[ppml] Revised Policy Proposal Resource Reclamation

[Scott Leibrand]

I would support this (or a substantially similar) policy proposal.  I 
had always read existing policy as implicitly granting ARIN this 
authority, and I believe this proposal reasonably outlines such authority.

-Scott

Owen DeLong wrote:
> The following text replaces the previous version of this policy 
> submitted by
> me.  It incorporates my concerns into a better written policy 
> originally drafted
> by Stephen Sprunk who now joins me as a co-author.
>
>
> 1. Policy Proposal Name: Reclamation of Number Resources
> 2. Author
>   a. name: Owen DeLong, Stephen Sprunk
>   b. email: owen at delong.com, stephen at sprunk.org
>   c. telephone: +1.408.921.6984, +1 214 718-3791
>   d. organization: None Claimed
> 3. Proposal Version: 1.1
> 4. Submission Date: ?
> 5. Proposal type: modify
> 6. Policy term: permanent
> 7. Policy statement:
>
> Add a new sub-section under General Policies as follows:
>
>     Resource Reclamation
>         1. ARIN may review the current usage of any resources 
> allocated or assigned to an organization.  The organization shall 
> furnish whatever records are necessary to perform this review.
>         2.  ARIN may conduct such reviews:
>             a. when any new resource is requested,
>             b. whenever ARIN has cause to believe that the resources 
> had originally been obtained fraudulently, or
>             c. at any other time without cause unless a prior review 
> has been completed in the preceding 12 months.
>         3.  ARIN shall communicate the results of the review to the 
> organization.
>         4.  If the review shows that existing usage is substantially 
> not in compliance with current allocation and/or assignment policies, 
> the organization shall return resources as required to bring them into 
> compliance. If an organization holds multiple ARIN delegations, they 
> may return any number of whole delegations necessary to restore 
> compliance. If an organization holds a single ARIN delegation, they 
> shall return a single aggregate portion of the delegation to restore 
> compliance.
>         5.  If the organization does not voluntarily return resources 
> as required, ARIN may revoke any resources as required to bring the 
> organization into compliance. ARIN shall follow the same guidelines 
> for revocation that are required for voluntary return in the previous 
> paragraph.
>         6.  Return or revocation of resources shall be immediate for 
> billing purposes.
>         7.  ARIN shall not issue any returned or revoked resources to 
> another organization for a minimum of six months after reclamation. 
> ARIN shall negotiate a longer term with the resource holder if ARIN 
> believes the resource holder is working in good faith to restore 
> compliance and has a valid need for additional time to renumber out of 
> the affected blocks.
>         8. The whois database shall indicate that such blocks are 
> scheduled for reclamation and shall display the date determined under 
> the previous paragraph.
>
>
> Delete sections 4.1.2, 4.1.3, 4.1.4
>
> Remove the sentence "In extreme cases, existing allocations may be 
> affected." from section 4.2.3.1.
>
> 8. Rationale:
>
> ARIN feels that current policy does not give them the power to audit 
> or reclaim resources except in cases of fraud, despite this being 
> mentioned in the Registration Services Agreement.  This policy 
> proposal provides clear policy authority to do so, guidelines for how 
> and under what conditions it shall be done, and a guarantee of a 
> (minimum) six-month grace period so that the current user shall have 
> time to stop using any resources to be reclaimed.
>
> The deleted sections/text would be redundant with the adoption of this 
> proposal.
>
> 9. Timetable for implementation: immediate
> 10. Meeting presenter: Owen DeLong
>
> ------------------------------------------------------------------------
>
> _______________________________________________
> This message sent to you through the ARIN Public Policy Mailing List
> (PPML at arin.net).
> Manage your mailing list subscription at:
> http://lists.arin.net/mailman/listinfo/ppml