to have policies whose requirements are germane to the actual operation of registry, and rather than any orthogonal purposes.   To the extent that number resource policy creates obligations in areas not directly related to registry administration, it would be very prudent for ARIN to update the ARIN Bylaws and/or RSA to make these additional obligations quite clear those being made subject to same.

Thanks!
/John

John Curran
President and CEO
American Registry for Internet Numbers

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