[arin-ppml] Draft Policy 2011-1 - Inter-RIRTransfers -Shepherd's Inquiry

[Mike Burns]

Hi Owen,

I don't think ARIN will be confronted with anything, I think they will be 
ignored.
And I don't think ARIN has any rights to revoke or reclaim legacy space 
unless they have an agreement with the rights holder which gives them that 
right.
Clearly they have no additional rights under section 12 to reclaim legacy 
space, that's explicit in the NRPM.
So you would have to demonstrate some other source of that reclamation 
right.
It's not in any agreement between ARIN and the legacy holder, and it's not 
part of any agreement the legacy allocants had with ARIN's precursors.
Where does it come from?

Regards,
Mike




----- Original Message ----- 
From: "Owen DeLong" <owen at delong.com>
To: "Mike Burns" <mike at nationwideinc.com>
Cc: "Kevin Kargel" <kkargel at polartel.com>; "arin ppml" <ppml at arin.net>
Sent: Thursday, June 23, 2011 3:39 PM
Subject: Re: [arin-ppml] Draft Policy 2011-1 - 
Inter-RIRTransfers -Shepherd's Inquiry


>
> My argument is that we cannot abandon the whole IP market thing. It is out 
> of our control, because the limited power we have is in Whois and reverse 
> naming.
> We can't force network operators to route or not to route certain 
> addresses, and I see no stomach at ARIN for challenging legacy transfers 
> by revoking and reissuing their space.
>
Like speculation, just because you don't see it does not mean that it is not 
there.

I believe that confronted with a legacy transfer that happened off the books 
ARIN will go through the following steps (John, feel free to correct me if 
I'm wrong):

1. Attempt to contact the original holder of the resources
If they acknowledge the transfer, see if the recipient and original holder 
will work to
complete the transaction under NRPM 8.

If they do not acknowledge the transfer, let them know their space has been 
hijacked
and encourage them to take appropriate action.

If they are unreachable, work with the recipient to see if sufficient 
documentation
exists to complete an 8.2 or 8.3 transfer and attempt to do so.

2. If the original resource holder is unreachable and a transfer cannot be 
completed
as described above, I believe ARIN will reclaim the space as abandoned and 
take
the appropriate steps to clean and reissue it.

3. If the original resource holder is unreachable or uncooperative and the 
"recipient" refuses to cooperate,
I believe ARIN is also likely to proceed with reclamation under NRPM 12.


> So to think we have any significant power to prevent the rise of an IPv4 
> market is naive. What we should do is acknowledge it and take the steps to 
> transition ARIN from an arbiter of who gets addresses to a title-agency 
> whose routing authority is respected enough to handle the challenges 
> facing registration in the post-exhaust world.
>

Can we prevent the rise of a market? Probably not. Can we apply a 
needs-basis test to that market and regulate the redistribution of addresses 
through that market by applying reasonable stewardship policies governing 
the source and recipient conduct in the market? Yes.

There is a lot of room between the extremes of "ignore the market 
altogether" and "acknowledge the market and let it become a free-for-all 
with no rules".

I realize that you favor the latter extreme. I favor something towards the 
former, but much closer to the middle.

Owen