[arin-ppml] Policy Proposal: Sunset Clause for Liberalized Transfer Policy

[David Farmer]

I am of mixed mind on this proposal.  I support this or a very similar proposal 
progressing to Draft Policy and being presented at ARIN XXIV this fall for 
discussion and consideration.  However, my current opinion is the transfer 
policy is better off without a sunset clause.  That said, I'm not strongly 
opposed to a sunset clause and don't think a well crafted Sunset Clause with 
a thoughtfully selected date to be a great detriment either.  

Let me explain in more detail;

2009-1 was initiated through the Emergency PDP clause of the PDP, and I 
believe this was correct for the board to do as this issue has progressed to 
the point where urgent action is necessary.  As such 2009-1 will be 
presented for review at ARIN XXIV this fall as well.  Therefore, I believe it is 
prudent and proper to present the counter proposal for the primary point of 
contention arising from the 2009-1 at the meeting as well.  In this way if the 
community's consensus were to be that a Sunset Clause should be restored 
another policy meeting cycle would not be necessary to implement the 
communities consensus.  

IPv4 exhaustion and the Transfer Policy debate are the most important 
issues that ARIN has dealt with since it was created by far.  Furthermore, 
2009-1 is the first time an emergency policy process has been used.  
Honestly, it is only the most important issues, which will always have some 
controversy surrounding them, that warrant the use of emergency powers.  
Therefore, it is very important how we settle the controversy surrounding 
emergencies, even if it has to be done after the fact because of the urgent 
nature of an emergency situation.    

Therefore, I ask all of us that support 2009-1 as it written, without the Sunset 
Clause, to think about being in the minority position of the next very 
important very urgent issue that results in a use of emergency powers and 
how you would like to see that controversy settled.

In that case, and in this one too, I would like the minority position to have the 
opportunity to fully express their opinion and directly place their best counter 
proposal in front of the community for discussion and consideration.  This is 
especially important when emergency powers are used, the emergency PDP 
changes the order from the normal process to having the full discussion and 
consideration after the policy is adopted.

So to summarize, I support this proposal moving forward to Draft Policy and 
to be brought to ARIN XXIV for discussion and consideration, while I do not 
support the ultimate policy objective of the proposal.  One way or another the 
removal of the Sunset Clause as part of 2009-1 is going to be discussed at 
ARIN XXIV.  I simply suggest we take the issue head-on through this 
proposal.

David Farmer

On 4 Jun 2009 Member Services wrote:

> ARIN received the following policy proposal and is posting it to the
> Public Policy Mailing List (PPML) in accordance with Policy
> Development Process.

...

> ## * ##
> 
> 
> Policy Proposal Name: Sunset Clause for Liberalized Transfer Policy
> 
> Proposal Originator: Owen DeLong
> 
> Proposal Version: 1.0
> 
> Date: 4 June 2009
> 
> Proposal type: delete
> 
> Policy term: permanent
> 
> Policy statement:
> 
> Section 8.3, "Transfers to Specified Recipients", of the NRPM is
> deleted upon the effective date of this policy.
> 
> Rationale:
> 
> When the community reached consensus in   support of 2008-6, it
> contained a sunset clause.   In the process of developing 2009-1, the
> sunset clause was removed. The effect of this policy proposal is to
> restore the sunset clause while adopting a more rational date at which
> to sunset the policy.
> 
> Timetable for implementation:
> 
> 31 December, 2013
> or
> 3 years after IANA issues the last /8s to the RIRs,
> whichever is later.
> 


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David Farmer                                      Email:farmer at umn.edu
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