[arin-ppml] ARIN-2011-1: ARIN Inter-RIR Transfers - Revised Assessment

[John Curran]

On Nov 9, 2011, at 2:19 PM, William Herrin wrote:

> Hi,
> 
> Requesting two points of clarification:
> 
> On Wed, Nov 9, 2011 at 1:51 PM, ARIN <info at arin.net> wrote:
>> ·      The phrase, "compatible, needs-based policies" is not specifically
>> defined.  If adopted, staff would consider a “compatible, needs-based
>> policy" for outward transfers as a transfer policy at another RIR that
>> requires the recipient to have operational need for the address space, and
>> to demonstrate that need to their RIR for transfer approval.
> 
> Consider a situation in which an RIR has a general transfer policy
> which requires a recipient to have and demonstrate operational need
> for address space but, for one reason or another, said policy is
> inapplicable to one specific transfer. I imagine that staff would
> analyze the situation one of three ways:
> 
> 1. The RIR's transfer policy is not compatible because it contains
> exceptions to needs-based analysis.
> 
> 2. The specific transfer is prohibited because it does not fall under
> transfers governed by the RIR's needs-based policy.
> 
> 3. The RIR's transfer policy is compatible and ARIN permits the
> specific transfer.
> 
> Which is correct? Or is there another resolution that I've overlooked?

In the hypothetical, if there were policy such that the other RIR 
could approve some recipients by applying needs-based criteria and
approve other recipients without apply a needs-based criteria, then 
that RIR policy would compatible for transfers only for those recipient
for which needs-based criteria apply.

Your example specific transfer fails, since the criteria for demonstrating 
operational need is, for one reason or another, inapplicable.

In implementation, we're required to confirm that other RIR has a 
compatible needs-based transfer policy which will apply to the
transfer request.

The Recipient RIR determines if the recipient meets that policy 
as a recipient and confirms the result to ARIN.


>>       B.  ARIN General Counsel Comments
>> 
>>  Adoption of this policy will materially assist ARIN's legal position.
> 
> This is... vague. I know I haven't a clue what it's supposed to mean.
> Could council expand on the anticipated impact to ARIN's legal
> position?

I can elaborate: Any policy which reduces the probability of potential 
litigants against ARIN improves our legal position.  While this should not 
drive policy formation (since anyone can litigate for specious cause), it
is a benefit when it occurs.

Thanks,
/John

John Curran
President and CEO
ARIN