[ppml] Policy Proposal: Resource Reclamation Incentives

[michael.dillon at bt.com]

> Y got its IP addresses according to the rules, before ARIN existed.
> ARIN can't just arbitrarily change the rules on them, 
> whatever you want it to do.

Changing the rules is not necessarily aritrary. ARIN can and does change
the rules but it does so in an open and consultative manner.

> > Organizations which do not enagage with each other in ARIN are the 
> > rogues who refuse to negotiate.
> 
> No, in Y's view, ARIN is the rogue that is trying to change 
> the rules out from under it.

ARIN is not merely a 3rd party. ARIN is the forum in which all IP
networking industry participants discuss issues and reach a consensus on
how the shared resources will be managed. The courts have already
recognized that ARIN is not a rogue organization.

> Actually, ARIN's lawyer apparently has predicted the legal 
> outcome, and his prediction is that ARIN would lose...

Where is that? Here are some words that ARIN's lawyer did say quoted
from 
http://www.arin.net/meetings/minutes/ARIN_XVIII/ppm1_transcript.html

(Search for RYAN to find his words)
-----
We received the order approximately two years after it had been issued.
It was provided to us in a formal way, and Mr. Kremen asked us to obey
the order. That is, to revoke the IP resources that were held by Mr.
Cohen and transfer them to Mr. Kremen. We agreed to do so, so long as
Mr. Kremen would do what all of you have done since ARIN began in 1998,
which is apply for the resources and sign the normal RSA. Mr. Kremen
refused to do that and has refused to the current date. His theory is
that he doesn't have to do that because he has a court order, and our
theory is that we have a certain set of rules and requirements, and that
you have to obey the rules and requirements of the community, and we
don't read the court order as giving Mr. Kremen a permanent pass from
the rules that all of you obey.
...
We revoked resources that were held by Mr. Cohen or his associates that
were covered by the 2001 order when they were not paid for. In other
words, by our own processes, we were very aggressively trying to recover
these resources so that they weren't out there.
...
First, we've gone back to the court and said that the court in its 2001
order ought to consider modifying the order to make it clear that Mr.
Kremen, like everyone else, has to sign an RSA and has to pay for the
resources in the future.
...
One is that Mr. Kremen is a legacy address holder. He has legacy address
blocks.
-----

Then in http://www.arin.net/media/clarification-granted.pdf the judge
says:
-----
1. Kremen shall submit a Registration Services Transfer Application
("Application") to
request a transfer of the IP Resources identified as Blocks 1, 3, and 4
above;
2. ARIN shall approve Kremen's Application for Blocks 1, 3, and 4, once
received. ARIN
shall afford Kremen the option of signing Registration Services
Agreement 2, 3, or 9, as
described above;
3. Once Kremen has signed RSA 2, 3, or 9, ARIN shall immediately revoke
Blocks 1 and 4
from their current recipients. ARIN shall transfer Blocks 1, 3, and 4 to
Kremen;
4. In lieu of Block 5, which is no longer within ARIN's control, ARIN
shall provide a
substitute ASN to Kremen. ARIN's transfer of this ASN to Kremen shall be
on the same
terms as its transfer of Blocks 1, 3, and 4;
5. ARIN will not be required to revoke Block 2, as that IP Resource has
never been within
ARIN's control;
6. Kremen will not be responsible for overdue payments regarding the IP
Resources
described in this Order prior to the date of this Order, but shall be
responsible for paying
ARIN for routine services hereafter, pursuant to the terms of his RSA
with ARIN;
7. If, for any reason related to its policies, ARIN cannot comply in
transferring or issuing
the IP Resources described in this Order, ARIN will notify the Court
immediately so that
the Court can consider what, if any, remedial action.
-----

The fact is that ARIN may never end up in court even if it does take
unilateral action. And when ARIN does end up in court, the decisions
will be made based on the details of the case, not broad brushstrokes
that we discuss on a mailing list. ARIN does have expert legal advice
and it is unlikely that ARIN will take unilateral action that is clearly
untenable in the law. However, the law is notorious for grey areas and
the legal system does include appellate courts and the Supreme court as
well as international adjudication venues (treaties like NAFTA, ICJ in
the Hague). ARIN could conceivable lose at first and win later. When we
reach the point where IPv4 addresses are really scarce, the NAFTA
tribunal could rule that this is in effect a hidden subsidy, and the DOC
will knock on ARIN's door and ask politely could ARIN please revoke
legacy resources and reallocate them to organizations who have signed
the RSA and have paid their fees.

It's all about an open and level playing field.

--Michael Dillon