[arin-ppml] Please try the strong arm tactics first - was Re: ARIN-prop-136 Services Opt-out Allowed for Unaffiliated Address Blocks

[Ted Mittelstaedt]

On 2/25/2011 12:49 PM, Benson Schliesser wrote:

> But I'm coming from the perspective that transfers
> (bypassing ARIN policy) are already happening, and that ARIN would
> better serve the community by recognizing them.
>

Why?  If they are happening outside of the ARIN transfer policy
then they are fraudulent.

There is no incentive for non-fraudulent transfers to happen and the
participating bodies to NOT register them with ARIN.  None at all.
Even if they are purely ignorant, the moment ARIN contacts them
they register and that is that.

Thus if they are not registering, they are doing so in order to
conceal, because they are doing something against the rules.

> If we want to go the other path, and force all transfers to comply
> with ARIN policy, then we have a difficult legal position with regard
> to legacy holders.  If all legacy holders were under LRSA then we'd
> be fine.  Or if there was some unambiguous delegation of regulatory
> authority then we'd be fine.  But ARIN is just a 501(c)6 business
> league with a loosely-defined ICANN relationship.  I'm not sure that
> strong-arm tactics will work.

I would prefer that we try the strong arm tactics first.  If they don't
work then we can then entertain "another alternative"  But just lying 
down and giving up, without even trying, is utter B.S.

There are thousands of legal, honest, orgs who are paying the yearly
transfer fees, signed the RSA, and did what was needed to meet the
requirements.  They deserve something better than an RIR that is
a limp, wimp, for their money.  The RIR may not win in the end but
I would gladly see most of my org's fee go to making the miscreant pay 
dearly in legal fees to get away with a fraudulent transfer.

Ultimately there's more of us than of the miscreants.  We also have an 
almost inexhaustible supply of money in yearly fees to keep funding the 
fight from now until IPv4 becomes unused on the Internet.

For an org to deliberately set out to fraudulently obtain legacy
resources and not follow the rules, is in my opinion, very stupid.

The only thing stupider would be for us as a community to seriously
entertain the idea that orgs that are intent on obtaining addresses
outside of the rules should be allowed to have any kind of alternative.
That is just going to encourage misbehavior and you might as well not
have an RIR system then, and let everyone pull any old IPv4 and IPv6
addresses out of their asses.

For an example of why you cannot adopt a "hang-em-high" attitude I would 
suggest you examine the CAN-SPAM act in the United States and how well 
that has worked.


Ted