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

[John Curran]

On Jun 26, 2011, at 11:39 AM, Mike Burns wrote:

>> Given that there is now the recognized ability to transfer one rights as a
>> registrant of an address block to another party in accordance with policy,
>> it is perfectly understandable that ARIN would prioritize pursuing number
>> reclamation in the cases you list above (hijacking, dissolution, etc.)
> 
> With respect, I take this answer to mean that there has been no reclamation of legacy space which was not voluntarily returned, the subject of hijacking or fraud, or of corporate dissolution. If I am wong, let me know.

I'm not aware of any recent reclamation activities purely for lack of 
utilization, but would need to confirm with the staff to be certain.

> So the lessons I draw from the document come not from the deal Microsoft struck with ARIN but from the lack of a deal ARIN struck with Nortel. If ARIN could have made any legal claim that they controlled Nortel's transfer rights, I believe ARIN would have made that claim to the judge in the form of an objection to the motion.

It was not necessary to do so since the policy constraints
were being adhered to, including needs-based assessment of 
the recipient and number resources ending up under agreement.

> I know that NRPM section 12 states that it give no "additional" rights to reclaim legacy space, but Owen claims the rights are there anyway. If he is right, why did ARIN not review and reclaim the 660,000 IP addresses that Nortel sold? Why not take the opportunity afforded by the public nature of this deal to clearly establish ARIN's (heretofore unutilized?) right to revoke legacy space when the allocant goes out of business?

See above - it was not necessary to do so, and would have actually 
been contrary to the purpose of the specified transfer policy. 

>> Transfers occur when the request is approved and the Whois database is
>> updated.  You're free to try and purchase anything that you like including
>> the number 3, the letter Q, the color blue, or a new york bridge, but if
>> you'd like to transfer your rights as a registrant of an address block,
>> then you should keep in mind the that transfer occurs when the registration
>> changes.  I'd definitely get a receipt from anyone who suggests otherwise...
> 
> I know the last comment was flip, but in reality, that is all that is required.
> A receipt that you can show a network operator.

That's certainly possible.  It certainly will get interesting if
the resources are reissued to another provider in accordance with 
the community-developed policy.

> ARIN does not control routing. ARIN controls a database which is used by network operators, but which network operators also are free to ignore.
> That has been my point all along. If ARIN wants to increase the "ignorability" of Whois by maintaing policies which do not align with legal realities, then ARIN is not acting as a responsible steward of Whois.

ARIN complies with all applicable laws in the regions in which it operates.
We may not operate in alignment with your particular legal theories, however, 
and that appears to be the issue here.

FYI,
/John

John Curran
President and CEO
ARIN