[ppml] Proposed Policy: Requirement for Reasonable Contract Terms

[Member Services]

ARIN received the following policy proposal. In accordance with the ARIN 
Internet Resource Policy Evaluation Process, the proposal is being 
posted to the ARIN Public Policy Mailing List (PPML) and being placed on 
ARIN's website.

The ARIN Advisory Council (AC) will review this proposal and may decide to:
       1. Accept the proposal as a formal policy proposal as it is 
presented;
       2. Work with the author to:
           a) clarify the language or intent of the proposal;
           b) divide the proposal into two (2) or more proposals; or
           c) combine the proposal with other proposals; or,
       3. Not accept the proposal as a formal policy proposal.

Since this proposal was received within 10 days of the next scheduled 
meeting of the ARIN Advisory Council, the review period will be extended 
to the regularly scheduled meeting that occurs after the upcoming meeting.

If the AC accepts the proposal or reaches an agreement with the author, 
then the proposal will be posted as a formal policy proposal to PPML and 
it will be presented at a Public Policy Meeting. If the AC does not 
accept the proposal or can not reach an agreement with the author, then 
the AC will notify the community of their decision with an explanation; 
at that time the author may elect to use the petition process to advance 
their proposal. If the author elects not to petition or the petition 
fails, then the proposal will be considered closed.

The ARIN Internet Resource Policy Evaluation Process can be found at:
http://www.arin.net/policy/irpep.html

Mailing list subscription information can be found at:
http://www.arin.net/mailing_lists/index.html

Regards,

Member Services
American Registry for Internet Numbers (ARIN)


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Policy Proposal Name: Requirement for Reasonable Contract Terms

Author: Samuel Weiler

Proposal Version: 1

Submission Date: 15 May 2006

Proposal type: new

Policy term: permanent

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.

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.

Timetable for implementation: Immediately upon approval.

Meeting presenter: Samuel Weiler