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

[John Curran]

On May 3, 2011, at 1:42 AM, David Farmer wrote:

> 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. 

David - 
 
  Your statement above is NOT correct.  Even with all resources 
  under an RSA or LRSA, a  policy which states "ARIN should 
  reclaim resources in bankruptcies"would be *contrary to law* 
  in some cases.

  The fact that the RSA/LRSA covers it does not assure that it
  is actually applicable; it depends on the exact nature of the
  bankruptcy and applicable law.

  Attempting to make policy which purports to clarify the situation
  for the resource holder, or that directs ARIN staff to take specific
  actions runs a very real probability of being completely wrong in
  some circumstances.

Thanks,
/John

John Curran
President and CEO
ARIN