[ARIN-consult] [arin-announce] Reminder: Consultation onRegistration ServicesAgreement - MORE

[Mike Burns]

I’m disinclined to believe the underground boogeyman argument here any more 
than I believed it in the other places you have made it.

Owen


There are more things in heaven and earth, Owen,
Than are dreamt of in your philosophy.

I can guarantee you that shell corporations are being bought and sold for 
their IPv4 assets without notice to ARIN.
Facts are hard to come by, what with non-disclosure terms being the norm.
However we do have access to a very few public transactions like the famous 
Nortel sale of a bunch of blocks, none of which referenced Nortel in Whois. 
Real, not boogeyman. Because the relevant 8.2 transfers did not happen (ex 
post facto, they did).

The same thing happens today. We tell clients in these cases where they 
acquire shell corporations that they are free to apply for an 8.2 transfer 
if they wish to see the addresses registered in their name. If they don't 
want to undergo the process, they have the option of simply relying on their 
legal documentation of company ownership to verify their ownership rights, 
and leave the block in the acquired company's name at ARIN.

This proposed version of the RSA would directly affect holders who were 
acquiring addresses in this way who also held other  blocks. What do you 
think their option will be when you put another obstacle in the way of those 
might consider bringing some blocks under RSA?

It's the opposite of your stated goal of less of the "blight" of non-RSA 
space.

It's not unusual now to see companies who have done prior transfers and who 
own a mix of RSA and non-RSA space.

I agree the impact will be marginal, but we are really still in the first 
moments of the nascent ARIN market, and I think we all expect more transfers 
in the future.   So marginal, yes, but to what end do we require this 
expansive renunciation of property rights? Do we believe that this decision 
will not be rendered by a court, but instead by language in the often 
changing and legally frail RSA?

Marginal, so whatever, my two cents.

Regards,
Mike