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Re: [Outages-discussion] Recent outage in Australia affecting Telstra

daemon@ATHENA.MIT.EDU (Jay Ashworth)
Fri Feb 24 10:47:55 2012

Date: Fri, 24 Feb 2012 10:46:54 -0500 (EST)
From: Jay Ashworth <jra@baylink.com>
To: NANOG <nanog@nanog.org>
In-Reply-To: <20120224130833.GA7024@greenie.muc.de>
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org

----- Original Message -----
> From: "Gert Doering" <gert@greenie.muc.de>

> > One of Telstra's downstream customers, a smaller ISP called Dodo,
> > accidentally announced the global table to Telstra (or perhaps a very
> > large portion of it.) Enough of it to cause major disruption.
> 
> This is good. There is a chance that Telstra will learn from it, and
> do proper customer-facing filters now.
> 
> OTOH, there also is a chance that Telstra lawyers will just sue the
> customer, and not change anything...

Perhaps.  I am not familiar with Australian jurisprudence, but the US there
is the doctrine of Last Clear Chance[1]... and the work necessary on Telstra's
part to avoid this problem is a) well known, b) arguably considered best
practice for a company in their field, and c) not disproportionately 
onorous for them to have undertaken...

so even if they sue, it's not at all a clear cut case for them to "win".

Cheers,
-- jra 
[1] https://en.wikipedia.org/wiki/Last_clear_chance
-- 
Jay R. Ashworth                  Baylink                       jra@baylink.com
Designer                     The Things I Think                       RFC 2100
Ashworth & Associates     http://baylink.pitas.com         2000 Land Rover DII
St Petersburg FL USA      http://photo.imageinc.us             +1 727 647 1274


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