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

[David Farmer]

On 5/2/11 15:08 CDT, Matthew Kaufman wrote:
>
> On May 2, 2011, at 12:42 PM, William Herrin wrote:
>
>> On Mon, May 2, 2011 at 2:43 PM, William Herrin<bill at herrin.us>
>> wrote:
>>> "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.
>>
>> Another suitable rewrite might replace those two sentences with:
>>
>> "An individual shall not have the authority to retain, sell,
>> transfer, assign, or give the number resource to any other person
>> or organization solely because he is listed as the point of contact
>> for an otherwise defunct organization, nor shall the organization
>> cede such authority to said individual except as is consistent with
>> these transfer policies."
>
> If that's the only point of this section then yes, your rewrite seems
> appropriate. But then it might be even better to simply have a
> section that explains that when you act as a POC you are acting for
> the organization and if you don't have the authority to do so then
> you shouldn't be acting as the POC either.

Either of those options sounds good to me, but we do need to make this clear

> But we'd still need to remove the suggestion that ARIN is able or
> supposed to be out reclaiming addresses from "failed" businesses
> before they're all the way dead.
>
> Again, my point being that I want people to be able to read the NRPM
> to predict what ARIN will do... in the case of a bankruptcy
> proceeding ARIN will NOT be going and reclaiming addresses all on
> their own, I suspect.

Actually, if all resources were under RSA or LRSA we really wouldn't 
need this at all, ARIN could reclaim resources for non-payment, 
following that process defined in the contracts.  This works under the 
theory that if someone isn't paying the bills the organization is no 
longer functioning, which is more or less usually true.  In the case a 
bankruptcy, the bankruptcy trustee would either need to pay ARIN or seek 
relief for the terms of the contract, both of which are valid and would 
be under to supervision of the bankruptcy judge, and in the realm of the 
lawyers and not really a policy problem.

The problem is that most Legacy resources are not under an LRSA or RSA 
at this time. Therefore we need some kind of mechanism to know when ARIN 
should look to reclaim Legacy Resource from defunct organizations that 
do not have an LRSA or RSA to define a process to recover said 
resources.  This is the crux of the issue for the hijacking and several 
other threads on PPML.



-- 
===============================================
David Farmer               Email:farmer at umn.edu
Networking & Telecommunication Services
Office of Information Technology
University of Minnesota	
2218 University Ave SE	    Phone: 612-626-0815
Minneapolis, MN 55414-3029   Cell: 612-812-9952
===============================================