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

[Ted Mittelstaedt]

On 2/25/2011 5:01 PM, Jimmy Hess wrote:
> 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.
>

What did ARIN promise the legacy holders, that is the $64K question,
when ARIN was formed and took over the assignment function from IANA?

It is my understanding they promised them nothing other than maintaining
the existing whois database.  It is also my understanding that none
of the "promises" were anything other than verbal ones, thus legally
meaningless.  They certainly did not take the form of any legally
enforceable contract.

This kind of thing happens all the time, people say "I'll wash your
car for $5 next Wednesday" and then Wednesday comes and they are too
busy.  Without a written contract between each legacy holder and ARIN 
the legacy holders have nothing and all of the creative manipulations of 
the adverse possession law that I have read here isn't going to change that.

The Legacy holders have more when they sign the LRSA than they ever had.

Ted


>
>> Cheers,
>> -Benson
> --
> -JH
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