[ppml] Restrictions on transferor deaggregation in 2008-2: IPv4 Transfer Policy Proposal

[Scott Leibrand]

Michael,

Thank you for your input, and for (separately) clearly registering your 
opposition to the proposal as written.

FWIW, ARIN counsel Steve Ryan provided expert legal advice to the AC 
when we were formulating this proposal, as did Ben Edelman, an economics 
professor and lawyer hired by ARIN to consult on these matters.  (If you 
were at ABQ, he was one of the ones on the market panel.)  I acknowledge 
that we are not experts in law or economics, but we are doing our best 
to engage such experts, and to consider their opinion, as well as that 
of the community, in formulating, revising, and considering this and 
other policy proposals.

If you have any input as to how the IPv4 Transfer Policy Proposal could 
be made to better serve the needs of the community, I'd love to hear it. 
  If your objections center around legal risk, then I would encourage 
you to trust (for the sake of policy development) that ARIN will 
appropriately manage that risk, and address whether the policy would be 
good or bad for the Internet community, and why.

Thanks,
Scott

michael.dillon at bt.com wrote:
>> In addition, I would anticipate that ARIN staff will also be 
>> able to use the prices on the listing service to decide 
>> whether/when to adjust deaggregation thresholds.  If the 
>> per-IP price for smaller blocks gets to be higher than that 
>> for larger blocks, for example, that may mean that more 
>> deaggregation needs to be permitted.
> 
> So, not only will ARIN staff run the registry, and the quotation
> service, but they will also play a role analogous to the Fed's
> role in setting the discount rate?
> 
> And the SEC will just stand by and let you do this because of
> an untested claim that IP addresses are not property, even
> though you are now running a market in pseudo-equity derivatives?
> 
> You do realize that this will all happen at a time when IPv4 address
> supply will be hard to get which means that some orgs who need addresses
> will suffer real financial pain either due to inability to get addresses
> or due to the high price they need to pay for a block. It's almost
> guaranteed that one or more of these organizations is going to either
> sue ARIN or file an official complaint with the SEC or lobby Congress
> to outlaw ARIN. Probably all three. 
> 
> Are you certain that this libertarian/anarchist fantasy market can
> withstand the test of such legal actions? And that it can be correctly
> built by a bunch of non-lawyers who so far have not sought expert legal
> advice?
> 
> --Michael Dillon
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