Bogon Filter - Please check for 77/8 78/8 79/8

David Schwartz davids at webmaster.com
Wed Dec 13 13:39:03 UTC 2006


> So we're saying that a lawsuit is an intelligent method to force someone
> else to correct something that you are simply using to avoid the
> irritation
> of manually updating things yourself???
>
> That seems to be the epitomy of laziness vs. litigousness.
>
> Scott

No, but a lawsuit may be an intelligent method to force someone to correct
something that other people are using to avoid the irritation of manually
updating things themselves. I agree it would be idiotic if someone using the
bogon list were to sue the list operator because they didn't like what was
on the list and it was harming them.

If all other methods fail to get the bogon list updated, which is easier:

A) Track down everyone using the bogon list and convince them to switch to
manually updating their own list of bogons so that they can reach you.

B) Threaten the bogon list operator with a lawsuit for falsely claiming your
addresses are bogons and hope they take the simplest path and fix their
list.

This is a pretty classic case of someone inducing other people to rely on
the accuracy of their data and then offering incorrect data (not arguably
incorrect, manifestly incorrect and most likely negligently so) which those
other people then rely on.

It's no different from a credit report with inaccurate information affecting
a consumer who did not choose to have his credit tracked by the agency
providing the information. We generally recognize third parties have a right
to sue to correct negligently demonstrably incorrect information about them
when that information harms them.

This is not like lists of spam sources where the list is correctly reporting
information the spammer would prefer to suppress.  This is a case where the
list is wrong, and it's harming other people who stupidly relied on it and
people who never chose to rely on it.

If you set up a service and induce people to use it and rely on it, there
definitely should be some minimum standard of quality you should be held to.
I think failing to update a bogon list to reflect address space that is no
longer a bogon within a week or so is negligence under any standard of care.

DS





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