ARIN-PPML Message

[arin-ppml] Revised Policy Proposal 2007-14

Policy Proposal 2007-14
Resource Review Process

This proposal has been revised. It is open for discussion on this
mailing list and will be on the agenda at the upcoming ARIN Public
Policy Meeting.

The current policy proposal text is provided below and is also available
at: http://www.arin.net/policy/proposals/2007_14.html

Regards,

Member Services
American Registry for Internet Numbers (ARIN)


Owen DeLong wrote:
> Some last minute changes to address concerns raised by staff and legal.
>
> These changes do not change the intent of the policy.
>
>
> Changes include:
> 	Paragraph 3 replaced with language proposed by staff
> 	Paragraph 8 replaced with language proposed by counsel
>
> I apologize for the last minute nature of these changes, however,
> the staff, counsel, and the authors have been working diligently
> over the last several days to address these issues as a result of
> the information in the recent staff/legal assessments posted to the
> list.
>
> Thanks,
>
> Owen
>
> Policy statement:
>
> Add the following to the NRPM:
>
> Resource Review
>
> 1. ARIN may review the current usage of any resources issued by ARIN  
> to an organization. The organization shall furnish whatever records  
> are necessary to perform this review.
>
> 2. ARIN may conduct such reviews:
>
> a. when any new resource is requested,
> b. whenever ARIN has cause to believe that the resources had  
> originally been obtained fraudulently, or
> c. at any other time without cause unless a prior review has been  
> completed in the preceding 24 months.
>
> 3. At the conclusion of a review in which ARIN has solicited  
> information from the resource holder,  ARIN shall communicate to the  
> resource holder that the review has been concluded and what, if any,  
> further actions are required of said resource holder.
>
> 4. Organizations shown to be substantially out of compliance with  
> current ARIN policy shall return resources as needed to bring them  
> into (or reasonably close to) compliance.
>
> 4a. The extent to which an organization may remain out of compliance  
> shall be based on the best judgment of the ARIN staff and shall  
> balance the organizations utilization rate, available address pool,  
> and other factors as appropriate so as to avoid forcing returns which  
> will result in near-term additional requests or unnecessary route de- 
> aggregation.
>
> 4b. To the extent possible, entire blocks should be returned. Partial  
> address blocks shall be returned in such a way that the portion  
> retained will comprise a single aggregate block.
>
> 5. If the organization does not voluntarily return resources as  
> required, ARIN may revoke any resources issued by ARIN as required to  
> bring the organization into overall compliance. ARIN shall follow the  
> same guidelines for revocation that are required for voluntary return  
> in the previous paragraph.
>
> 6. Except in cases of fraud, an organization shall be given a minimum  
> of six months to effect a return. ARIN shall negotiate a longer term  
> with the organization if ARIN believes the organization is working in  
> good faith to substantially restore compliance and has a valid need  
> for additional time to renumber out of the affected blocks.
>
> 7. ARIN shall continue to maintain the resource(s) while their return  
> or revocation is pending, except no new maintenance fees shall be  
> assessed for the resource(s).
>
> 8. This policy does not create any additional authority for ARIN to  
> revoke legacy address space. However, the utilization of legacy  
> resources shall be considered during a review to assess overall  
> compliance.
>
> 9. In considering compliance with policies which allow a timeframe  
> (such as a requirement to assign some number of prefixes within 5  
> years) failure to comply cannot be measured until after the timeframe  
> specified in the applicable policy has elapsed. Blocks subject to such  
> a policy shall be assumed in compliance with that policy until such  
> time as the specified time since issuance has elapsed.
>
>
>
> Delete NRPM sections 4.1.2, 4.1.3, 4.1.4
>
> Remove the sentence "In extreme cases, existing allocations may be  
> affected." from NRPM section 4.2.3.1.
>
> Rationale:
>
> ARIN feels that current policy does not give them the power to review  
> or reclaim resources except in cases of fraud, despite this being  
> mentioned in the Registration Services Agreement. This policy proposal  
> provides clear policy authority to do so, guidelines for how and under  
> what conditions it shall be done, and a guarantee of a (minimum) six- 
> month grace period so that the current user shall have time to  
> renumber out of any resources to be reclaimed.
>
> The nature of the "review" is to be of the same form as is currently  
> done when an organization requests new resources, i.e. the  
> documentation required and standards should be the same.
>
> The intent of paragraph 2c is to prevent ARIN from doing more than one  
> without-cause review in a 24 month period.
>
> The renumbering period does not affect any "hold" period that ARIN may  
> apply after return or revocation of resources is complete.
>
> The deleted sections/text would be redundant with the adoption of this  
> proposal.
>
> Timetable for implementation: Immediate
>
>
>
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