[arin-ppml] IPv4 Depletion as an ARIN policy concern

[Joe Maimon]

William Herrin wrote:

> 
> You don't, at least not without changing the legal underpinnings on
> which ARIN functions. The "legacy" addresses were handed out without
> any provisions for the involuntarily canceling the registration.

But they were not handed out by ARIN under contractual relationship.

What legal obligation or theory prevents ARIN from updating a record in 
their database associating one string of numbers with one organization 
or another?

ARIN does not actually ever do more than that. No ISP's are bound by 
contract to route according to that. ARIN's actions neither provide or 
deprive any other entity of any property or abilities.

It is the belief in the collective behavior of the entities who make up 
the global network to assign meaning to ARIN's database that causes it 
have the relevance it enjoys now.

The desire to preserve that situation is most likely many times more 
compelling then any legal theory about obligations that possibly do not 
exist.

> It's
> been that way so long that the doctrine of laches comes into play even
> if someone could find a sound legal theory taking the addresses back.

I am looking for a sound legal theory why the numbers cant be associated 
the in ARIN database to anyone they wish.

Is there any legal theory why I cant create my own database and 
associate any string of numbers to anyone I wish? What makes ARIN different?

> 
> ARIN could probably get away with escheating addresses that the
> registrant of record declines to defend. They could certainly get away
> with demanding payment for RDNS delegation. They might possibly be
> able to get away with subtracting your legacy space from your
> justifiable non-legacy space. But that's about the limit.
> 
> Regards,
> Bill Herrin
> 

If the argument is what ARIN can get away without legal battle, thats a 
much smaller territory. The answer is that they can get away with only 
so much as does not seriously annoy more litigation happy entities then 
they want to deal with.

Joe