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

[Alexander, Daniel]

Well this one has created quite a fuss. As the AC Shepherd for 2009-1,
let me throw in my own thoughts, and then I'll wait for further
clarification from the authors.

2008-6 was sent to the BoT by the AC and was adopted according to the
minutes. https://www.arin.net/about_us/bot/bot2009_0206.html

The AC left the door open for the BoT, in their reasoning for accepting
2008-6. The policy, once ratified by the ARIN BoT, would be
"implemented" when the BoT deemed necessary. This appears to be exactly
what is going on. 2008-6 is ratified, and will be implemented by the
Board when they see fit. It even points out in the text of the proposal
that the expectation wasn't until IANA exhaustion.

It appears that the BoT has reservations about the language of 2008-6,
and rather than waiting another couple years for us to hash this out on
the mailing list, created 2009-1 to provide a proposal that would
clarify their concerns. In the interest of expediency, they would like
to use their emergency powers to offer 2009-1 as an alternative, and are
looking for feedback.

This proposal doesn't appear to uproot the work done by the community,
or the AC. As I put the existing language in the NRPM next to the text
of 2009-1, it simply clarifies some wording that is listed in the
"notes" and adds the text of 2008-6. 

The one item that was removed was the sunset clause. This always seemed
redundant to me anyways, since all policies are only valid until changed
by a subsequent policy. Every policy really has a sunset clause
implicitly built into them. 

It would be helpful if people could reply and point out how the text of
2009-1 would fundamentally change the current policy and what was
accepted in 2008-6.

Disclaimer- These are only my interpretations and I cannot speak for the
BoT.

Thanks,
Dan Alexander
ARIN AC hat on


-----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 1:00 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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