Thanks, David.  I’d rather focus on what we CAN do or MIGHT be able to do, 
instead of focusing on the negative side of things.

So the carrot hasn’t worked, over the last 20yrs.  That’s fairly clear.  (Nor 
has it utterly failed, but its degree of success is noticeably less than 
perfect.)

Maybe it’s time to get out a (relatively gentle) stick:  No new IP address 
space for you, until you demonstrate that you have A) correctly/successfully 
added both IRR and RPKI ROAs for your existing allocations/assignments; and B) 
implemented BGP filtering, if not up to full MANRS, at least done *something* 
to prevent bogons, hijacks, etc.  (This could be as simple as “I maintain my 
prefix-lists by hand and apply them to every connection except my upstream(s)”.)

I don’t know how to solve the multiple chicken-and-egg problems embedded in 
what I just wrote, but something along those lines would be consistent with the 
… huh, can’t find it now, I thought there was some language in ARIN’s mandate 
or policy or something that included “fostering” the development of the 
Internet?

If the solution to the problem is to get Tier-1 & Tier-2 backbones to implement 
filtering, we can drag them along with us.  It’s not an overnight fix, but all 
the little pushes in the right direction add up.  It’s hard to bootstrap your 
way past a chicken-and-egg problem, and I believe it requires deployment of 
sticks, not carrots.

The obvious stick to use would be to put conditions-of-use on any and all 
number resources back in, but we just took out the RDNS provisions, I’m not 
sure there’s any appetite for adding anything new…?

Also – in this hypothetical world where everyone publishes IRR or RPKI data, 
ARIN gains a very effective stick: immediate masking of your ROA data.  Would 
require a well-thought-out enforcement policy, that would be horrible if 
deployed accidentally, but it would be a lot more effective than the, er, 
nearly-nothing ARIN has today.  I don’t love ARIN, in many ways, but it would 
seem to be self-consistent for an org that is being asked to police certain 
aspects of organizational behaviour, to enact policies giving itself the tools 
to do said policing.  OTOH, there’s a very good reason “Judge, Jury and 
Executioner” is an English idiom with negative connotations.

-Adam

Adam Thompson
Consultant, Infrastructure Services
[merlin-email-logo]
100 - 135 Innovation Drive
Winnipeg, MB, R3T 6A8
(204) 977-6824 or 1-800-430-6404 (MB only)
[email protected]<mailto:[email protected]>
www.merlin.mb.ca<http://www.merlin.mb.ca/>

From: David Farmer <[email protected]>
Sent: Thursday, May 2, 2019 12:28 PM
To: Scott Leibrand <[email protected]>
Cc: Adam Thompson <[email protected]>; [email protected]
Subject: Re: [arin-ppml] prop266 - re-framing the discussion

Adam,

Thank you, for trying to reframe the discussion, I think this is a useful 
direction to try to move the discussion forward.

More below;

On Thu, May 2, 2019 at 10:16 AM Scott Leibrand 
<[email protected]<mailto:[email protected]>> wrote:
Do we have any evidence that 1) a significant fraction of BGP hijacking 
(announcement in BGP of address space registered by an RIR to another 
organization that has not authorized them to use it) is being performed by 
organizations that have other address space directly registered to them by an 
RIR?

Or 2) is nearly all hijacking being performed by entities that have no 
relationship with the RIR?

If 1) is true, then ARIN could theoretically revoke an organization’s 
registrations if they used address space that was not registered to them. We 
can of course debate whether we want RIRs to serve as adjudicators of what 
space RIR members are allowed to announce, but there would at least be 
something RIRs could do (kick non-cooperators out of the club of RIR 
registrants) to enforce their decisions if they decided to make them.

But if 1) is false and 2) is true, then it’s not clear what ARIN could do about 
a case of BGP hijacking by someone who doesn’t have any ARIN resources 
registered to them. Can you think of anything we’d actually want ARIN to do in 
that case?

Unfortunately, I believe 1) is false and 2) is true. I'm open to evidence of 
the contrary, but without such evidence, I'm very skeptical of any proposal for 
the RIRs, especially ARIN, to be able to do anything meaningful about the 
situation. Without an enforceable contract with the wrongdoers, I don't see 
what ARIN or the other RIRs can do about the situation.

ARIN’s only authority is to over their registry of who “has” which addresses, 
so the only thing I can imagine they could do would be to threaten to revoke 
unrelated registrations from a transit provider who willfully or negligently 
accepted the BGP announcement of space from an entity it wasn’t registered to. 
But if tier 1 transit providers aren’t willing to filter, let alone depeer, 
each other over hijacking today, it seems unlikely they’d be willing to stop 
accepting formerly legitimate prefixes from a peer or customer network just 
because ARIN is trying to take that space away to punish the network for 
accepting an unrelated hijacked announcement.

One fundamental problem with any proposal for ARIN or the other RIRs to do 
anything about these situations, who determines who is responsible for the 
hijacking event, and to what standard of evidence must the finding be made. The 
preponderance of the evidence or beyond a reasonable doubt? Further, I think 
everyone agrees that Intent matters in these situations, accidents, and 
misunderstandings happen and will continue to happen. Deregistering resources 
because of an accident or a misunderstanding seems an unjust punishment and an 
overaction that will not likely withstand legal scrutiny by the inevitable 
lawsuit.

The fundamental difference between ARIN, and the other RIRs, and an actual 
government is that governments have sovereign immunity or state immunity. This 
is the idea a government cannot be sued without the permission of the 
government itself and they are not subject to the courts of other countries. 
Without such immunity, the actions of ARIN and the other RIRs are subject to 
review by at least the courts of the countries they exist in, if not also by 
the courts of the country where an aggrieved party lives. Further, if one of 
the RIRs were to be found to have acted unjustly in one of these situations, 
the legal repercussions are likely to threaten their very existence.

Having the RIRs decide these situations seems like it risks the existence of 
the RIRs, the courts or law enforcement resolving these situations and making 
lawful orders to the RIRs seems like the only resolution of these situations 
that doesn't risk the existence of the RIRs.

Thanks.

Scott

On May 2, 2019, at 7:18 AM, Adam Thompson 
<[email protected]<mailto:[email protected]>> wrote:
Instead of focusing on whether the current proposal is or isn’t in scope, I 
suggest we re-cast the discussion as follows:


  1.  So far, we have unanimous community agreement that BGP hijacking is bad.
  2.  So far, we have broad agreement that “something ought to be done” about 
BGP hijacking, although detailed opinions vary significantly.
  3.  So what (else) can ARIN do about it?  (Caveat: the answer “nothing” is 
unacceptable to a significant proportion of PPML participants.)

My suggested direction to the AC and/or the board would therefore be:  Find 
something ARIN can do to help combat the problem (more effectively).  If this 
requires expanding the scope of ARIN’s operations or policies, bring that back 
to the membership (possibly via PPML?) with the accompanying financial & legal 
analysis, as usual.

Now the question becomes: what is the most appropriate mechanism, within ARIN’s 
existing policies, to bring a request like that to the AC and/or Board?  It 
seems clear to me that the petition already underway here is not meeting, and 
will not meet, the needs of the community very well.

-Adam

Adam Thompson
Consultant, Infrastructure Services
<image001.png>
100 - 135 Innovation Drive
Winnipeg, MB, R3T 6A8
(204) 977-6824 or 1-800-430-6404 (MB only)
athompson@merlin.<mailto:[email protected]>
--
===============================================
David Farmer               Email:[email protected]<mailto:email%[email protected]>
Networking & Telecommunication Services
Office of Information Technology
University of Minnesota
2218 University Ave SE        Phone: 612-626-0815
Minneapolis, MN 55414-3029   Cell: 612-812-9952
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