[members-discuss] [ncc-services-wg] Update of RIPE NCC Procedural Document

Hi Taras, all

We do not list in any of our procedural documents the exact criteria for
differentiating between falsified and incorrect information. However, we
do provide examples in Section 1.2.2.g of the closure document:

"... The Member is in breach of good faith in the following cases:

    Falsified/incorrect information

The Member provides falsified or misleading data or information (for
example, falsified registration documents or IDs), or repeatedly
provides incorrect data or information (for example,
incorrect/inaccurate contact details)."

Based on these, registration papers or identification documents that
have been falsified would constitute falsified information whereas
providing incorrect or inaccurate contact details would constitute
incorrect information.

Please note that the above violation of the SSA differs from maintaining
incorrect registration data in the RIPE Database. The latter is
a violation of the RIPE Policies and it would give the right to the RIPE NCC to
terminate the member's SSA with a three-month period effect. During this
period and in accordance with Section 1.2.1.1.c of the closure document,
the RIPE NCC will send emails and reminders to the member asking them to
rectify the violation. If the member continues to not comply after 90
days from the first email, the RIPE NCC will terminate their SSA.

All in all, depending on the reason that leads to the termination of a
member's SSA and its severity, termination will take place with either
three-month or immediate effect and for this the RIPE NCC will follow
the relevant procedure as documented in the closure document, available at:
https://www.ripe.net/publications/docs/ripe-716

Lastly, by "Dutch authority orders" we mean a Dutch Court order served
by a Dutch LEA as well as a binding order from law enforcement or
regulatory authorities that are operating as required under Dutch
criminal and administrative law (e.g. Public Prosecution Department, the
Police, the Fiscal Intelligence and Investigation Service).

For more information on how the RIPE NCC would react to a request or
order for action you should refer to the RIPE NCC procedural document
"Handling Requests for Information, Orders and Investigations from Law
Enforcement Agencies":
https://www.ripe.net/publications/docs/ripe-675

Kind regards,

Maria Stafyla
Legal Counsel
RIPE NCC

On 03/04/2019 18:46, Taras Heichenko wrote:
> Hello Maria, all,
>
>> On Apr 3, 2019, at 17:29, Maria Stafyla <mstafyla at ripe.net> wrote:
>>
>> Dear Sergey,
>>
>> Please allow me to explain why the change in Section 1.2.2.g was
>> described as bringing alignment with the wording used in the RIPE NCC
>> Standard Service Agreement.
>>
>> Article 9.4 of the RIPE NCC Standard Service Agreement (SSA) states the
>> following:
>>
>> "The RIPE NCC shall be entitled to terminate the RIPE NCC Standard
>> Service Agreement with immediate effect in accordance with the procedure 
>> set forth in the RIPE NCC document 'Closure of LIR and Deregistration of 
>> Internet Number Resources'
>>
>> ...
>>
>> h. if the Member provides the RIPE NCC with falsified or misleading data
>> or provides the RIPE NCC repeatedly with incorrect data"
>>
>> According to this article, it is not a requirement that provision of
>> falsified or misleading data by a member has to occur in a repeated
>> manner for the RIPE NCC to be entitled to terminate their SSA. Also, it
>> is one of the member's contractual responsibilities to provide the RIPE
>> NCC with complete, up-to-date and accurate information that is necessary
>> for the provision of the RIPE NCC services (Article 6.2).
> Do you have exact criteria that define difference between falsified and incorrect data?
> Are these criteria written anywhere in RIPE NCC documents?
>
>> When applying the RIPE NCC procedures and before deciding to terminate a
>> member's SSA in accordance with Article 9, the RIPE NCC makes sure that
>> all conditions are met and there is enough evidence to support making
>> this decision.
>>
>> Kind regards,
>>
>> Maria Stafyla
>> Legal Counsel
>> RIPE NCC
>>
>> On 03/04/2019 12:58, Sergey Myasoedov wrote:
>>> Dear Maria,
>>>
>>> Thank you for the announcement.
>>>
>>> I'm moving the discussion to members-discuss.
>>>
>>>> Other amendments were carried out to align the wording of specific sections with the wording used in the rest of the document, the RIPE NCC Standard Service Agreement (Sections A.1.2.2.g and B.1.d), and other RIPE NCC procedural documents (Section A.1.1). Similarly, changes were made to reflect changes in the RIPE Database (both operational and structural) and in RIPE Policy requirements (Sections A.1.2.1.1.c and B.1.c).
>>> I would not call this 'wording changes':
>>>
>>> $ diff ripe697 ripe716 
>>> 7c7
>>> < The Member repeatedly provides falsified data or information, or purposefully and/or repeatedly provides incorrect data or information (for example, falsified registration documents or IDs, incorrect/inaccurate contact details, etc.).
>>> ---
>>>> The Member provides falsified or misleading data or information (for example, falsified registration documents or IDs), or repeatedly provides incorrect data or information (for example, incorrect/inaccurate contact details).
>>> 11c11
>>> < The Member submits repeatedly fraudulent requests for Internet number resources (for example, providing incorrect purpose/need or falsified information about the network, etc.).
>>> ---
>>>> The Member submits fraudulent requests for Internet number resources (for example, providing incorrect purpose/need or falsified information about the network, etc.).
>>> So the word 'repeatedly' disappear and in case of _any_ only document mistake, deliberately or not made by the member, the RIPE NCC can call this 'misleading data' or 'fraudulent request' and terminate the membership?
>>>
>>> Thank you.
>>>
>>>
>>> --
>>> Kind regards,
>>> Sergey Myasoedov
>>>
>>>
>>>> On 1 Apr 2019, at 10:56, Maria Stafyla <mstafyla at ripe.net> wrote:
>>>>
>>>> Dear Colleagues,
>>>>
>>>> The RIPE NCC Procedural document 'Closure of Members, Deregistration of Internet Resources and Legacy Resources' has recently been reviewed and updated. The following is an overview of the amendments made.
>>>>
>>>> Section A.1.1 was amended to include situations where both the Member and the RIPE NCC agree to terminate the SSA before the usual three month period has passed. Other changes were made to avoid duplication of information.
>>>>
>>>> Section B.2 was updated to specify certain conditions under which a three month timeframe for deregistration of either Member or End User resources would be unreasonable.
>>>>
>>>> The wording in Section B.2.1 was amended to clarify that during the deregistration process the Member is not allowed to make new announcements using the resources to be deregistered, and that the RIPE NCC will update the maintainer on all the Member's resource objects - not just on the inetnum object.
>>>>
>>>> Section B.2.2 was amended to bring about alignment of the procedures for the deregistration of End User and Member resources and to clarify that if an End User does not have a sponsoring LIR when the deregistration procedure is initiated, they must first establish a contractual relationship with one before they can object to that procedure.
>>>>
>>>> Other amendments were carried out to align the wording of specific sections with the wording used in the rest of the document, the RIPE NCC Standard Service Agreement (Sections A.1.2.2.g and B.1.d), and other RIPE NCC procedural documents (Section A.1.1). Similarly, changes were made to reflect changes in the RIPE Database (both operational and structural) and in RIPE Policy requirements (Sections A.1.2.1.1.c and B.1.c).
>>>>
>>>> Please see here the relevant link:
>>>> https://www.ripe.net/publications/docs/ripe-716/    
>>>>
>>>> Kind regards,
>>>>
>>>> Maria Stafyla
>>>> Legal Counsel
>>>> RIPE NCC 
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> --
> Best regards
>
> Taras Heichenko
> tasic at hostmaster.ua
>
>
>
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