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

[John Curran]

All -

    As noted in Daniel's message, the material change made to the
    transfer policy by the ARIN Board is removal of the 3 year
    sunset clause.  It was the consensus of the Board that this did
    not materially improve the usefulness of the 2008-6, created
    uncertainty for the community, and most importantly represented
    a dangerous precedent of time-based expirations of policy clauses.

    At present, the Board has one tool at its disposal for timely
    modification of policy language, and that is use of the emergency
    policy process.  The Board has already indicated the urgent need
    for a transfer policy and due to the timeliness of the situation,
    it was determined that the best course of action was proceed and
    use to emergency policy process to promptly remove the sunset
    clause rather than risk continued delay of the transfer policy
    via referral back to the AC.

Thanks!
/John

John Curran
Chair, ARIN Board of Trustees
Interim CEO


On Mar 25, 2009, at 3:52 PM, Alexander, Daniel wrote:

>
> 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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