On Dec 7, 2005, at 7:01 AM, Hallam-Baker, Phillip wrote:
Behalf Of Douglas Otis
Black-holing is exactly how the BGP version of the list works.
All traffic is "black-holed" for that IP address. The term
blacklist also has other legal meanings that should be avoided if
possible.
IANAL but I have little respect for legal strategies that
disrespect the intelligence of the court.
A black-hole list is clearly maintained for the same purposes as a
blacklist. You do not avoid legal liability by changing the name.
The terms 'black-hole' or 'block-list' are arguably indicative of
the intended use of the list. If anything they make the legal
situation worse.
This is not about just another protocol, but represents an activity
that offers opinions that may result in litigation. Avoiding the
entrenched terminology "blacklist" has been helpful in our
experience, and the advice obtained for moving forward. The intent
of most lists is to offer an opinion that traffic should be _blocked_
or _black-holed_ based upon a network identifier. This intent would
not be related to the legally encumbered "blacklist" as found in many
Federal and state laws pertaining to individuals. Clarifying this
detail may prove an otherwise needless legal expense, well before
being heard in court. It is not a matter of court intelligence, but
rather strategies used by bad-actors. The intelligent strategy would
avoid loaded terminology that _will_ be used to invoke additional
regulations.
-Doug
_______________________________________________
Asrg mailing list
Asrg(_at_)ietf(_dot_)org
https://www1.ietf.org/mailman/listinfo/asrg