On 25 Sep 2018, at 7:11 PM, Jared Mauch <ja...@puck.nether.net> wrote:
> 
> Why is ARIN making it so hard for it’s members to get the benefits of the 
> global ecosystem for their RIR controlled space?  What makes ARIN IP space so 
> unique in this sense?  As part of a global ecosystem it’s incumbent of many 
> of us to do the right thing here and ARIN is increasing the friction on the 
> part of everyone to do the right thing.

Jared - 

Indeed - In the process of complying with a different legal environment, ARIN 
sometimes has to behave differently than RIRs that are located elsewhere...

In order to protect the stability of the services we provide to all ARIN 
customers, we have those relying on ARIN’s certificate services indemnify ARIN 
from claims of damages in connection with their usage.  Such indemnification 
isn’t unique to ARIN - RIPE has RPKI publishers indemnify RIPE, APNIC has any 
users of APNIC digital certificates indemnify APNIC, etc.   

The significant difference for ARIN is that we operate under a different legal 
regime, and as a matter of US law, it appears that we cannot rely only upon 
terms and conditions published in our website as evidence of informed 
agreement; i.e. within the US legal framework, we need a specific act of 
acceptance in order to have a binding agreement.  

We originally accomplished this binding via an explicit click-box 
acknowledgement and emailing the the TAL to agreeing party, then managed to 
evolve it over time to just the click-box acceptance of terms, and now are able 
to consider the act of simply downloading of the TAL itself as sufficient to 
constitute agreement to terms. 

Different legal regimes result in different implementations, even when the 
terms (such as indemnification) are similar. 

Thanks,
/John

John Curran
President and CEO
American Registry for Internet Numbers



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