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

[David Farmer]

I'm one of the AC shepards too, and I would like to try to start some 
discussion of the policy text itself.  Others have and are handling the 
questions around the process issues.  I'm not trying to diminish those 
process issues, I really do think there are serious questions and issues there.  
But, personally I have little to add to that discussion.

However, given the limited time frame on Emergency PDP actions, I want to 
make sure we don't forget to discuss the actual policy text.

So far the only comments about the text itself have been;
 
1. Martin Hannigan made some good comments about the language in 8.1, 
requiring a POC to notify ARIN

For details, see his message dated: 
Tue, 24 Mar 2009 17:34:08 -0400 

2. Other comments about the removal of the 3 year sunset clause, however 
this may be inextricably linked with the process issues I spoke about above, 
so I'm going to leave that alone and let others continue that part of the 
thread.

So what else is there related to the text itself;

1. 2008-6 included the following language, "Number resources may only be 
received under RSA", and I don't see that anywhere in the 2009-1 language. 

John Curran side in the another email "the material change made to the 
transfer policy by the ARIN Board is removal of the 3 year sunset clause."  

If you assume that all resources assigned through the NPRM are covered by 
the RSA then I might agree this is not a "material change" but I would like to 
confirm that interpretation or better understand why this is not included in the 
text of 2009-1.

2. Within 2008-6 the title of section 8.4 was "Emergency Transfer Policy for 
IPv4 Addresses".  In my opinion this title explicitly limited the transfers, other 
than by Mergers and Acquisitions to IPv4 resources only.  In 2009-1 the title 
of 8.3 is "Transfers to Specified Recipients" and doesn't otherwise include 
any specific language to limit this to IPv4 resources only.  Therefore, I must 
conclude this would include IPv6 and ASN resource too.  If this is actually 
the Board's intent, in my opinion this far exceeds the community's intent in 
2008-6 and is definitely another "material change".

Furthermore, if the Board intended this to include IPv6 and ANS resources, 
then why keep the Mergers and Acquisitions section?  I would think the 
Transfers to Specified Recipients section would easily cover that situation, if 
it was intended to cover more that IPv4 resources.

Personally, I like the new title, but either the title needs to include a limitation 
to IPv4 resources or the limitation needs to be in the text of the section.  
Without limitation to IPv4 resource, I think this is a show stopper.

3. Are there parts of 2008-2 the community would want back in without the 
original 3 year sunset clause of 2008-6? 

Personally, I have to think about this one a little more.

Are there any other comments on the text itself?

On 24 Mar 2009 Member Services wrote:

> 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:
> 
> o Existing customer base
> o Qualified hardware inventory
> o 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:
> 
> o 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. o A detailed inventory of all assets utilized by the
> requesting party in maintaining and using the number resource. o 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:
> 
> o A general listing of the assets or components acquired
> o A specific description of acquisitions, including:
> 
> o Type and quantity of equipment
> o Customer base
> 
> o A description of how number resources are being utilized
> o 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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David Farmer				     Email:	farmer at umn.edu
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Networking & Telecomunication Services
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