[arin-ppml] Legacy Space authority
michael.dillon at bt.com
michael.dillon at bt.com
Fri May 2 10:47:51 EDT 2008
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> This is probably a dumb question, but who does have authority > over legacy assignments? It's not so dumb. The situation is rather complex so it isn't easy to give a definitive answer nor is it easy to sort out who really has authority. It's like asking who has authority over you. At first you will probably tell me that you are an adult and nobody has authority over you. But what if you are walking down the street and a police officer orders you to turn around and leave the area? You no longer have authority to continue walking down the street. What if you are enjoying a meal in the restaurant when a firefighter bursts in and orders everyone to leave the building due to a gas leak down the street. You no longer have the authority to finish your meal. And what if you are on an airplane and the flight attendant orders you to sit down. Do you have the authority to continue standing? So far, if you think about it, you could probably identify the chain of authority that backs up these other people who are claiming authority over you, and you would probably accept that the circumstances above do describe a situation in which you have less than full authority over yourself. All of these situations have many years (sometimes centuries) of precedence which explain and support the claim. Then we come to IP addresses. There is clearly less time for any precedents to have been formed so fewer people are able to answer your question about legacy assignments. For instance, there is a concept called delegation. You may own some shares in a company and have the authority to cast one vote per share. But you can delegate this authority to another person and now they can cast the vote. So if some organization had authority over legacy allocations at the time they were made, did they delegate this authority to ARIN? Or, at the time the allocations were made, was the authority to make them delegated by a 3rd party (Department of Commerce), who then delegated that authority to ARIN? By now it should be clear that we are getting into legal territory where the nuances need to be carefully examined by people who have special knowledge of such things as "authority". This is a huge grey area, where we regularly see things decided one way, and then years later, redecided in a different way. Law is not simple, and it is usually never cut and dried. Is it illegal to kill someone? No, of course not. Any soldier who is on a battlefield and following the rules of engagement can kill again and again without breaking laws. --Michael Dillon
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