[arin-ppml] Different Approach to the Transfer and Market issue- input requested

[Scott Leibrand]

Azinger, Marla wrote:
> The current text has measures to address and discourage vigilantes.

I think this text, and other similar related sections, encourage 
vigilante-ism:

 >> -The original "finder" is eligible for receipt of the addresses if
 >> they are currently eligible per ARIN policy to receive more addresses
 >> and the addresses are not transferred to a chain of custody that was
 >> discovered during investigation.

> Please clarify what your concern is regarding the squatter part so that we can discuss specifics.

Firstly, the term "squatter" is undefined, and has a number of negative 
connotations.  For example:

 >> Addresses that are squatted and efficiently used will be granted
 >> amnesty if the addresses are self reported, back billing is reconciled
 >> and any applicable RSA is signed.  Partial returns and amnesty can be
 >> granted to squatted addresses under this policy.

This could be taken to mean that someone who has never been assigned a 
resource could start using it, thereby bypassing normal process.  Or, it 
could mean that we intent to start considering legacy holders to be 
squatters.  Either interpretation seems bad to me, and I'm not sure which 
is worse.

> Thank you for your input
> Marla

Thank you,
Scott

> -----Original Message-----
> From: Scott Leibrand [mailto:sleibrand at internap.com]
> Sent: Friday, October 17, 2008 11:50 AM
> To: Azinger, Marla
> Cc: ppml at arin.net; schiller at uu.net
> Subject: Re: [arin-ppml] Different Approach to the Transfer and Market issue- input requested
> 
> I would oppose this if proposed as written.  I think it is dangerous to encourage vigilantes to get involved in reclamation efforts.  I am also concerned about the "squatter" language.
> 
> I think the direction we need to go on reclamation is to direct ARIN to find and reclaim netblocks registered to organizations who are no longer around, and aggressively reclaim resources involved in attempted fraud.  I don't think we need new policy there (beyond 2007-14).
> 
> -Scott
> 
> Azinger, Marla wrote:
>> Hello-
>>
>> As promised here is an alternative proposal.  It has not officially
>> been submitted in order to gain community feedback and revision before
>> submitting.  Thank you everyone that has already shown interest in
>> persuing this alternative approach.  Please be advised that this is a
>> suggested new section to NRPM in addition to keeping the current
>> section
>> 4.6 Voluntary Partial Returns and Amnesty.
>>
>> If you are here at ARIN please find Marla Azinger or Jason schiller at
>> the breaks to discuss.  Cheers!
>>
>> *Name: Active Reclamation of abandoned number resources*
>>
>>
>> *Rational:*
>>
>> This policy addresses the following:
>>
>>    1. Find, reclaim and re-use unused number resources.
>>    2. Give incentive to keep unused number resources out of the black
>>       market.
>>    3. Assist ARIN in cleaning up the database.
>>    4. Provide an incentive to self identify and return unused resources.
>>    5. Increase efficient utilization of ARIN number resources.
>>    6. Help ease the transition to IPv6.
>>    7. Help ensure fair re-distribution of resources to those who need them.
>>
>>
>> *NRPM#: Active Reclamation of abandoned number resources*
>>
>> ARIN will actively investigate and ensure abandoned ARIN number
>> resources including legacy resources that are under ARIN management
>> are returned to the ARIN address pool for recirculation.  Any one may
>> submit a report of abandonment for ARIN to investigate.  ARIN may
>> investigate abandonment without a report when ARIN has reason to
>> believe it has been abandoned.
>>
>>
>>
>> ARIN can use their discretion to determine if someone is abusing this
>> policy by submitting multiple reports with poor evidence of
>> abandonment.  This will result in a loss of claim to all reports
>> currently in progress by the perceived abuser  ARIN has the right to
>> reject investigation requests if they deem the reporting entity is
>> abusing the policy.
>>
>>
>>
>> Addresses that are squatted and efficiently used will be granted
>> amnesty if the addresses are self reported, back billing is reconciled
>> and any applicable RSA is signed.  Partial returns and amnesty can be
>> granted to squatted addresses under this policy.
>>
>>
>>
>>             *Management of abandoned number resources*
>>
>> -ARIN will keep a Lost Property Office via a direct link from the main
>> ARIN website.
>>
>> -ARIN will publicly list all number resources that are reported
>> abandoned on the Lost Property Office site and the status of the
>> investigation.  Stats of recovered space through the abandoned number
>> resources will be provided bi-annually at the ARIN Members Meetings.
>>
>> - ARIN will take measures to identify a chain of custody or successor
>> in interest to the last known POC.  If the successor is determined,
>> the block will be transferred to the successor under current ARIN policy.
>>
>> - If the number resources are not valid for transfer to the successor
>> and the original finder is not eligible to receive the number
>> resources then the block will be added back into the ARIN address pool for re-use.
>>
>> -The original "finder" is eligible for receipt of the addresses if
>> they are currently eligible per ARIN policy to receive more addresses
>> and the addresses are not transferred to a chain of custody that was
>> discovered during investigation.
>>
>> - If an investigation reveals a successor who is unaware of their
>> number resources, ARIN can decide if there is good faith and
>> sufficient justification for the successor to keep the resources.
>> Partial returns and amnesty can be granted to sucessors for blocks
>> revealed in and investigation under this policy.
>>
>> -Before ARIN re-uses allegedly abandoned resources ARIN will work with
>> ISP's to route these resources no less than 90 days in order to
>> validate they are not in use.
>>
>> -The original "finder" will receive a "finders" compensation for the
>> listing when either resolution occurs.  *For example a credit could be
>> put towards their annual fees.
>>
>> -To report an abandoned block, send a request for investigation via
>> the Abandoned Block Template.
>>
>>             *Examples of Abandoned number resources:*
>>
>>             - Unused Legacy (e.g. swamp)
>>
>>             -Business failure and the number resources are not
>> currently assigned nor in use.
>>
>>             -Bad recordkeeping by an otherwise functional entity.
>>
>>             -Squatted space that is not self reported.
>>
>>
>>
>>
>> ----------------------------------------------------------------------
>> --
>>
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