[anti-abuse-wg] Allocation of number resources
Gert Doering gert at space.net
Thu Feb 7 16:18:51 CET 2013
Hi,
On Thu, Feb 07, 2013 at 08:06:41PM +0530, Suresh Ramasubramanian wrote:
> On Thursday, February 7, 2013, Gert Doering wrote:
>
> > I think we perfectly agree that *criminals* should have taken their
> > address space away, and that's what the NCC does. Now, "criminals" - and
> > this is where we know to disagree - are not folks that send e-mails that
> > other folks do not like, but folks where an instrument of the law has
> > decided "they are criminals" (LEOs or courts).
>
> Ah, so the difference between spammers and other forms of online criminals
> like, say, botmasters
Just an example, which makes it fairly obvious that a "criminal" to some
is not a "criminal" to another. I neither like spammers nor botmasters,
but the legal system in their country might make a difference.
> I do however put it to you that there are plenty of email marketers who
> acquire IP space under their own business names, without having to create
> an endless series of shell companies to acquire outsize IP allocations.
>
> Does that mean RIPE NCC might want to, for example, have the dutch
> regulator that has a remit on antispam, OPTA, take a stand in this matter,
> if you are that concerned with penalizing genuine criminals rather than
> "people who send email that I don't like"? An interesting idea.
The stance of the RIPE NCC is clear: if a judge decides that someone is
a criminal, they are. Otherwise, they are not, and there is no lever to
take away their addresses just by someone calling them a criminal. This
is all documented, and the link to the RIPE NCC LIR closure document has
been posted here by Athina before.
This can be changed, of course - the RIPE NCC operates under a policy
framework set by its constituency. Unfortunately, this constituency has
been completely unable to agree on a definition of "abuse" (in a "checklist"
sense: someone has to take this definition, apply it to a certain case,
and come to a clear conclusion). So that's what we have: criminal by law,
lying to the NCC as far as LIR registration details go, or no reason to
withdraw IP address allocations.
Gert Doering
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