[28000] in North American Network Operators' Group

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Re: peering wars revisited? PSI vs Exodus

daemon@ATHENA.MIT.EDU (Howard C. Berkowitz)
Tue Apr 4 14:40:43 2000

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Date: Tue, 4 Apr 2000 14:37:15 -0400
To: nanog@merit.edu
From: "Howard C. Berkowitz" <hcb@clark.net>
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Bill,

You raise some good points, and I'm the first to admit I don't have 
all the answers. That disclaimer made, let me confuse the discussion 
some more.  My concerns relate to the issue of full disclosure versus 
process improvement.

[snip comments about confidentiality case law.]

>
>
>  > > 7.  Exodus has a problem. In marking that customer confidential it
>  > > appears to me that it was trying to cover up its own problem and I
>  > > imagine in doing so it was making some already upset customers
>  > > further upset.
>  >
>  >         I don't see how an Exodus problem or lack thereof justifies
>  > poor ethical behaviour.
>  >
>Actually, as a matter of ethics, revealing the circumstances behind a
>network degradation is considered a "public service", and highly ethical.
>
>Cover-ups are unethical.

I've done a lot of medical work, and seen both coverups and serious 
attempts at internal self-policing.  There's a current debate about 
opening the National Practitioner Data Base to the public.  The 
problem is that legal and market models don't necessarily improve the 
process.

There is an incredible amount of defensive medicine that guards 
against non-issues that still don't sound good in court.  Case in 
point: a malpractice attorney can make a physician look like a total 
idiot by thundering "you didn't take an X-ray of my client's skull 
after his car accident?"  This patient was showing no symptoms.

Several large studies have demonstrated that in the absence of actual 
symptoms of neurologic impairment, plain skull films have probably 
never picked up anything that the examination missed.  CT scanning 
does have more sensitivity for things missed in exams, but you are 
talking about a procedure costing $400-800 as opposed to $75 for 
plain films.

Analogies are always suspect, but it worries me that some lawyer 
could thunder, in court, that a provider was negligent because they 
didn't log every packet.

>
>I've just heard that a bill will be introduced in Congress that would
>exempt outage and security incident reports to government from FOIA.
>This would be a disaster!  Full disclosure is very important.

Look at the FAA system where there is immunity for reporting 
near-misses. The intention is to fix the problem rather than assign 
guilt.

What is the right balance between operational realities and the 
danger of malpractice actions, or of sales using incident data out of 
context to prove "my ISP is better?"  No simple answers, I'm afraid.

I shudder to remember the Large Mercenary Bank that, when told that 
BGP would not give them load sharing at the granularity of single 
servers, responded "Clearly you aren't worth what we pay you. Please 
give us the phone number of the person in charge of the Internet." 
That's not an un-representative customer.



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