Re: RPKI adoption (was: Re: Corporate Identity Theft: Azuki, LLC -- AS13389, 216.179.128.0/17)

[William Herrin <bill () herrin us>]

On Tue, Aug 13, 2019 at 8:25 PM John Curran <jcurran () arin net> wrote:
> On 13 Aug 2019, at 11:03 PM, William Herrin <bill () herrin us> wrote:
> I signed no legal agreement either to register my legacy addresses or to
do a whois lookup to check someone else's addresses. Just sayin’.
> If you instead used a command line interface (e.g. "whois -h
whois.arin.net …”),
> then you received output from ARIN’s Whois server along with notice of
the applicable terms of service…

Hi John,

As I no longer live within or act from within one of the 2 states to have
passed UCITA, you'll find that notice difficult to enforce.


>  I would observe that continued use at that point has been held
> to indicate agreement on your part [ref: Register.com, Inc. v. Verio,
Inc., 356 F.3d 393 (2d Cir. 2004)]

In which Verio admitted to the court that they knew they were abusing
Register's computers but figured Register's contract with ICANN gave them
the right. The court would have reached the same decision regardless of
Register's notice: You're abusing computers that aren't yours. Stop it.

Specht v. Netscape Communications Corp, on the other hand, found that,
"plaintiffs neither received reasonable notice of the existence of the
license terms nor manifested unambiguous assent" to the contract Netscape
offered for the use of their software at download-time, including assent to
settle disputes through arbitration.

I'll take any bet you care to offer that the latter precedent applies to
casual consumer use of ARIN's whois. I won't take any such bet when it
comes to the legal safety of redistributing ARIN's RPKI Trust Anchor
Locator in my software. And neither, apparently, do many of the folks who
would have to redistribute that TAL for ARIN's RPKI to be useful, as was
discussed here last September:
https://mailman.nanog.org/pipermail/nanog/2018-September/097161.html

Regards,
Bill Herrin


--
William Herrin
bill () herrin us
https://bill.herrin.us/