Re: RPKI adoption (was: Re: Corporate Identity Theft: Azuki, LLC -- AS13389, 216.179.128.0/17)

[John Curran <jcurran () arin net>]

On 13 Aug 2019, at 11:03 PM, William Herrin <bill () herrin us<mailto:bill () herrin us>> wrote:

On Tue, Aug 13, 2019 at 7:42 PM John Curran <jcurran () arin net<mailto:jcurran () arin net>> wrote:
On 13 Aug 2019, at 9:28 PM, Ronald F. Guilmette <rfg () tristatelogic com<mailto:rfg () tristatelogic com>> wrote:
The last time I looked, RPKI adoption was sitting at around a grand total
of 15% worldwide.  Ah yes, here it is...

  https://rpki-monitor.antd.nist.gov/

I've asked many people and many companies why adoption remains so low, and
why their own companies aren't doing RPKI.  I've gotten the usual assortment
of utterly lame excuses, but the one that I have had the hardest time
trying to counter is the one where a network engineer says to me "Well,
ya know, we were GOING to do that, but then ARIN... unlike the other four
regional authorities... demanded that we sign some silly thing indemnifying
them in case of.... something.

Interestingly enough, those same indemnification clauses are in the registration services agreement that they already 
signed but apparently they were not an issue at all when requesting IP address space or receiving a transfer.

I signed no legal agreement either to register my legacy addresses or to do a whois lookup to check someone else's 
addresses. Just sayin’.

Bill -

When you did that Whois look up at the ARIN website, you did agree to terms of use for the Whois service which contains 
indemnification provisions and are legally enforceable. <https://www.arin.net/resources/registry/whois/tou/>

If you instead used a command line interface (e.g. "whois -h whois.arin.net<http://whois.arin.net> …”), then you 
received output from ARIN’s Whois server along with notice of the applicable terms of service…  I would observe that 
continued use at that point has been held to indicate agreement on your part [ref: Register.com<http://Register.com>, 
Inc. v. Verio, Inc., 356 F.3d 393 (2d Cir. 2004)]

Thanks,
/John

John Curran
President and CEO
American Registry for Internet Numbers