[arin-ppml] LRSA requirement for resources being transferred (Was: ARIN-prop-136 Services Opt-out Allowed for Unaffiliated Address Blocks

[Jimmy Hess]

On Fri, Feb 25, 2011 at 3:25 PM, Benson Schliesser
<bensons at queuefull.net> wrote:
> The word "fraudulently" is contentious when applied in this
>situation, i.e. applied to transfers that are prohibited solely within
>the context of ARIN policy.  It's not clear that ARIN has the authority
>to interfere with any behavior (including transfer) post-allocation of
>an address block, absent an agreement with the holder.

ARIN doesn't need to "interfere",  because there was no right to
transfer  in the first place stated to be granted when the legacy
networks were originally assigned; it was merely  "Ok, use these
numbers for your network".

It was never "Use these numbers for your network,  but if some day you
don't need them anymore,  they are all yours, feel free to give these
to someone else"

Pre-ARIN the IANA assigned IP addresses to organizations;   nothing
in the RFCs showing that transfer of these  assignments is or would be allowed.

"Fraudulent" transfer perhaps isn't the word to use -- a transfer that
wasn't   effected in the registry is in effect a non-transfer.

I would consider "Fraudulent transfer"  to mean intentionally,
knowingly using false information to get a transfer recognized
by an RIR that is supposed to be invalid under that RIR's
policies,  and that RIR relying on that info / being tricked
into cooperating.


> Cheers,
> -Benson
--
-JH