And so it ends...

Robert Bonomi bonomi at mail.r-bonomi.com
Thu Feb 3 16:34:35 CST 2011


> Subject: Re: And so it ends...
> From: Ernie Rubi <ernesto at cs.fiu.edu>
> Date: Thu, 3 Feb 2011 16:08:50 -0500
> To: David Conrad <drc at virtualized.org>
> Cc: NANOG list <nanog at nanog.org>
>
> Way off topic here...and into the legal arena:
>
> As to the monopoly classification, do you think, at least with ARIN 
> (since it is a US/Virginia corporation) that Sherman Act  2 (i.e. 
> antitrust) principles could be applied to require that it relinquish some 
> of the control over said IP space/database and act in a more competitive 
> manner?  

Abssolutely *NOT*.  their unique status derives from the actions of a 
contractor "faithfully executing" it's duties on the behalf of the U.S.
Gov't.  'Antitrust' does not apply to the Gov't, nor to those acting
on its behalf, nor to anyone operating a government-sanctioned monopoly.

>          What about the other RIRs worldwide?

They're outside U.S. jurisdiction.  Sherman Acg 2  is irrelevant to their
operation.

Even _if_ they were held to be subject to U.S. jurisdiction the prior
logic would apply to them as well.

>                                                I'm not an antitrust 
> lawyer,

Obvously.  <grin>

>         but there may be an issue there.

nope.

> > No.  First, "IANA" does not exist.  The term "IANA" now refers to a 
> > series of functions currently performed under contract from the US 
> > Dept. of Commerce, NTIA by ICANN.  As such it can't declare anything.
 >




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