[ppml] Proposed Policy: RSA Modification Procedure - not accepted by AC as formal policy proposal

[Sam Weiler]

On Fri, 5 May 2006, Member Services wrote:

> "It is the sense of the Advisory Council that proposed policy 'RSA
> Modification Procedure' is fundamentally an operational issue and thus
> is a matter that can best be addressed by the ARIN Board of Trustees.
> The Advisory Council will send this information to the ARIN Board of
> Trustees."

I disagree with the AC on this one.  To the extent that RSA terms
create significant barriers to getting resources, it's appropriate for
those terms to come under scrutiny in the public policy process.

That said, I still have some faith in the staff's ability to handle
the details of contract negotiation, and I don't want to review every
minor change to the RSA -- I'd like to leave most of the discretion to
set contract terms in their hands.

Hence I've crafted a policy proposal that isn't as broad as the one
the AC just rejected.  This proposal doesn't strictly force all RSA
changes to go through public review.  Instead, it just prevents ARIN
from erecting a few particular barriers to getting resources without
getting those barriers endorsed through the public policy process.

I hope that we never need a proposal like this again.  I hope that
future changes in the prerequisites to getting access to resources,
whether contractual or financial, are run by the community in an
informal but effective way, much as ARIN did with a minor change to
the IRPEP recently.  If we find ourselves repeating this exercise even
as often as once a year, then we probably need a policy as broad as
the one the AC just rejected.  In the meantime, I think this is a
reasonable and less intrusive option.

-- Sam

1. Policy Proposal Name: Requirement for Reasonable Contract Terms

2. Author

 	Samuel Weiler
 	weiler at tislabs.com
 	SPARTA, Inc.

3. Proposal Version: 1

4. Submission Date: 15 May 2006

5. Proposal type: new

6. Policy term: permanent

7. Policy statement:

    ARIN may not require as a condition of any application, allocation, or
    assignment that the applicant enter into any agreement which either:

    1) allows ARIN to modify the agreement without the explicit consent
       of the applicant, except via policy changes made through ARIN's
       public policy process,

    2) allows ARIN to cancel or revoke an assignment or allocation for
       failure to execute some future agreement other than a periodic
       renewal of the same agreement, so long as the terms of the
       renewal agreement are unchanged or reflect only changes required
       by public policies, or

    3) affects resources other than those being applied for, whether
       not yet assigned or previously assigned by ARIN, another
       registry, or another source.

    This policy shall be interpreted so as to prohibit ARIN from
    denying any application for resources on the grounds that an
    applicant has failed to make or indicated an unwillingness to make
    an agreement that is prohibited by this policy.

8. Rationale:

    This policy seeks to prevent ARIN from requiring certain abhorrent
    contract terms as a condition of obtaining or retaining resources
    without the explicit approval of those terms through the public
    policy process.

    ARIN's present registration services agreement (RSA) allows ARIN to
    unilaterally modify the RSA without any further consent from users
    of resources.  The policy aims to prevent ARIN from including such
    terms in the RSA or any other prerequisite to getting an assignment
    (e.g., a membership agreement).  Users of resources will still be
    able to voluntarily accept new RSA terms, if they so wish.

    Additionally, certain other RIRs require those applying for
    membership or resources to agree to accept those registries' terms
    for preexisting resources, whether assigned by that RIR, another
    RIR, or by another entity.  Item 3 in this policy seeks to prevent
    ARIN from requiring such terms.  It would still be possible to make
    public policy that imposes such requirements.

9. Timetable for implementation: Immediately upon approval.

10. Meeting presenter:  Samuel Weiler