Case 3:18-cr-04683-GPC Document 222-1 Filed 11/23/20 PageID.2303 Page 1 of 3
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`Exhibit A
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`

`

`Case 3:18-cr-04683-GPC Document 222-1 Filed 11/23/20 PageID.2304 Page 2 of 3
`
`US v. Bychak, et al, 18cr4983-GPC
`Sample Transcript References to ARIN
`
`Speaker Quote
`Court
`“[I]n the face of clear instruction to look at the four
`corners of the indictment, I cannot imagine that further
`briefing would affect my ultimate final decision on this,
`given the nuances, given the disputes that exist, as to
`what the precise conditions of these pre-ARIN
`registrants was.”
`Wiechert “[T]he Court finds that at this time it lacks the
`factual record necessary to determine whether IP
`addresses assigned prior to the creation of the ARIN on
`December 22, 1997, are property for purposes of wire
`fraud statutes. And if there was supplemental briefing
`to expand that factual record, that might at least
`preclude the need for a trial.”
`“So, the first, I want to say, three exhibits, Exhibits A, B,
`and C, are excerpts from the Registration Services
`Agreements from ARIN. And specifically, we chose
`these because they came around or just before the
`time frame alleged in the indictment. What we are
`asking the Court to take judicial notice of is these
`statements were made.”
`“[T]he take-away is that ARIN, the authoritative entity,
`was taking the position the IP addresses were not
`property at the time frame alleged in the indictment.”
`
`Rim
`
`Rim
`
`Cite
`Transcript of Oral Arg.
`at 5:17-5:21, ECF 166
`(Apr. 8, 2020)
`
`Transcript of Oral Arg.
`at 6:5-6:12, ECF 166
`(Apr. 8, 2020)
`
`Transcript of Oral Arg.
`at 15:19-15:25, ECF
`203 (July 16, 2020)
`
`Transcript of Oral Arg.
`at 17:4-17:6, ECF 203
`(July 16, 2020)
`
`Court
`
`“Then it's asking me to take note of more than just
`[that ARIN is] an authoritative entity but as to what
`their respective position was at a particular time.”
`
`Transcript of Oral Arg.
`at 17:6-17:9, ECF 203
`(July 16, 2020)
`
`Rim
`
`“I know that we are going back to the ARIN statement,
`and that's because that's the pertinent inquiry.”
`
`Rim
`
`“We are offering to the Court -- we are offering that the
`Court accept that, in 2011, ARIN said in their RSA IP
`addresses are not property. We are asking the Court to
`accept that, in 2004, ARIN said in their RSA IP addresses
`are not property. They said the same thing in 2007.”
`Bernstein “I think it's important to not lose sight of the fact
`that what precipitated this initial motion from the
`defendants was the government's own [ARIN]
`declaration offered at document 107-1.”
`
`Transcript of Oral Arg.
`at 28:10-28:11, ECF
`203 (July 16, 2020)
`Transcript of Oral Arg.
`at 32:3-32:7, ECF 203
`(July 16, 2020)
`
`Transcript of Oral Arg.
`at 62:10-62:12, ECF
`203 (July 16, 2020)
`
`

`

`Case 3:18-cr-04683-GPC Document 222-1 Filed 11/23/20 PageID.2305 Page 3 of 3
`
`Court
`
`Court
`
`“And to have this information available from ARIN that,
`at one point or another or repeatedly, they have taken
`the position that IP address netblocks are not property,
`it seems to me that . . . it's salient that ARIN, who --
`they may not be a government agency, but they are
`darned important in terms of this concept of netblocks -
`- that they have articulated a view . . . .”
`“[I]t strikes me that [ARIN’s position] is salient and this
`is something that makes this particular motion so
`difficult to address
`Bernstein “We are actually saying there was a heavy debate
`whether IP addresses were property, and that [ARIN]
`the official organization that was to police IP addresses
`said that they were not. We are acknowledging there
`was a debate.”
`“ARIN has gone on record as stating that these IP
`netblocks are not property”
`
`Court
`
`Rim
`
`Court
`
`Court
`
`
`
`“This is the position ARIN has taken, in Exhibit E. I am
`not saying the Court has to adopt ARIN's position, but
`what I am saying is that the Court needs to consider the
`implications of whether or not Congress intended for
`federal courts and federal prosecutors and juries to be
`the ones to decide policy on IP addresses. That is not
`what Congress has signaled. It has signaled that IP
`address policy should be determined by ARIN experts,
`nongovernment experts, in how the internet should
`work.”
`“Because it is intangible, because it has this background
`with ARIN and their observations, it does lead me to
`want to address this earlier rather than later.”
`“[E]specially given the history of how these netblocks
`came to exist, given ARIN's position as to whether or
`not these things are property or not, given the
`decisions that have come to conclude -- and I think, as
`of this moment, in my mind, there's no question that
`these netblocks have been recognized as property
`interest, but the fact is that those cases have been slow
`in coming.”
`
`Transcript of Oral Arg.
`at 64:15-64:22, ECF
`203 (July 16, 2020)
`
`Transcript of Oral Arg.
`at 65:1-65:3, ECF 203
`(July 16, 2020)
`Transcript of Oral Arg.
`at 68:20-68:24, ECF
`203 (July 16, 2020)
`
`Transcript of Oral Arg.
`at 69-14-69:15, ECF
`203 (July 16, 2020)
`Transcript of Oral Arg.
`at 75:6-75:14, ECF 203
`(July 16, 2020)
`
`Transcript of Oral Arg.
`at 79:7-79:9, ECF 203
`(July 16, 2020)
`Transcript of Oral Arg.
`at 14:20-15:1, ECF 215
`(Oct. 1, 2020)
`
`