[arin-ppml] ARIN-prop-136 Services Opt-out Allowed for Unaffiliated Address Blocks

Milton L Mueller mueller at syr.edu
Fri Feb 25 12:38:36 EST 2011


> -----Original Message-----
> You can't have it both ways.
> 
> Either:
> 
> 1) The USG had the authority to allocate addresses to legacy holders, and still
> has the authority to delegate management of those address to ICANN ->
> NRO -> ARIN, or
> 
> 2) The USG has no authority in the matter, and thus legacy holders have no
> claim in the first place.
> 
>          

False dichotomy. If the USG has no authority and legacy holders are currently holding the resource, most legal precedents and norms of justice would continue to let them hold it and dispose of it as they see fit. At least in this country, people who occupy unowned resources get to continue occupying them in the absence of any higher claim. 
                       



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