[arin-ppml] ARIN-prop-140 Business Failure Clarification

[Owen DeLong]

On May 2, 2011, at 1:05 PM, Matthew Kaufman wrote:

> 
> On May 2, 2011, at 11:43 AM, William Herrin wrote:
> 
>> On Mon, May 2, 2011 at 1:58 PM, ARIN <info at arin.net> wrote:
>>> ARIN-prop-140 Business Failure Clarification
>>> 
>>> Add to end of Section 8.1: "Note that an entity which is reorganizing
>>> under any section of the US bankruptcy code (or foreign equivalent) is
>>> not 'out of business' for the purpose of interpreting this section"
>>> 
>>> Rationale:
>>> 
>>> Potential confusion exists over the requirement to return address space
>>> from a bankrupt entity. This is a needed clarification to the policy manual.
>> 
>> Hi Matthew,
>> 
>> If I understand properly, the language you object to in section 8.1 is:
>> 
>> "Thus, if a company goes out of business, regardless of the reason,
>> the point of contact (POC) listed for the number resource does not
>> have the authority to sell, transfer, assign, or give the number
>> resource to any other person or organization. The POC must notify ARIN
>> if a business fails so the assigned number resources can be returned
>> to the available pool of number resources if a transfer is not
>> requested and justified."
>> 
>> The main point of that paragraph is that if your company's network is
>> terminated (as part of a general company shutdown) you, as the POC,
>> don't get to keep the addresses as some kind of severance pay. Your
>> suggested text frankly just muddies the waters further.
>> 
>> I would suggest replacing "goes out of business" with "ceases
>> operations" and just strike the last sentence entirely.
> 
> My problem with it is actually "The POC must notify ARIN if a business fails so the assigned number resources can be returned to the available pool of number resources".
> 
> Entering, for instance, US Chapter 7 bankruptcy is pretty clear evidence that "a business has failed" and yet there should be neither a requirement on the POC that they notify ARIN in such a case (well, actually, perhaps there should be... but usually the POC is long gone by then) nor a suggestion that ARIN will be returning addresses to the available pool any time soon.
> 

Why not?

I was the POC for an organization which failed. When I was informed that
my job was being terminated and the company liquidated, the network
being shut down, etc. I notified ARIN and the addresses and AS Numbers
were reclaimed.

This was all well and proper and correct.

This was what should happen.

As far as I am concerned, ARIN has my permission to disclose the details
and the correspondence on this issue.

(Vusion, Inc.)

Owen