[ppml] Policy Proposal: IPv4 Transfer Policy Proposal

[Raul Echeberria]

Could the author of the proposal explain what is 
the justification for requiring that the 
transferee should also belong to ARIN's region?
It is only a question and it doesn't imply any 
specific opinion about the topic.

Raúl





At 01:35 p.m. 11/02/2008, Member Services wrote:
>Resending with a typo that has been corrected in 8.4.2 below. The
>original text is supposed to have "24 months" twice in that section.
>
>Member Services
>American Registry for Internet Numbers (ARIN)
>
>
>
>
>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 at their next
>regularly scheduled meeting. The AC may decide to:
>
>    1. Accept the proposal as written. If the AC accepts the proposal, it
>will be posted as a formal policy proposal to PPML and it will be
>presented at a Public Policy Meeting.
>
>    2. Not accept the proposal. If the AC does not accept the proposal,
>the AC will explain their decision via the PPML. If a proposal is not
>accepted, then 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 closed.
>
>The AC shepherds for this proposal are Scott Leibrand and Stacy Taylor.
>
>The AC invites everyone to comment on this proposal on the PPML,
>particularly their support or non-support and the reasoning behind their
>opinion. Such participation contributes to a thorough vetting and
>provides important guidance to the AC in their deliberations.
>
>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/
>
>Regards,
>
>Member Services
>American Registry for Internet Numbers (ARIN)
>
>
>## * ##
>
>
>Policy Proposal Name: IPv4 Transfer Policy Proposal
>
>Author: ARIN Advisory Council
>
>Proposal Version: 1.0
>
>Submission Date: 02/07/2008
>
>Proposal type: modify
>
>Policy term: permanent
>
>Policy statement:
>
>Replace the current NRPM section 8 with the following --
>
>8.         Transfers
>
>[8.1.     Transfers ­ retain as is:
>
>Number resources are non-transferable and are not assignable to any
>other organization unless ARIN has expressly and in writing approved a
>request for transfer.  ARIN is tasked with making prudent decisions on
>whether to approve the transfer of number resources.
>
>It should be understood that number resources are not "sold" under ARIN
>administration. Rather, number resources are assigned to an organization
>for its exclusive use for the purpose stated in the request, provided
>the terms of the Registration Services Agreement continue to be met and
>the stated purpose for the number resources remains the same. Number
>resources are administered and assigned according to ARIN's published
>policies.
>
>Number resources are issued, based on justified need, to organizations,
>not to individuals representing those organizations. Thus, if a company
>goes out of business, regardless of the reason, the point of contact
>(POC) listed for the number resource does not have the authority to
>sell, transfer, assign, or give the number resource to any other person
>or organization. The POC must notify ARIN if a business fails so the
>assigned number resources can be returned to the available pool of
>number resources if a transfer is not requested and justified.]
>
>
>[8.2 ­ remove the word “only”, and retitle to “M&A Transfer Requirements”:
>
>8.2.      M&A Transfer Requirements
>
>ARIN will consider requests for the transfer of number resources upon
>receipt of evidence that the new entity has acquired the assets which
>had, as of the date of the acquisition or proposed reorganization,
>justified the current entity's use of the number resource. Examples of
>assets that justify use of the number resource include, but are not
>limited to:
>
>      * Existing customer base
>      * Qualified hardware inventory
>      * Specific software requirements.]
>
>
>[8.3 ­ retitle to “M&A Transfer Documentation Requirements”:
>
>8.3.      M&A Transfer Documentation Requirements
>
>In evaluating a request for transfer, ARIN may require the requesting
>organization to provide any of the following documents, as applicable,
>plus any other documents deemed appropriate:
>
>      * An authenticated copy of the instrument(s) effecting the transfer
>        of assets, e.g., bill of sale, certificate of merger, contract,
>        deed, or court decree
>      * A detailed inventory of all assets utilized by the requesting
>        party in maintaining and using the number resource
>      * A list of the requesting party's customers using the number resource.
>
>If further justification is required, the requesting party may be asked
>to provide any of the following, or other supporting documentation, as
>applicable:
>
>      * A general listing of the assets or components acquired
>      * A specific description of acquisitions, including:
>            o Type and quantity of equipment
>            o Customer base
>      * A description of how number resources are being utilized
>      * Network engineering plans, including:
>            o Host counts
>            o Subnet masking
>            o Network diagrams
>            o Reassignments to customers]
>
>8.4.      Requirements for Simple Transfer of IPv4 Addresses
>
>After the exhaustion of the IANA IPv4 free pool, ARIN will also process
>IPv4 address transfer requests subject to the following conditions.
>
>8.4.1    Conditions on the transferor:
>
>      * The transferor resides in the ARIN service area.
>      * The transferor has signed an RSA and/or a legacy RSA covering the
>        IPv4 addresses transferred.
>      * The transferor has no outstanding balances with ARIN.
>      * The transferor has not received any IPv4 allocations or
>        assignments from ARIN (through ordinary allocations or
>        assignments, or through this Simple Transfer policy) within the
>        preceding 24 months.
>      * The transferor may not request any IPv4 allocations or assignments
>        from ARIN (through ordinary allocations or assignments, or through
>        this Simple Transfer policy) within the subsequent 24 months.
>
>8.4.2    Conditions on the transferee:
>
>      * The transferee resides in the ARIN service area and intends to use
>        the transferred IPv4 addresses within the ARIN service area.
>      * The transferee has no outstanding balances with ARIN.
>      * The transferee’s need is confirmed by ARIN, according to current
>        ARIN policies, including but not limited to confirmation of
>        utilization rate of any prior IPv4 allocations, assignments, or
>        previously transferred IPv4 addresses held by the transferee.
>      * The transferee signs (or has previously signed) an RSA covering
>        the IPv4 addresses transferred.
>      * The transferee has not provided any IPv4 addresses for transfer
>        through this Simple Transfer process within the preceding 24
>        months.
>      * The transferee may not provide any IPv4 addresses for transfer
>        through this Simple Transfer process within the subsequent 24
>        months, except in the case of business failure.
>      * The transferee may only receive one IPv4 address transfer every 6
>        months.
>
>
>
>8.4.3    Conditions on the IPv4 address block to be transferred:
>
>      * The IPv4 block must comply with applicable ARIN requirements,
>        including minimum allocation size (i.e. NRPM 4.2.2., 4.2.4.,
>        4.3.2., 4.3.6.).  However, an IPv4 allocation or assignment of /24
>        or larger, but smaller than the current minimum allocation size,
>        may be transferred as a whole resource, but may not be subdivided.
>      * The IPv4 block must currently be registered for use within the
>        ARIN service area, either as part of an address block assigned by
>        IANA to ARIN, or as part of a legacy address block allocated
>        within the ARIN service area.
>      * There must exist no dispute as to the status of the IPv4 block or
>        regarding the allocation or assignment of such block to the
>        transferor.
>      * The transferor may retain one contiguous address range out of
>        their original allocation or assignment for their own use, and
>        transfer the other contiguous address range.  If the address range
>        to be transferred consists of multiple non-aggregatable CIDR
>        blocks, each may be transferred to a different transferee.  The
>        retained address range may not be further subdivided or
>        transferred for a period of 12 months.
>
>8.4.4    Fees
>
>      * Completion of a transfer requires payment of a transfer fee
>        according to ARIN’s schedule of fees.
>      * The transferee will be subject to all future ARIN membership and
>        service fees according to the transferee’s total address holdings.
>
>8.4.5    Pre-qualification
>
>      * An interested transferee must seek pre-qualification from ARIN to
>        confirm its eligibility to receive a transfer (including
>        satisfaction of need according to current ARIN policies) before
>        making any solicitation for transfer.  Upon pre-qualification,
>        ARIN will provide the transferee with documentation of the
>        pre-qualification, including the size (CIDR prefix length) of the
>        largest IPv4 address block the transferee is eligible to receive,
>        and the expiration date of the pre-qualification.
>      * An interested transferor must seek pre-qualification from ARIN to
>        confirm its eligibility to offer a transfer (including lack of
>        outstanding balances and having signed an RSA) before offering
>        IPv4 address resources for transfer.  Upon pre-qualification, ARIN
>        will provide the transferor with documentation of the
>        pre-qualification, including the exact network address and size
>        (CIDR prefix length) the transferor is eligible to provide, and
>        the expiration date of the pre-qualification.
>
>8.5.      Safe Harbor for IPv4 Transfers through this Simple Transfer
>Process
>
>IPv4 address resources being made available for transfer shall be exempt
>from ARIN audit until expiration of the transfer pre-qualification or
>completion of the transfer.  In the event that a transfer
>pre-qualification expires, ARIN shall have up to 90 days to initiate an
>audit prior to this exemption being reinstated through subsequent
>transfer pre-qualification. This will not extend the end of the exemption.
>
>8.6.      Simple IPv4 Transfers to or from Organizations Under Common
>Ownership or Control
>
>If an IPv4 transferor or transferee is under common ownership or control
>with any other organization that holds one or more IPv4 blocks, the IPv4
>transfer request must report all such organizations under common
>ownership or control.
>
>When evaluating compliance with IPv4 Simple Transfer conditions, ARIN
>may consider a transferor’s transfer request in light of requests from
>other organizations under common ownership or control with the
>transferor.  Similarly, ARIN may consider a transferee’s request in
>light of requests from other organizations under common ownership or
>control with the transferee.  In evaluating requests from other
>organizations under common ownership or control, ARIN staff will
>consider the relationship between the organizations, the degree of
>coordination between the organizations, and the bona fide use of the
>addresses at issue to determine whether all appropriate conditions are met.
>
>8.7.      Record-keeping and Publication of Simple Transfers of IPv4
>Addresses
>
>ARIN will develop and operate a listing service to assist interested
>transferors and transferees by providing them a centralized location to
>post information about IPv4 blocks available from prequalified
>transferors and IPv4 blocks needed by prequalified transferees.
>
>After completion of the transfer, ARIN will update the registration
>records pertaining to the IPv4 block at issue.  ARIN will adjust its
>records as to the holdings of the transferor and transferee.
>
>After the transfer, ARIN will publish WHOIS data that reflects the
>current allocation or assignment of the transferred block.  ARIN will
>also make available information about any prior recipient(s) of such
>block.  ARIN will also publish a log of all transfers, including block,
>transferor, transferee, and date.
>
>
>Rationale:
>
>The ARIN Board of Trustees asked the Advisory Council to consider a set
>of questions around the depletion of the free pool of IPv4 addresses,
>the transition to IPv6 for Internet address needs in the future, and
>ARIN's possible role in easing the transition.
>
>Over the past few years the AC has spent a great deal of time reflecting
>on these issues as a group, as individuals, and in consultation with
>the community. One outcome of this process is this policy proposal,
>which the AC is submitting for consideration at the next meeting. We are
>proposing some changes to existing ARIN policy regarding the transfer of
>IP address block registrations between subscribers, which will allow for
>the emergence of trade in IPv4 address space, with ARIN to provide a
>listing service for address blocks available for transfer under the
>liberalized policy.  We are aware that this proposal, if adopted, will
>mark a major change in ARIN's role in the community and the Internet.
>
>This policy proposal would create a transfer mechanism for IPv4 number
>resources between those who have excess resources and those who have a
>need, thereby allowing ARIN to continue to serve its mission after IANA
>free pool exhaustion.  This proposal would also set conditions on such
>transfers intended to preserve as much as possible the existing policy
>related to efficient, needs-based resource issuance, and would leverage
>ARIN's extensive control systems, audit trails, and recognized position
>as a trusted agent to avoid speculation and hoarding and diminish the
>likelihood and extent of an uncontrolled 'black market' where the risk
>and potential for fraud is immeasurably higher.
>
>Many of the transfer conditions are self-explanatory, but some worth
>highlighting are that:
>
>      * To discourage speculation, a waiting period (proposed at 24
>        months) is required before a transferee (or ordinary resource
>        recipient) can become a transferor, or vice versa.
>      * Transferees must qualify for IPv4 space (just as they do today
>        when getting it from ARIN) before they can receive address space
>        by transfer, or solicit space on a listing service.
>      * To discourage unnecessarily rapid growth of routing tables, an
>        allocation or assignment may not be arbitrarily deaggregated.  To
>        allow a transferor to downsize within their existing space, they
>        may split off a contiguous address range, once every 12 months,
>        and transfer the resulting netblock(s), which are subject to
>        ARIN’s minimum allocation size, to one or more transferee(s).
>      * A transferee may receive one transfer every 6 months, so they’ll
>        be incented to transfer a block appropriately sized for their
>        needs, which will further discourage deaggregation and keep
>        smaller blocks available for smaller organizations.
>
>The proposal would also have ARIN develop and operate a listing service
>to facilitate transfers and provide an authoritative central source of
>information on space available and requested for transfer.  It would not
>prohibit private party transactions, but would require that potential
>transferors and transferees be pre-qualified first, so that neither
>party will encounter any unexpected surprises when they ask ARIN to
>process the transfer.
>
>Timetable for implementation: Immediately, with most aspects of policy
>taking effect upon IANA exhaustion, per the policy text.
>
>
>
>
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