[ppml] Posting of Legacy RSA and FAQ

Hi,

On Oct 14, 2007, at 6:19 AM, Howard, W. Lee wrote:
> Everyone potentially affected by the Legacy RSA can make up their  
> own minds, with their own legal counsel.

Indeed.

I applaud ARIN for making a constructive effort towards some  
resolution to issues involving "legacy" address space (regardless of  
how it is defined).  These issues will likely become more and more  
critical as the IPv4 is further depleted and it is good to bring  
discussions to the table.  I have no comments about the legal terms  
of the Legacy RSA.  In fact, most of my comments are actually in  
relation to the FAQ.

My concerns:

a) I have been told that given the Legacy RSA is a contractual  
document, the proper mechanism for asking questions about the  
document is the ARIN Consulting and Suggestions process.  The fact  
that ARIN board members are discussing this document on PPML does  
alleviate this concern somewhat, but it would be helpful if an  
official statement regarding the status of the posted Legacy RSA and  
the appropriate venue/mechanism for discussing it were made.

b) The definition of "legacy" address space in the FAQ may be  
confusing given how (at least) APNIC initially operated prior to the  
creation of ARIN.  I might recommend defining legacy address space to  
be something like "address space allocated without a formal agreement  
on the part of the requester and the registry".

c) Q&A 5 of the FAQ states:

"Q5. What will happen to unused number resources I choose to relinquish?

A5. Such resources will eventually be assigned to new applicants who  
can demonstrate the appropriate need for such resources per the need- 
based number resource policies in the ARIN region. If ARIN receives  
more unused resources than are needed in its service area, the number  
resources can be returned to IANA for its use or assignment to other  
RIRs."

I personally believe this to be wholly inappropriate.  IP addresses  
are global resources and returned legacy address space should be  
returned to IANA for disposition according to global policies, not  
returned to ARIN for reassignment by ARIN in the ARIN service area  
according to ARIN policies.

d) in Q&A 6 of the FAQ (or in a new FQA item) it would probably be  
worthwhile to make explicit what ARIN believes its obligations are,  
if any, to legacy address holders who do NOT sign the RSA.

Again, I believe the posting of the Legacy RSA is a good first step  
towards addressing the legacy address space situation.  I look  
forward to further discussions on the policies, both implied and  
assumed, that create the environment in which a Legacy RSA can be  
implemented.

Regards,
-drc
(speaking personally)