[ianatransition] Disaster scenarios (was Re: Jurisdiction)

John Curran jcurran at arin.net
Thu Aug 7 10:26:50 UTC 2014


On Aug 7, 2014, at 4:16 AM, Eliot Lear <lear at cisco.com<mailto:lear at cisco.com>> wrote:

Richard,

On 8/7/14, 10:14 AM, Richard Hill wrote:

But I was responding to Andrew who asked for an example of an actual court case involving IP addresses.

You're right.  He should have asked for a successful case...

Indeed.

To date, ARIN has not been ordered to act contrary to the community-developed
policy for management of its portion of the Internet number resources registry.

Parties do litigate with respect to IP addresses, and in our region ARIN has been
quite successful in dealing with number resources in legal matters.  Our success
is the result of having a consistent legal approach which has been respected by
the courts when dealing with these issues (note - one not dependent on NTIA's
involvement in IANA); specifically, ARIN asserts that parties do have certain rights
to the number resource entries in the registry that are assigned to them, and this
includes the right to unique use in the registry and the right to transfer in accordance
with community-developed policy.  There are other parties (such as the Internet
community) which have rights to these same number resources (for example, the
right to public visibility to certain portions of the registration, the right to require
certain contact information be present, etc.), and it is the community-developed
policy for the registry which defines the interaction of these rights.

Of course, it is also helpful that ARIN is based in the US, and thus finds itself
arguing these matters in jurisdictions that (while often convoluted) at least
have a very mature legal framework in which to address concerns.  As one
might imagine, a fair amount of my time is spent dealing with such issues...

ARIN has no view at this time on whether this sort of legal oversight, based on
a particular country's legal jurisdiction, is an appropriate model for accountability
for registry stewardship (with respect ARIN, the number registry system or IANA);
we ask that the community served by number resource registry system get
involved in this discussion to help establish an appropriate outcome.

FYI,
/John

John Curran
President and CEO
ARIN




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