US CODE: Title 15, Chapter 1, Section 2.

Karl Denninger karl at MCS.NET
Fri Jan 31 14:44:39 EST 1997


Someone ought to look at the way some providers try to tie customers 
(especially other ISPs) to themselves through address allocation policies... 
as well as the Internic/IANA/NSF arrangement for domain names and the IAHC's
activities in that area as well.

$10 Million per violation is a pretty strong deterrent...

--
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Karl Denninger (karl at MCS.Net)| MCSNet - The Finest Internet Connectivity
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> 
> USCODE Title 15: Chapter 1: Section 2:
> ----------------------------------------------------------------------------
> § 2. Monopolizing trade a felony; penalty
> 
> Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of
> the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be
> punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by
> both said punishments, in the discretion of the court. 
> ----------------------------------------------------------------------------
> 
> Opinion:  IP address space cannot be monopolized nor commercialize because
>           it is a national resource.  Those planning to charege for it might 
> 	  consider if they believe Title 15:1:2 applies to a national  and
>           scarce resource, such as IP address space.
> 
> ----------------------------------------------------------------------------
> USCODE Title 15: Chapter 1: Section 1:
> ----------------------------------------------------------------------------
> 
> § 1. Trusts, etc., in restraint of trade illegal; penalty
> 
> Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with
> foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to
> be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if
> any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court. 
> 
> ----------------------------------------------------------------------------
> 
> Opinion:  Forming a trust to sell a national resource, such as IP address
>           space  without competition, fixing a price might be considered
>           a violation under federal code.
> 
> 
> Action:   Request a formal advisory from both the Department of Justice
> 	  and the Federal Trade Commission.
> 
> 
> In my humble opinion, attempts by Network Solutions, Inc. to form 
> NAIPR and to require a fee for IP address space may violate these
> federal codes.
> 
> Best Regards,
> 
> Tim Bass
> 
> -------
> mailto:bass at silkroad.com          voice (703) 222-4243
> http://www.silkroad.com/            fax (703) 222-7320
> 
> 
> 
> 
> 
> 




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