[136841] in North American Network Operators' Group
Re: "Leasing" of space via non-connectivity providers
daemon@ATHENA.MIT.EDU (Ernie Rubi)
Sat Feb 5 18:54:24 2011
From: Ernie Rubi <ernesto@cs.fiu.edu>
In-Reply-To: <20110205230613.9747.qmail@joyce.lan>
Date: Sat, 5 Feb 2011 18:54:16 -0500
To: John Levine <johnl@iecc.com>
Cc: nanog@nanog.org
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
Good question:
Depends on what kind of address space assignment - if you mean legacy IP =
space, then no there is no case law. =20
Kremen v. ARIN (Northern District of CA) is the only case law out there, =
but it is on point only as to 'current' IP space. In Kremen, the =
district court went only as far as saying that ARIN is the only =
available source for =91current=92 allocations.=20
The court, in a motion to amend a prior ex parte order, found an =
applicant seeking IP space =93could only receive the number resources if =
he followed ARIN=92s procedures, applied for...the resources, and signed =
ARIN=92s standard Registration Services Agreement in effect when the =
resources were issued."
There is no statutory (federal / state) authority on point; other than:
Federal statutory law now makes a felony for anyone to =93falsely =
represent oneself to be the registrant...of 5 or more Internet Protocol =
addresses, and intentionally initiate the transmission of multiple =
commercial electronic mail messages from such addresses.=94 (See 18 =
U.S.C.A. =A7 1037(a)(5), (2003))
Compare this to the well established law on domain name transfers (Anti =
Cybersquatting Protection Act; WIPO Treaties; state and federal cases).
Ernie
On Feb 5, 2011, at 6:06 PM, John Levine wrote:
>>> Your right to use a particular set of addresses on a particular
>>> network is not granted by any RIR.
>=20
> As far as I know, there's no case law about address space assignments.
>=20
> There's been a bunch of cases where someone stole address space by
> pretending to be the original assignee, like the SF Bay Packet Radio
> case in 2008, but as far as I know, the ones that have been resolved
> were resolved without a court's help. There's also plenty of stolen
> address space still in use by the party that stole it.
>=20
> If there have been cases with a willing seller and a willing buyer
> where ARIN has refused to update WHOIS or rDNS, I'd be interested to
> hear about them.
>=20
> R's,
> John
