[arin-ppml] prop266 - re-framing the discussion

[Carlos Friaças]

On Fri, 3 May 2019, Ricardo Patara wrote:

> Hi

Hi,


>>>
>>> And assume the legal liability for it ?
>>
>> Sure. As long as it doesn't break any contract. Do you think hijackers
>> will sue ARIN by breaking their business model???
>
> you are only looking at one side. the acussed "hijacked" could be not a
> bad guy, and might sue ARIN due to an error.

It would be more sensible to simply dispute the accusation, and show they 
haven't done any hijack, in an intentional and continued way.


> bad guys would do nothing and move forward to exploit other breaches.
>
> unless we "the community" promote better and good pratices, thoses
> "breaches" will not be closed and no policy would solve the problems

A policy in place does not invalidate what you wrote. It's just another 
piece of the puzzle in the same direction.



>>> If ARIN determines that a member has done something "bad", the
>>> hijacked sues the "bad" member on the grounds that ARIN has determined
>>> that they were "bad", and member sues ARIN because ARIN dared to label
>>> them "bad".
>>
>> Actually, i think the proposal doesn't propose ARIN will have to
>> determine anything. It should just rely on independent, multiple, expert
>> knowledge.
>
> those experts would not answer for any mistaken report.
> according the policy is ARIN the one to publish the result of such
> investigation and would be up to ARIN to act on it.
>
> so, any legal responsibility would be on ARIN.

To follow established rules.


> just to add.
> those so called "experts" would be doing their investigation on data
> collected for other objectives not the one proposed in the policy.

However, that's "public available knowledge".


> there was never any guarantees on those views/archives of collected routes.
>
> more legal risks, I see...

To those making the routing data public, or for ARIN?


Regards,
Carlos



> --
> Ricardo
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