Steve,

> On 01 Aug 2016, at 14:42, Stephen Kent <[email protected]> wrote:
> 
> Tim,
> 
> 
>> 
>> Although I appreciate that Randy is trying to explain the case in terms 
>> anyone can understand, it would be preferable to keep it general.
> agreed.
>> 
>>> (Including a parenthetical note about the historical precedent of a Dutch 
>>> court order involving RIPE is relevant and might be included.)
>> 
>> If there was such a precedent, but there isn't. I have raised this before, 
>> but again...
> I am familiar with the incident. While it is true that the court did not 
> order RIPE to do anything with RPKI data, the precedent it set has often been 
> cited as an indication of what might happen in the future. That's why the 
> adverse actions document identifies the following cause for some types of 
> actions:
> There is also the possibility that a CA or repository operator may be subject 
> to legal measures that compel them to generate "bogus" signed objects or 
> remove legitimate repository data.
> This is the sort of more formal language I have encouraged Randy to use in 
> the LTA use cases doc, to no avail.

You will notice that I did NOT object to this being raised as a possibility as 
such.

I object to presenting a different case altogether as a precedent to support 
the impression that it's not a question of if, but when this will happen.

This is not constructive.

It would be lot more constructive to explain to law enforcers how such an 
action would be ineffective, and ultimately counter productive. Wording like 
this might help:

    Law enforcement would be ill-advised to take this cause of action as it 
will degrade the trust that
    operators place in the global RPKI. Not only can operators use local policy 
to circumvent the "bogus"
    objects - making it an ineffective measure, abuse of this power will also 
lead to operators choosing
    not to use RPKI at all. This in turn will mean that critical internet 
infrastructure will remain
    vulnerable to hijacks.

In short it should be made clear to "law enforcement" that there is no 
precedent, and that this is very much against their own interests. If they want 
to ban some traffic, there are much more reliable methods at their disposal, 
with much less collateral damage.

Tim

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