[arin-ppml] Legacy Space authority
jmaimon at chl.com
Fri May 2 11:41:29 EDT 2008
michael.dillon at bt.com wrote:
>> This is probably a dumb question, but who does have authority
>> over legacy assignments?
> Then we come to IP addresses. There is clearly less time
> for any precedents to have been formed so fewer people
There is no authority over what IP addresses I can type into my equipment.
> So if some
> organization had authority over legacy allocations at the
> time they were made, did they delegate this authority to
> ARIN? Or, at the time the allocations were made, was the
> authority to make them delegated by a 3rd party (Department
> of Commerce), who then delegated that authority to ARIN?
The authority the registries have comes directly from the entities who
participate on an ongoing basis in creating the network of networks,
called the Internet.
Since they choose to participate in the Registry system, that is the sum
total of the Registries authority.
> By now it should be clear that we are getting into legal territory
The legal territory is only with regards to the contractual
relationships formed by the registries or by the predecessors or
successors in interest.
> where the nuances need to be carefully examined by people who
> have special knowledge of such things as "authority".
Unless I missed something, there is pretty skimpy legal history
concerning utilization of "non-registry" blessed IP addresses in
You cant have your cake and eat it too. If it isnt property, it cant be
owned, it can only be governed by contracted relationships.
Furthermore, to stand up and declare it as property is fairly tough to
swallow, as its just a series of numbers with no inherent value. The
actual value is in the Internet's entities collective choice to route
those numbers to the entity wishing to use them, enabling the entities
effective use of those numbers on the Internet.
This is usually without any contractual relationship involved beyond
immediate upstreams or peers.
To claim as personal property routing slots in tens of thousands of
other network entities routers seems to be a bit of a stretch.
After all, what legal recourse what random Arin "customer" have were
some never affiliated with ARIN or any registry ever entity manage to
have the Arin's customer prefix announced into BGP, originated from
their own network? Tortious interference, perhaps. But ARIN has no
contract or authority over that entity. Likely they would with the
entities upstream and things would proceed in that direction.
And what legal recourse would an ARIN customer have when network
entities refuse to route those numbers to them? At this time, ARIN
explicitly disavows any attempt to claim such authority.
Perhaps in the US that wouldnt matter, ICANN or DOC would claim it as
their own (illegal) authority, if they felt like it, and perhaps the US
court system would enable that.
Now I think the Registry system is just grand and want to see everybody
continue along with the self produced and self governing system. But
that doesnt give anybody property rights or contractual rights where
none existed prior.
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