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

[David Farmer]

Yes, ARIN can terminate the RSA for illegal conduct, however, generally,
that clause is expecting the findings of a court of competent jurisdiction
to make the determination that illegal activity has occurred. Without such
a finding from a court, ARIN could be found liable for unfair termination.
That clause doesn't mean that ARIN decides who is guilty of such conduct,
which you seem to want ARIN to do.

Thanks.

On Thu, May 23, 2019 at 6:41 PM Marilson Mapa <marilson.mapa at gmail.com>
wrote:

> Ø  If organizations violate their legal agreements with you, then that’s
> a matter for the legal system, not ARIN.
>
> Ø  ARIN is not law enforcement agency, but rather a Regional Internet
> Registry.
>
> REGISTRATION SERVICES AGREEMENT – ARIN-RSA
>
> 13. TERM AND TERMINATION
>
> (b) Suspension of Services or Termination of Agreement for Cause by ARIN.
> ARIN shall have the right to suspend Services without notice to Holder if
> Holder breaches any of Sections 2(c), 2(d), 4 or 7. In addition, ARIN may
> immediately suspend Services upon written notice to Holder pursuant to
> Section 2(e) or if Holder breaches Section 2(d) or Section 11.
>
> Sections 2(d):
>
> (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, statutes, rules, or
> regulations; or (iii) assist any third party in engaging in any activity
> prohibited by any Service Terms.
>
> (e) Cooperation With Government Authority. ARIN shall have the right,
> without liability or notice to Holder, to cooperate and comply with all
> applicable laws, statutes, rules, or regulations.
>
> 5. CURRENT AND FUTURE POLICIES: Pursuant to ARIN’s Policy Development
> Process (“PDP”), ARIN maintains the Policies and may at any time in its
> sole and absolute discretion amend the Policies, implement new policies
> (which once amended or implemented, becomes part of the Policies), or
> revoke existing Policies.
>
> 7. NO PROPERTY RIGHTS: Holder acknowledges and agrees that: (a) the
> Included Number Resources are not property (real, personal, or
> intellectual) of Holder;
>
> It is your rules granted by a contract signed between the parties. Once
> signed they are rights, but they are also duties and obligations legal and
> moral. Regardless of the existence of a contract, as a citizen you have a
> moral obligation to demand ethical behavior from those who use the tools
> you have made available. Run away from your responsibilities and you will
> be complicit.
>
> "Fraud will not be tolerated. The vast majority of organizations obtain
> their address space from ARIN in good faith according to the policies set
> out by the community. However, ARIN detected fraud as a result of internal
> due diligence processes, and took action to respond in this particularly
> egregious case," said John Curran, ARIN President and CEO. "We are stepping
> up our efforts to actively investigate suspected cases of fraud against
> ARIN and will revoke resources and report unlawful activity to law
> enforcement whenever appropriate."
>
> Fraud will not be tolerated when it occurs against the community. But it
> is widely tolerated if it is against the populations. It seems that
> "police" actions are only out of scope when they will reduce community
> profits. To hell with the world!
>
> Marilson
>
> Em qui, 23 de mai de 2019 às 15:43, John Curran <jcurran at arin.net>
> escreveu:
>
>> On 23 May 2019, at 5:46 PM, Marilson Mapa <marilson.mapa at gmail.com>
>> wrote:
>>
>> ... If ISPs and Registrars behaved like stated in their AUPs and ToSs,
>> and the RIRs and ICANN required their customers to act accordingly, they
>> would not be on the crime pages of the newspapers. But they would be far
>> less rich. So... out of the scope!
>>
>>
>> Marilson -
>>
>> If organizations violate their legal agreements with you, then that’s a
>> matter for the legal system, not ARIN.
>>
>> ARIN is not law enforcement agency, but rather a Regional Internet
>> Registry.
>>
>> Mr. Router, will the "768K day" happen? On May 1st, 700 billion spam were
>> trafficked. What is the new goal? A trillion a day? You are experts at
>> pissing people off, are not you? What a sick profession! After an
>> exhausting day irritating people, can you sleep at night? Sociopaths can do
>> it!
>>
>>
>> That's it Mr. John Curran. Feel free to do what you have to do because
>> you no longer have any use for me.
>>
>> To the extent that you can respectfully contribute to the number resource
>> policy discussions on this mailing list, you are more than welcome to do so.
>>
>> I would suggest, however, that you refrain from the acerbic dialogue and
>> instead focus your efforts on making specific suggestions on the draft
>> policies under consideration.
>>
>> Thanks!
>> /John
>>
>> John Curran
>> President and CEO
>> American Registry for Internet Numbers
>>
>>
>>
>>
>>
>> _______________________________________________
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-- 
===============================================
David Farmer               Email:farmer at umn.edu
Networking & Telecommunication Services
Office of Information Technology
University of Minnesota
2218 University Ave SE        Phone: 612-626-0815
Minneapolis, MN 55414-3029   Cell: 612-812-9952
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