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

[Scott Leibrand]

If this were still 2008-6, we could indeed do that.  2009-1, however, 
since it was created by the Board using the emergency PDP, is not yet 
"owned" by the AC the same way a normal policy would be, so I don't 
think we have the authority to modify it like we could a normal policy.

> 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.

If the Board adopts the policy after  we get done with the emergency 
discussion period and make our recommendation, it looks like the policy 
will come back to the public policy meeting and the AC, which I presume 
will then follow the normal process.  So perhaps we could make such 
revisions then...

As you may have gathered, we're all trying to figure out this new PDP as 
we go along.  Thanks for raising the questions: it forces me to think 
through what's possible, and how best to do what we want to do.

-Scott

Martin Hannigan wrote:
> Scott,
>
> Thinking out of the box a bit, let me ask you another question. Why
> shouldn't we address the entire section in this single review since
> the new PDP allows for this and the modification addresses the same
> section?
>
> Best,
>
> Martin
>
>
>
> On 3/24/09, Scott Leibrand <scottleibrand at gmail.com> wrote:
>   
>> True, but I don't think we should make such changes using the emergency
>> PDP unless they're critical.  Since we're essentially in a highly
>> abbreviated (almost last-call like) review period for this emergency
>> draft policy, I think we're best off focusing on the changes the Board
>> made in the emergency policy.
>>
>> I do think it would be worthwhile to clean up the old M&A transfer
>> policy (and others have said so as well, including staff in some of
>> their assessments of 2008-2), so I would welcome a policy proposal to do
>> so (using the normal PDP).
>>
>> Do you have any specific opinion on the changes between 2008-6 and
>> 2009-1, such as the removal of the 3-year sunset clause?
>>
>> Thanks for your well-thought out non-circus-act contributions thus far,
>> on this and all the other draft policy proposals.
>>
>> -Scott
>>
>> Martin Hannigan wrote:
>>     
>>> Scott,
>>>
>>> This posting says "replace section 8". I think that opens the policy
>>> up to feedback on all sections.
>>>
>>> -M<
>>>
>>>
>>>
>>> On Tue, Mar 24, 2009 at 5:49 PM, Scott Leibrand
>>> <scottleibrand at gmail.com <mailto:scottleibrand at gmail.com>> wrote:
>>>
>>>     Martin,
>>>
>>>     Those sections are already in the NRPM. If you think they need
>>>     changed, I think it would be best to make a new proposal to do so.
>>>
>>>     Do you have any (more) feedback on the changes proposed here?
>>>
>>>     Thanks,
>>>     Scott
>>>
>>>     On Mar 24, 2009, at 2:34 PM, Martin Hannigan
>>>     <martin.hannigan at batelnet.bs <mailto:martin.hannigan at batelnet.bs>>
>>>     wrote:
>>>
>>>       
>>>>     My contribution is related to the policy. I reserve my right to
>>>>     provide an act for the circus at a later date.
>>>>
>>>>     On Tue, Mar 24, 2009 at 1:00 PM, Member Services <info at arin.net
>>>>     <mailto:info at arin.net>> wrote:
>>>>
>>>>     [ clip ]
>>>>
>>>>
>>>>
>>>>         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.
>>>>
>>>>
>>>>
>>>>     Stating that the POC has no rights and then requiring them to
>>>>     take action on our behalf seems questionable. I don't think we
>>>>     can require a POC to do anything.
>>>>
>>>>     I'd be in favor of this if the work was ARIN's and it was
>>>>     effective. "Upon notification of a major negative change in a
>>>>     Corporations status" might work and leaving  the door open for
>>>>     methods of surveillance to implement this section of the policy
>>>>     would be useful, IMHO.
>>>>
>>>>     The rewrite may read:
>>>>
>>>>     "Number resources are issued based on justified need to
>>>>     organizations and not to individuals that represent those
>>>>     organizations. Upon notification that a major negative event
>>>>     related to the Corporations solvency [define these in defintions]
>>>>     has occurred, ARIN will freeze all assigned  provider independent
>>>>     "PI" address space, ASN's, and affiliated resources deemed
>>>>     necessary to protect ARIN assigned number resources and their
>>>>     disposition. Changes to these resources during the negative event
>>>>     will be processed in a manner consistent with ARIN policy and
>>>>     agreements in effect at the time of the negative event".
>>>>
>>>>
>>>>     [ clip ]
>>>>
>>>>     Not in love with the M&A requirements. Too broad in depth and
>>>>     breadth. We've been here before so I don't need to repeat.
>>>>
>>>>     Best Regards,
>>>>
>>>>
>>>>     Martin
>>>>
>>>>
>>>>     _______________________________________________
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>>>>         
>>>       
>
>