On Dec 4, 2014, at 5:07 PM, Adam Thompson <[email protected]> wrote: > > If ARIN's legal counsel feels there is no way to avoid requiring *explicit* > legal agreement prior to using RPKI data (as distinct from *publishing* RPKI > data) then I would suggest that there is a clear community consensus just > based on what I've heard here and at ARIN 34. > > Unfortunately, the dialog between ARIN and its community boils down to "the > business and legal climate in the United States is too hostile to permit easy > and widespread use of RPKI data". > > If ARIN can't find a way around that problem, perhaps they should consider > reincorporating somewhere more conducive to business...
Adam - As noted already, having a click-accept RPA provides higher certainty when managing litigation risk from those relying on RPKI data. Another option to simply state the terms (e.g. indemnification) that apply to those using your CA, and then rely on implicit binding. A third-option is to include the necessary language in an existing agreement (such as the member or registry agreement) and not worrying about those who are just accessing the data. Each RIR is taking their own approach to this problem, and you’re unlikely to find a jurisdiction where services can be offered with _no_ risk at all (note - if you do find such a place, then it’s so "conducive to business” that your own service providers are likely to have no obligations to you…) We can switch to an implied agreement (as has been used in other regions); if that does address the concern, it means that folks are more willing to be implicitly bound by terms unseen than explicitly accepting an agreement with known terms. /John John Curran President and CEO ARIN _______________________________________________ PPML You are receiving this message because you are subscribed to the ARIN Public Policy Mailing List ([email protected]). Unsubscribe or manage your mailing list subscription at: http://lists.arin.net/mailman/listinfo/arin-ppml Please contact [email protected] if you experience any issues.
