[arin-ppml] Use of the specified transfer policy (was: "Leasing" of space via non-connectivity providers)

[John Curran]

On Feb 7, 2011, at 11:59 PM, Benson Schliesser wrote:

> Except that the current LRSA forces the holder to waive any claim of property rights and cannot be terminated without forfeiting the legacy addresses, encumbering the holder's legal recourse to redress.  And while it is in force there is no guarantee that the policy and contracts applied to ARIN participants (including the potential recipients) will remain consistent.  

That is correct, and parallels the situation that all other resource holders
face as well.  If the community changes policies by which number resources 
are managed, then the resources get managed by the new policies.

> I agree that this assurance has value.  But the value of ARIN's vetting is minimal unless ARIN 1) is able to represent itself as the sole legal "authority" in the matter of address allocations, as applied to the legacy address block, and/or 2) is willing to provide some form of insurance against loss (title insurance?) due to incorrect vetting.

With regarding to #1, ARIN is the sole maintainer of the ARIN WHOIS 
database, and so based on the policies developed by the community.  
I'm not aware of anyone offering such insurance, but then, that does
not preclude someone from trying to sell such.

> For any recipient of addresses under the transfer policy, because of the RSA requirement, there is real risk associated with the ongoing ability to use an address block.  The RSA has a very one-sided auto-update provision as well as the forfeiture at termination clause, and ARIN policy is subject to change.  You might argue that the risk is the same as RIR-provided addresses historically, and I wouldn't object.  
 
Correct.

> Further, the risks associated with the LRSA/RSA don't apply to legacy holders that have not signed the LRSA, making non-encumbered address blocks much more appealing.

Attempting to transfer a legacy block contrary to policy entails risk.

> Given my comments above, I hope you're recognize that there are concerns applicable to buyers other than "speculators or address squatters".

Absolutely, particularly with respect to the "uncertainty" regarding 
changes to policy while post-LRSA.  I expect its a matter of outlook
regarding transfer demand; I expect the period post-LRSA to be very
brief given that every request for space in 6 to 9 months is going 
to be a potential recipient.

/John

John Curran
President and CEO
ARIN