nanog mailing list archives

Re: Elad Cohen


From: Masataka Ohta <mohta () necom830 hpcl titech ac jp>
Date: Thu, 19 Sep 2019 19:02:53 +0900

Ronald F. Guilmette wrote:

Just injecting false route information may not be a crime.

However, doing so for financial gain maybe a crime of fraud.

I guess that there is something that either you, or perhaps I, are not
understanding here.

> Financial gain appears to me to be the obvious motivation for all
> of this.

You still don't understand what are the "elements" of a crime of
fraud, even though the code explicitly state:

     (1)  A person is guilty of an offence if
         (a)  the person, by a deception, dishonestly obtains
         a financial advantage from another person; and

which means prosecutors must prove existence of "financial
advantage" in court with evidences even if you think it obvious.

In the case if the APNIC region blocks that I have called out, I have -no-
evidence to suggest that there has been any deception or untoward manipulation
of registry information whatsoever.

For the purpose of criminal prosecution, it is enough if someone
in APNIC, Merit, FDCservers or Cogent is deceived.

As, according to you, false route is actually advertised, someone
should be deceived.

With respect to the AFRINIC region blocks I have called out, if you have a
relevant citation from the criminal code of the island nation of Mauritius,
I would be most appreciative if you would share that with me.  It may come
in handy at some point.

I'm afraid code more useful to a person living in Zambia is that
of Zambia. Anyway, in any country where registration fraud of
real estate is criminal, which practically means in all the
countries, registration fraud of IPv4 address is criminal.

A problem, however, is that prosecution in Zambia or Mauritius may
not be very effective to a person living in Israel.

Anyway, as accusation is free, you may try.

                                                Masataka Ohta


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