[arin-ppml] Draft Policy 2009-1: Transfer Policy (Using theEmergency PDP)

Tue Mar 24 16:09:06 EDT 2009

2008-6 met with great resistance when it was presented in the past.  While
the text of 2008-6 says it's intent is not to create a market that is
exactly what it does.  

I continue to stand firm against p2p transfer policies and I find the boards
use of emergency powers to implement such a policy against or in spite of
the wishes of the community abusive.

I do not think there is much I can do other than whine, and this does show
to me the futility of trying to be active and part of the process.  I guess
that money wins out and people will do whatever it takes to create the
artificial IP address market.  

This leaves me quite disheartened and with a much less confidence in ARIN
administration.  

Kevin Kargel

> -----Original Message-----
> From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net] On
> Behalf Of Member Services
> Sent: Tuesday, March 24, 2009 12:00 PM
> To: arin-ppml at arin.net
> Subject: [arin-ppml] Draft Policy 2009-1: Transfer Policy (Using
> theEmergency PDP)
> 
> Draft Policy 2009-1
> Transfer Policy
> 
> The ARIN Board of Trustees has declared a policy emergency and is making
> use of the Emergency PDP provision in the ARIN Policy Development
> Process to revise policy.
> 
> At their meeting on 6 February 2009 the ARIN Board of Trustees, based on
> the recommendation of the ARIN Advisory Council and noting that the
> Policy Development Process had been followed, adopted Draft Policy
> 2008-6: Emergency Transfer Policy for IPv4 Addresses.
> 
> Then at their meeting on 8 March 2009, the Board noted there is a gap in
> the transfer policy that limits the availability of IPv4 address space
> at a time when otherwise available IPv4 address space will become
> scarce, and declared this gap an emergency. The Board initiated the
> Emergency PDP of the Policy Development Process in order to revise the
> transfer policy (both the existing transfer policy and the policy just
> adopted).
> 
> Per the Emergency PDP, the draft policy below is being posted to the
> Public Policy Mailing List for 10 business days of discussion and review
> by the community. The emergency discussion period ends 7 April 2009.
> Within 5 business days of the end of discussion the Advisory Council
> will, having reviewed the comments on the list, review the draft policy
> and make a recommendation to the Board of Trustees. The Board may adopt
> or reject the draft policy. If the Board adopts the policy, it will be
> presented at the next public policy meeting for reconsideration.
> 
> We encourage you to discuss Draft Policy 2009-1 on the PPML. The
> discussion on the list will be used by the AC to determine the community
> consensus regarding adopting this as policy.
> 
> Draft Policy 2009-1: Transfer Policy is available below and at:
> https://www.arin.net/policy/proposals/2009_1.html
> 
> The ARIN Policy Development Process can be found at:
> https://www.arin.net/policy/pdp.html
> 
> Policy 2008-6: Emergency Transfer Policy for IPv4 Addresses can be found
> at:
> https://www.arin.net/policy/proposals/2008_6.html
> 
> Regards,
> 
> Member Services
> American Registry for Internet Numbers (ARIN)
> 
> 
> ## * ##
> 
> 
> Draft Policy 2009-1
> Transfer Policy
> 
> Originator: ARIN Board of Trustees (using the Emergency PDP provision in
> the ARIN Policy Development Process)
> 
> Date: 24 March 2009
> 
> Policy statement:
> 
> Insert into the ARIN Number Resource Policy Manual as follows:
> 
> Add Section 2.8:
> 
> "Organization. An Organization is one or more legal entities under
> common control or ownership."
> 
> Replace Section 8 as follows:
> 
> 8. Transfers
> 
> 8.1. Principles
> 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. Mergers and Acquisitions
> ARIN will consider requests for the transfer of number resources in the
> case of mergers and acquisitions 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.
> 
> 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) affecting 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
> 
> 8.3 Transfers to Specified Recipients
> Number resources may be released, in whole or in part, to ARIN for
> transfer to another specified organizational recipient, by any
> authorized resource holder within the ARIN region. Such transferred
> number resources may only be received by organizations that are within
> the ARIN region and can demonstrate the need for such resources in the
> exact amount which they can justify under current ARIN policies.
> 
> #####
> 
> Notes:
> 
> Most of the existing Section 8 is left unchanged. List of changes:
> 
> 2.8 New.
> 8.1 Changes from "Transfers" to "Principles."
> 8.2 Changes from "Transfer Requirements" to "Mergers and Acquisitions."
> 8.2 The word "only" is removed.
> 8.3 Merged up into 8.2.
> 8.3 Edited version of the adopted 2008-6.
> 
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