[ppml] Proposed Policy: Requirement for Reasonable Contract Terms
ARIN received the following policy proposal. In accordance with the ARIN
Internet Resource Policy Evaluation Process, the proposal is being
posted to the ARIN Public Policy Mailing List (PPML) and being placed on
The ARIN Advisory Council (AC) will review this proposal and may decide to:
1. Accept the proposal as a formal policy proposal as it is
2. Work with the author to:
a) clarify the language or intent of the proposal;
b) divide the proposal into two (2) or more proposals; or
c) combine the proposal with other proposals; or,
3. Not accept the proposal as a formal policy proposal.
Since this proposal was received within 10 days of the next scheduled
meeting of the ARIN Advisory Council, the review period will be extended
to the regularly scheduled meeting that occurs after the upcoming meeting.
If the AC accepts the proposal or reaches an agreement with the author,
then the proposal will be posted as a formal policy proposal to PPML and
it will be presented at a Public Policy Meeting. If the AC does not
accept the proposal or can not reach an agreement with the author, then
the AC will notify the community of their decision with an explanation;
at that time the author may elect to use the petition process to advance
their proposal. If the author elects not to petition or the petition
fails, then the proposal will be considered closed.
The ARIN Internet Resource Policy Evaluation Process can be found at:
Mailing list subscription information can be found at:
American Registry for Internet Numbers (ARIN)
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Policy Proposal Name: Requirement for Reasonable Contract Terms
Author: Samuel Weiler
Proposal Version: 1
Submission Date: 15 May 2006
Proposal type: new
Policy term: permanent
ARIN may not require as a condition of any application, allocation, or
assignment that the applicant enter into any agreement which either:
1) allows ARIN to modify the agreement without the explicit consent
of the applicant, except via policy changes made through ARIN's
public policy process,
2) allows ARIN to cancel or revoke an assignment or allocation for
failure to execute some future agreement other than a periodic
renewal of the same agreement, so long as the terms of the
renewal agreement are unchanged or reflect only changes required
by public policies, or
3) affects resources other than those being applied for, whether
not yet assigned or previously assigned by ARIN, another
registry, or another source.
This policy shall be interpreted so as to prohibit ARIN from
denying any application for resources on the grounds that an
applicant has failed to make or indicated an unwillingness to make
an agreement that is prohibited by this policy.
This policy seeks to prevent ARIN from requiring certain abhorrent
contract terms as a condition of obtaining or retaining resources
without the explicit approval of those terms through the public
ARIN's present registration services agreement (RSA) allows ARIN to
unilaterally modify the RSA without any further consent from users
of resources. The policy aims to prevent ARIN from including such
terms in the RSA or any other prerequisite to getting an assignment
(e.g., a membership agreement). Users of resources will still be
able to voluntarily accept new RSA terms, if they so wish.
Additionally, certain other RIRs require those applying for
membership or resources to agree to accept those registries' terms
for preexisting resources, whether assigned by that RIR, another
RIR, or by another entity. Item 3 in this policy seeks to prevent
ARIN from requiring such terms. It would still be possible to make
public policy that imposes such requirements.
Timetable for implementation: Immediately upon approval.
Meeting presenter: Samuel Weiler