Hallam-Baker, Phillip wrote:
Barry is right about plaintifs using the BCP in littigation,
I would also expect to see the IETF drawn into littigation if
it published a BCP that endorsed collateral damage or keeping
the identity of a blacklist secret to avoid littigation.
Can you give an example of any other IETF BCP or any other
IETF document
used in litigation? For example was any ISP ever sued for not
following
guidelines in RFC 3013 (BCP 46) - "Recommended Internet
Service Provider
Security Services and Procedures"?
Can you think of any other instance where vexatious lawsuits
have been started so freely?
Having the law on your side does not mean that it will not cost
a huge sum to defend. The IETF cannot afford $500,000 defending
itself in an unnecessary lawsuit.
In any case, at this time this is a research document within
the scope of the ASRG's charter.
I will still strongly advise that it be suppressed, regardless
of the contents.
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