[arin-ppml] Of interest?
scottleibrand at gmail.com
Tue May 14 20:49:06 EDT 2019
> On May 14, 2019, at 5:01 PM, William Herrin <bill at herrin.us> wrote:
> On Tue, May 14, 2019 at 3:58 PM John Curran <jcurran at arin.net> wrote:
> > 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.)
> Hmm. That seems helpful.
> I'm less enthusiastic about another precedent that may have been set here - that the scammer won't be required to make the community whole on the resources that have already passed through his hands by the time the fraud is halted. Unless that question is not yet settled?
Carefully parsing John’s statements, it appears that question will not be settled until the outcome of criminal proceedings is known, at which time ARIN will have the authority to revoke further address space if it can be shown that criminal activity put the scammer in breach of the RSA on any space he acquired directly and not through fraudulent representations.
Let’s withhold judgement on what the scammer may have “gotten away with” until the wheels of justice have finished grinding.
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