From info at arin.net Mon Mar 12 12:02:17 2012 From: info at arin.net (ARIN) Date: Mon, 12 Mar 2012 12:02:17 -0400 Subject: [ARIN-consult] ARIN RSA Consultation to Close on 23 March Message-ID: <4F5E1E09.8070209@arin.net> There is still time to make your opinions known about the proposed changes to the ARIN Registration Service Agreement (RSA). Based on feedback from the community and experience executing Registration Service Agreements (RSAs), ARIN has constructed a new RSA, version 11.0, and is seeking community input regarding this new version. Following community consultation and finalization, entities requesting Internet number resources from ARIN will be using this new RSA version 11.0. Existing holders of Internet number resources will also have the opportunity to upgrade to this new version of the RSA. There are notable and substantive changes with this new version. These changes are described in more detail in the original announcement at: https://www.arin.net/announcements/2012/20120222.html The new RSA version 11.0 is available at the following URL: https://www.arin.net/resources/agreements/rsa_draft_ver11.pdf We strongly encourage you to review both the current and proposed versions of the RSA, and to submit your constructive comments to arin-consult at arin.net. Once again, discussion on arin-consult at arin.net will close on 23 March 2012. ARIN seeks clear direction through community input, so your feedback is important. If you have any questions, please contact us at info at arin.net. Regards, Communications and Member Services American Registry for Internet Numbers (ARIN) From mjoseph at google.com Mon Mar 26 11:49:13 2012 From: mjoseph at google.com (Mike Joseph) Date: Mon, 26 Mar 2012 11:49:13 -0400 Subject: [ARIN-consult] Consultation on Registration Services Agreement 11.0 Now Open - corrected URL In-Reply-To: <4F4549E6.5050608@arin.net> References: <4F4549E6.5050608@arin.net> Message-ID: Google would like to propose the following changes to the new RSA draft: 1. Sec. 2(e): We propose a sentence at the end of this section that allows ARIN, where possible, to give the Holder notice of any such governmental or judicial inquiry or order. Suggested language: "However, where legally permitted, ARIN will notify Holder of any such court order or direction, and will give Holder the opportunity to protect its interest in the Service before stopping any Service or terminating this Agreement." 2. Sec. 11(a): Indemnification is a provision designed to deal with third-party claims. A failure to make this explicit could possibly give a right to recover under the indemnity clause for a breach of contract. We would propose clarifying this by adding "by a third party" after "brought or asserted." 3. Sec. 11(b): If a Holder is obligated to indemnify, then they will most likely want to choose and direct their own counsel. Because the Holder is indemnifying ARIN, ARIN does not need the ability to control the disposition of the claim -- that is the role of the indemnifying party. Therefore, we propose a provision like this: "ARIN has the right to approve any counsel retained to defend against any claim in which ARIN is named a defendant, and ARIN will not unreasonably withhold such approval. ARIN has the right to control and participate in the defense of any such claim concerning matters that relate to ARIN, and Holder will not settle any such claim without ARIN's reasonable consent. If, in ARIN's reasonable judgment, a conflict exists between the interests of ARIN and Holder in such a claim, ARIN may retain its own counsel whose reasonable fees will be paid by Holder." 4. Sec. 11(c): As currently drafted, this provision casts a wide net. Proposed rewrite: ?Holder will provide written notice to ARIN promptly of any Claim brought or asserted against any of the Indemnified Parties alleging facts or circumstances that, in any way, whether directly or indirectly, relate to, arise from, or may be connected with the acts or omissions listed in Section 11(a) above.? Thanks for your consideration of these proposed changes. Mike Joseph Google Network Engineering From SRyan at mwe.com Mon Mar 26 11:53:36 2012 From: SRyan at mwe.com (Ryan, Stephen) Date: Mon, 26 Mar 2012 10:53:36 -0500 Subject: [ARIN-consult] Consultation on Registration Services Agreement 11.0 Now Open - corrected URL In-Reply-To: References: <4F4549E6.5050608@arin.net> Message-ID: Thoughtful comments deserving of careful evaluation. Thanks to Google. Stephen M. Ryan McDermott Will & Emery LLP 600 Thirteenth Street, N.W. Washington, DC 20005-3096 sryan at mwe.com (P) 202.756.8333 (F) 202.756.8087 ******************************************************************************************************************* IRS Circular 230 Disclosure: To comply with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained herein (including any attachments), unless specifically stated otherwise, is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter herein. ________________________________________________________________________________ This message is a PRIVATE communication. This message and all attachments are a private communication sent by a law firm and may be confidential or protected by privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained in or attached to this message is strictly prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you. ******************************************************************************************************************* Please visit http://www.mwe.com/ for more information about our Firm. -----Original Message----- From: arin-consult-bounces at arin.net [mailto:arin-consult-bounces at arin.net] On Behalf Of Mike Joseph Sent: Monday, March 26, 2012 11:49 AM To: arin-consult at arin.net Subject: Re: [ARIN-consult] Consultation on Registration Services Agreement 11.0 Now Open - corrected URL Google would like to propose the following changes to the new RSA draft: 1. Sec. 2(e): We propose a sentence at the end of this section that allows ARIN, where possible, to give the Holder notice of any such governmental or judicial inquiry or order. Suggested language: "However, where legally permitted, ARIN will notify Holder of any such court order or direction, and will give Holder the opportunity to protect its interest in the Service before stopping any Service or terminating this Agreement." 2. Sec. 11(a): Indemnification is a provision designed to deal with third-party claims. A failure to make this explicit could possibly give a right to recover under the indemnity clause for a breach of contract. We would propose clarifying this by adding "by a third party" after "brought or asserted." 3. Sec. 11(b): If a Holder is obligated to indemnify, then they will most likely want to choose and direct their own counsel. Because the Holder is indemnifying ARIN, ARIN does not need the ability to control the disposition of the claim -- that is the role of the indemnifying party. Therefore, we propose a provision like this: "ARIN has the right to approve any counsel retained to defend against any claim in which ARIN is named a defendant, and ARIN will not unreasonably withhold such approval. ARIN has the right to control and participate in the defense of any such claim concerning matters that relate to ARIN, and Holder will not settle any such claim without ARIN's reasonable consent. If, in ARIN's reasonable judgment, a conflict exists between the interests of ARIN and Holder in such a claim, ARIN may retain its own counsel whose reasonable fees will be paid by Holder." 4. Sec. 11(c): As currently drafted, this provision casts a wide net. Proposed rewrite: ?Holder will provide written notice to ARIN promptly of any Claim brought or asserted against any of the Indemnified Parties alleging facts or circumstances that, in any way, whether directly or indirectly, relate to, arise from, or may be connected with the acts or omissions listed in Section 11(a) above.? Thanks for your consideration of these proposed changes. Mike Joseph Google Network Engineering _______________________________________________ ARIN-Consult You are receiving this message because you are subscribed to the ARIN Consult Mailing List (ARIN-consult at arin.net). Unsubscribe or manage your mailing list subscription at: http://lists.arin.net/mailman/listinfo/arin-consult Please contact the ARIN Member Services Help Desk at info at arin.net if you experience any issues. ******************************************************************************************************************* IRS Circular 230 Disclosure: To comply with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained herein (including any attachments), unless specifically stated otherwise, is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter herein. ________________________________________________________________________________ This message is a PRIVILEGED AND CONFIDENTIAL communication. This message and all attachments are a private communication sent by a law firm and may be confidential or protected by privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained in or attached to this message is strictly prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you. ******************************************************************************************************************* Please visit http://www.mwe.com/ for more information about our Firm. From info at arin.net Mon Mar 26 14:45:36 2012 From: info at arin.net (ARIN) Date: Mon, 26 Mar 2012 14:45:36 -0400 Subject: [ARIN-consult] Consultation on RSA 11.0 Closed Message-ID: <4F70B950.5090304@arin.net> On 26 March 2012, ARIN concluded its consultation with the community regarding the New Registration Services Agreement (RSA 11.0). ARIN is reviewing the feedback received, and will be reporting back to the community shortly on the next steps in the RSA revision process. Regards, Communications and Member Services American Registry for Internet Numbers (ARIN) From info at arin.net Mon Mar 26 15:11:17 2012 From: info at arin.net (ARIN) Date: Mon, 26 Mar 2012 15:11:17 -0400 Subject: [ARIN-consult] Bulk Whois Terms of Use Consultation Message-ID: <4F70BF55.4070008@arin.net> ARIN is seeking community input regarding proposed changes to the Terms of Use* (ToU) for bulk copies of ARIN Whois data. The current Terms of Use are contained on the Bulk Whois Request Form is available at: https://www.arin.net/resources/agreements/bulkwhois.pdf. The proposed changes contained in the new Terms of Use are two-fold. First, ARIN is aligning standard service language across all of its service agreements, and hence changes in the proposed ToU reflect the changes previously made to the Registration Services Agreement (RSA), Legacy RSA, etc. Second, the proposed changes to the Bulk Whois ToU further clarify permissible and impermissible uses of the Bulk Whois data. The proposed ToU can be found here: https://www.arin.net/resources/agreements/bulkwhois_proposed.pdf ARIN is seeking comments regarding this proposed change through the ARIN Consultation and Suggestion Process (ACSP), available at: https://www.arin.net/participate/acsp/index.html Discussion on arin-consult at arin.net will close at noon EDT, 26 April 2012. We welcome community-wide participation. Please address any process questions to info at arin.net. Regards, Communications and Member Services American Registry for Internet Numbers (ARIN) From info at arin.net Mon Mar 26 16:31:52 2012 From: info at arin.net (ARIN) Date: Mon, 26 Mar 2012 16:31:52 -0400 Subject: [ARIN-consult] Bulk Whois Terms of Use Consultation In-Reply-To: <4F70BF55.4070008@arin.net> References: <4F70BF55.4070008@arin.net> Message-ID: <4F70D238.5090502@arin.net> On 3/26/12 3:11 PM, ARIN wrote: > ARIN is seeking community input regarding proposed changes to the > Terms of Use* (ToU) for bulk copies of ARIN Whois data. The current > Terms of Use are contained on the Bulk Whois Request Form is available > at: > https://www.arin.net/resources/agreements/bulkwhois.pdf. > > The proposed changes contained in the new Terms of Use are two-fold. > First, ARIN is aligning standard service language across all of its > service agreements, and hence changes in the proposed ToU reflect the > changes previously made to the Registration Services Agreement (RSA), > Legacy RSA, etc. Second, the proposed changes to the Bulk Whois ToU > further clarify permissible and impermissible uses of the Bulk Whois > data. > > The proposed ToU can be found here: > https://www.arin.net/resources/agreements/bulkwhois_proposed.pdf > > ARIN is seeking comments regarding this proposed change through the > ARIN Consultation and Suggestion Process (ACSP), available at: > https://www.arin.net/participate/acsp/index.html > > Discussion on arin-consult at arin.net will close at noon EDT, 26 April > 2012. > > We welcome community-wide participation. Please address any process > questions to info at arin.net. > > Regards, > > Communications and Member Services > American Registry for Internet Numbers (ARIN) > > Please note /- "Terms of Use" is replacing "Acceptable Use Policy/" Regards, Communications and Member Services American Registry for Internet Numbers (ARIN) -------------- next part -------------- An HTML attachment was scrubbed... URL: