[ARIN-Suggestions] Response to Suggestion 2012.3: ADD LANGUAGE TO STLS TOS/AUP
info at arin.net
Thu May 10 12:06:33 EDT 2012
ARIN has issued its final response to ACSP Suggestion 2012.3. The
suggestion and response text are provided below. This suggestion remains
is now closed and is available at:
Communications and Member Services
American Registry for Internet Numbers (ARIN)
Add (and begin enforcing) the following language to the STLS TOS/AUP:
Any STLS participant (requestor, provider, or facilitator) found to be
advertising their need/services/availability via unsolicited email
validated by at least three complaints including copies of the email
with full headers from three independent organizations shall have their
use of STLS suspended and/or permanently revoked at the discretion of
the ARIN CEO (suspension) or simple majority vote of the ARIN BoT
(suspension or revocation).
For a period of at least 6 months after this is added to the TOS/AUP, a
first offense shall result in a warning referencing this update to the
We have carefully reviewed your suggestion internally, and with ARIN
Counsel, and have concluded the proposal, if adopted, would improperly
overstep ARIN's authority to regulate content and communications.
Specifically, the proposal seeks to place limits on STLS facilitators
contacting community members based on complaints that could be
subjective and not objective and readily provable. ARIN has no ability
to readily determine or confirm whether an email message reported to it
is unsolicited or not, or how the address was obtained, and would
therefore have to take action based on the subjective judgment of the
Any ARIN attempt to improperly limit these types of commercial
communications is unlikely to be upheld based on the proposal you
provided, and could even result in claims of ARIN legal liability for
interfering with commercial speech. The subjective complaint criteria
may also permit abuse: e.g. one facilitator complaining about another
simply to limit their communications efforts. It might also convince
brokers not to become STLS facilitators.
As you know, ARIN has prohibited the use of Whois for marketing purposes
and will investigate violations thereof regardless of the forum. If you
believe that Whois contact information is being used for marketing
purposes, please contact us immediately. We will continue to review such
matters aggressively, consistent with that policy.
As we gain more experience with such communications we will continue to
consider whether existing practices to curb abuse need to be tweaked.
Suggestion 2012.3 is now closed.
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