[arin-ppml] Of interest?

John Curran jcurran at arin.net
Tue May 14 18:57:47 EDT 2019


On 14 May 2019, at 1:55 PM, William Herrin <bill at herrin.us<mailto:bill at herrin.us>> wrote:
...
> https://www.news-journal.com/ap/national/arin-wins-important-legal-case-and-precedent-against-fraud/article_ceb57140-e574-5355-a8b3-c8f8c70a439e.html

This is indeed interesting and good news. One thing about the article confuses me: what precedent was set here? That ARIN can enforce a signed, written contract as normal under the law? Was that ever in doubt?

Bill -

You ask: "Was that ever in doubt?"   Not by me, but from time to time we’ve had folks raise questions about the legal enforceability of the RSA.

The precedent set is that the terms and conditions fo the RSA were effectively enforced by the arbitrator’s decision, including two specific basis for revocation: 1) RSA’s entered fraudulently may be considered as void (and resources revoked), and 2) in the alternative, to the extent that we consider the RSA a valid contract, then the fraudulent conduct is a breach the RSA (also permitting revocation.)

Thanks,
/John

John Curran
President and CEO
American Registry for Internet Numbers


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