[arin-ppml] Draft Policy 2009-1: Transfer Policy ?Revisedandforwarded to the Board

[Owen DeLong]

On May 6, 2009, at 1:27 AM, <michael.dillon at bt.com> wrote:

>> The sunset clause was about building trust.  It was about
>> finding a compromise that brought everyone under the same
>> tent.  It was a promise to the unsure that there would be a
>> top-to-bottom review.
>
> Wait a minute, that is not a sunset clause, that is a review
> date. A sunset clause says that something will end on that
> date, period. No review. No renewal. Nothing.
>
No... The difference between a sunset clause and a review
clause is the default outcome of such a review.

If there is a review clause, it just means that a review has
to be conducted, but, absent consensus to do something as
a result of that review, nothing changes.

If there is a sunset clause, then, absent a review and consensus,
the policy expires and we return to the previous state before the
policy was enacted.  This default return is what was expected
by the proponents of the sunset clause and the members of the
community that accepted the proposal on the basis of it containing
a sunset clause.

Personally, I feel that the interaction between the existing
sunset clause and the board's decision to implement on
a much faster timetable than the AC anticipated created
a difficult conundrum for the AC. There were no good options
open to the AC under the circumstance.

> If you want some kind of policy that includes a built-in reveiew
> date then please say so in plain English and don't pussyfoot
> around with redefining the meaning of words and pompous
> language. Instead of attaching an explanation of what you mean,
> hone the wording of the policy until it is clear and
> and unambiguous.
>
The desire was to force a review date with a strong prejudice
for terminating the policy unless there was consensus to continue
it. That's what a sunset clause effectively does.

>> These events have left me smarter though.  I now realize
>> sunset provisions don't work.
>
> Yes they do. After the sunset date, the policy or law is no
> longer operative.
>
Sunset provisions can work, but, the processing of these
two policies (2008-6 and 2009-1) has identified a number
of areas for further evaluation of the ARIN PDP which I
believe the AC and the board will be working on in the
near future and for some time.

>> The promise of a comprehensive
>> review, on a timetable, has already been broken.
>
> That is not a sunset clause.
>
A sunset clause is ONE mechanism for ensuring such a thing
and setting a particular default outcome. There are others with
different default outcomes.

Owen

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