On Fri, 17 May 2019, Alex de Joode wrote:
??I beg to differ.
The ripe membership set's the policy;
Ripe enforces the policy;
If a ripe member has it's resources withdrawn due the policy and the
enforcement of the policy, the ripe member can go to court
in The Netherlands (see contact between member and ripe);
The Amsterdam court will apply the proportionality test to a case where the
resources are withdrawn based only on the fact there
was no reply to the abuse-mailbox validation email;
The Amsterdam court will find this action is unreasonable;
The Amsterdam court will force ripe to re-instate the resources;
The Amsterdam court will be liable for any and all damages the ripe member
suffered.
Hi,
You mean "The Amsterdam court will rule RIPE NCC is liable for any and
all damages the ripe member suffered." ???
ps: is there any jurisprudence about what you are describing...?
Carlos
?-- IDGARA | Alex de Joode | +31651108221
On Fri, 17-05-2019 4h 49min, Fi Shing <phish...@storey.xxx> wrote:
This "proportionality" test you speak of,
has as much relevance to the regulating of internet resources, as "freedom of
speech" does to regulating internet forum
membership
(no relevance at all).
--------- Original Message --------- Subject: Re: [anti-abuse-wg] 2019-04
New Policy Proposal (Validation of
"abuse-mailbox")
From: "Alex de Joode" <a...@idgara.nl>
Date: 5/16/19 4:56 pm
To: "JORDI PALET MARTINEZ" <jordi.pa...@consulintel.es>
Cc: anti-abuse-wg@ripe.net
?On Fri, 17-05-2019 1h 45min, JORDI PALET MARTINEZ via anti-abuse-wg
<anti-abuse-wg@ripe.net> wrote:
Hi Nick,
[..]
Anyone failing in repetitive ocassions to comply with policies is
subjected to further NCC
scrutiny, including account closure. This is a different policy
already in place. If we don't like
that, we should change that policy, but then we don't need policies
anymore. Policies are the
rules for the community to be respected by all, and not having an
administrative enforcement by
the NCC is the wilde west.
It is an illusion to think ripe can suspend/withdraw resources if an
organisation does not reply to a abuse
validation request. That simply will not pass the proportionality test needed
under Dutch law. So you will have no
recourse. (Only if you can prove the entity has registered with false
creditials (Due Diligence by new members takes
care of this) -and- the entity is active in a criminal enterprise, you might
have a case)
Cheers,
Alex
