[arin-ppml] ARIN-prop-136 Services Opt-out Allowed for Unaffiliated Address Blocks

Benson Schliesser bensons at queuefull.net
Fri Feb 25 04:27:37 EST 2011

On Feb 25, 2011, at 2:36 AM, Bill Woodcock wrote:
> On Feb 25, 2011, at 12:31 AM, Benson Schliesser wrote:
>> Where does such authority come from?
> - From the same government that allocated the addresses to the legacy holder in the first place.
> You can't have it both ways. 

That seems fair - I agree.

> Either:
> 1) The USG had the authority to allocate addresses to legacy holders, and still has the authority to delegate management of those address to ICANN -> NRO -> ARIN, or
> 2) The USG has no authority in the matter, and thus legacy holders have no claim in the first place.

Option #1 above is perfectly reasonable.  There is a DoC contract with ICANN for the IANA function.  In the Joint Project Agreement related to that IANA contract, the DoC instructs ICANN to maintain legal agreements with the RIRs.  A review of the NRO history reveals only a non-binding letter of affirmation with the NRO, but let's just assume that is adequate.  In the affirmation letter, ICANN delegates responsibility for allocating addresses and "facilitating" development of policies.  I do not see the delegation of other powers such as "reclamation" authority etc.  Maybe I'm missing something?


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