[dns-operations] Where to find "DNS resolution path corruption"?

Rodney Joffe rjoffe at centergate.com
Thu Feb 21 02:02:26 UTC 2008


On Feb 20, 2008, at 6:46 PM, Mark Andrews wrote:

>
>> Mark,
>>
>> On Feb 20, 2008, at 3:49 PM, Mark Andrews wrote:
>>>> Now that they actively acknowledge they do things to "manage their
>>>> network" like send RST for bittorrent flows I doubt anyone would
>>>> consider it illegal.
>>> 	They are uttering forged reponses for monetry gain.  Go ask
>>> 	your local Police if that is a criminal offence.
>>
>> While I'm not exactly thrilled at NXDOMAIN redirection (regardless of
>> where it occurs), this is a bit over the top.  I suspect if you read
>> the T&Cs of most Internet service providers, I suspect you'll find
>> wording where they reserve the right to run their network as they see
>> fit...
>
> 	T&C don't put a ISP above the law.  Contract law does not
> 	trump criminal law.

With all due respect Mark, I'm calling bull$hit. Your claim of "They  
are uttering forged reponses for monetry gain." is presumptive. I'd  
suggest at this stage you leave further statements like this to real  
lawyers in appropriate fora. And more specifically to lawyers licensed  
to practice in relevant jurisdictions. My 35 years of actual business  
experience tells me that DLC is likely correct in the US, and T&Cs are  
very relevant in this case. But I'd never make a definitive statement  
regarding whether something is legal or not because IANAL, and I doubt  
many of the people involved in this thread are.

Note: I am not arguing whether "Contract law does not trump criminal  
law."

Lets get back to the technical discussion ;-).




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