[arin-ppml] Policy Proposal 108: Eliminate the term license in the NRPM

Fri Feb 12 09:44:09 EST 2010

Joe Maimon wrote:
> I support this policy proposal, as it conforms to my viewpoint that 
> numbers cannot confer rights of property in any way, allocations are 
> only an entry in a database operated and owned by a registrar and any 
> impact registrars have on the configuration of routers and hosts and the 
> operating of networks is due to consensus and not force of law.
> 
> While my viewpoint would favor stronger language on the subject than is 
> contained in the proposal, it is a significant step in the right direction.

How would you suggest we make the language stronger?  I believe the 
language is fairly strong already, but I'm willing to consider 
suggestions you might have.

The idea was to clearly state that number resource are not property and 
that the RSA and the policies in the NRPM are in control of how number 
resource are allocated and assigned.

In my view the NRPM shouldn't should like a contract, that kind of 
language generally belongs in the RSA.  But this is an important enough 
concept that having it stated in both the NRPM and the RSA makes sense.

This got started because of section 6.4.1 currently in the NRPM and 
especially its use of the term license.  So, at almost the last minute, 
I though of searching the NRPM for any other uses of the term license, 
and found the one in 11.4 too.  It seemed that it could be eliminated 
without a complete rewrite of that section.  This change to 11.4 could 
probably have been made as a editorial change, but since 6.4.1 needed a 
complete rewrite and such a change needed to go through the PDP, it 
seemed appropriate to tack this additional simple change on to that process.

This is on a fast track to try to make it on to the Toronto meeting 
agenda, so any suggestions you might have would be appreciated by early 
to the middle of next week.

> Thanks David.
> 
> Joe
> 
> 
> 
> Member Services wrote:
>> ARIN received the following policy proposal and is posting it to the
>> Public Policy Mailing List (PPML) in accordance with Policy Development
>> Process.
>>
>> This proposal is in the first stage of the Policy Development Process.
>> ARIN staff will perform the Clarity and Understanding step. Staff does
>> not evaluate the proposal at this time, their goal is to make sure that
>> they understand the proposal and believe the community will as well.
>> Staff will report their results to the ARIN Advisory Council (AC) within
>> 10 days.
>>
>> The AC will review the proposal at their next regularly scheduled
>> meeting (if the period before the next regularly scheduled meeting is
>> less than 10 days, then the period may be extended to the subsequent
>> regularly scheduled meeting). The AC will decide how to utilize the
>> proposal and announce the decision to the PPML.
>>
>> In the meantime, the AC invites everyone to comment on the proposal on
>> the PPML, particularly their support or non-support and the reasoning
>> behind their opinion. Such participation contributes to a thorough
>> vetting and provides important guidance to the AC in their deliberations.
>>
>> Draft Policies and Proposals under discussion can be found at:
>> https://www.arin.net/policy/proposals/index.html
>>
>> The ARIN Policy Development Process can be found at:
>> https://www.arin.net/policy/pdp.html
>>
>> Mailing list subscription information can be found
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>>
>> Regards,
>>
>> Member Services
>> American Registry for Internet Numbers (ARIN)
>>
>>
>> ## * ##
>>
>>
>> Policy Proposal 108: Eliminate the term license in the NRPM
>>
>> Proposal Originator: David Farmer
>>
>> Proposal Version: 1.0
>>
>> Date: 2 February 2010
>>
>> Proposal type: modify
>>
>> Policy term: Permanent
>>
>> Policy statement:
>>
>> Delete section 6.4.1 and replace with a new section;
>>
>> 1.1 Number resources are not property
>>
>> To serve the interests of the Internet community as a whole, number
>> resources are not property (real, personal, or intellectual). The
>> allocation and assignment of IP addresses, ASNs, and other number
>> resources are subject to the terms of the ARIN Registration Services
>> Agreement, the policies in this document, and any amendments as may be
>> made to either one.
>>
>> Modify section 11.4 by removing “on a lease/license basis”, leaving the
>> following;
>>
>> 11.4 Resource Allocation Term and Renewal
>>
>> The Numbering Resources are allocated for a period of one year. The
>> allocation can be renewed on application to ARIN providing information
>> as per Detail One. The identity and details of the applicant and the
>> allocated Numbering Resources will be published under the conditions of
>> ARIN's normal publication policy. At the end of the experiment,
>> resources allocated under this policy will be returned to the available
>> pool.
>>
>> Rationale:
>>
>> As part of the discussion of Policy Proposal #106 the issue of the use
>> of the term “license” in section 6.4.1 and that it is not likely in
>> harmony with the ARIN Registration Services Agreement was recognized.
>> The AC feels that this issue is important enough to make it a separate
>> Draft Policy that stands on its own.
>>
>> This section could not be fixed by simple editorial changes and it
>> requires a complete rewrite in order to fix the issues. It was further
>> recognized that the concept that “Number resources are not property” is
>> not exclusively an IPv6 issue and should be moved out of section 6, so
>> that it is clear that it applies to all number resources.
>>
>> Finally, the rest of the NRPM was searched for any additional uses of
>> the term “license”. One additional use was found in section 11.4, in
>> this case deleting it and a few other words surrounding it, fixes the
>> issue without significantly changing the meaning of the section.
>>
>> Timetable for implementation: Immediate
>>
>>
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