[address-policy-wg] Re: [ncc-services-wg] New RIPE NCC Procedural Document Available

Dear ncc-services-wg, address-policy-wg,

>From the document:

[...]

4.2 Violation of RIPE Policy, Law or Contract

The RIPE NCC will de-register the independent Internet number resources in case
of a fundamental breach of contract by the End User, supported by a Dutch court
order; or

Violation of Law by the End User, supported by a Dutch court order; or violation
of RIPE Policy by the End User.

[...]

IANAL, so please forgive me if this course of inquiry is completely misguided,
but does this not explicitly put the validity of resource assignments in the
hands of Dutch courts and Dutch prosecutors?

RIPE NCC, as an organization domiciled in the Netherlands would at all times
have to comply with valid court orders. However, prior to the existence of a
direct contractual relationship with end users and this policy, RIPE NCC merely
served as a custodian for a database. Challenging the contents of this database
would have been a legal adventure.

With the introduction of complete contractual chain through RIPE NCC, a LIR, and
the end user, combined with this formal explicit policy to which the end user
and the LIR must agree - isn't there a potential loophole being created for an
enterprising litigant to impose Dutch legislation where it is might be favorable
to their cause on foreign end users?

Certainly, if this interpretation isn't overly naive, such a loophole was not
the intention of policy 2007-01. Has the RIPE NCC received any legal counseling
on this matter, and would it be willing to publish the opinion they were
provided with?

--
Respectfully yours,

David Monosov


Andrea Cima wrote:
> [Apologies for duplicate emails]
> 
> Dear Colleagues,
> 
> The RIPE NCC has published a new RIPE NCC procedural document:
> ripe-475, "Independent Internet Number Resources  Contractual
> Relationship Changes between sponsoring LIR and End User"
> 
> This document describes the steps to be taken when there are changes in
> the contractual relationship between the End User of independent
> Internet number resources and the sponsoring Local Internet Registry
> (LIR). It also describes the scenarios in which the RIPE NCC may
> de-register independent Internet number resources and what happens to
> those resources once they are de-registered.
> 
> The new document is available at:
> http://www.ripe.net/ripe/docs/ripe-475.html
> 
> Kind regards,
> 
> Andrea Cima
> RIPE NCC