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

[David Farmer]

On 5/2/11 18:23 CDT, John Curran wrote:
> On May 3, 2011, at 1:10 AM, David Farmer wrote:
>
>> 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 -
>
> This is not correct, even with resources under RSA.
>
> A policy which states "ARIN should reclaim resources in bankruptcies"
> would be *contrary to law* in some cases.
>
> Policy which directs ARIN staff contrary to law is unlikely to
> adopted by the ARIN Board of Trustees.

Yes, I thought I said if everything was under RSA or LRSA we wouldn't 
need this, that is a policy talking about when ARIN recovers addresses, 
the contracts deal with it, including when bankruptcy is involved.

But, since we don't have all resources under RSA or LRSA we probably 
need something, and yes it can't be contrary to law.

My intent was to point out that the lack of a valid RSA or LRSA with all 
resource holders is the reason the we need something.  What I should 
have more clearly pointed out, was that we can rely on the RSA or LRSA 
for all resources under such a contract. and only create a policy for 
any resources that are not covered by a contract that already defines 
when resource should be recovered.

> FYI, /John
>
> John Curran President and CEO ARIN
>


-- 
===============================================
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
===============================================