[arin-ppml] ARIN-prop-151 Limiting needs requirements for IPv4 transfers

[Tom Vest]

Hi Dan, 

I have a more general question about the conceivable* effects of transfers on the relevance of conditions like the ones spelled out in 8.3.
Is it the intent of the authors that conditions like these will remain in force in perpetuity -- i.e., that they will be "transitive," or continue to be binding in any/all subsequent transfer transactions on any/all parties involved in the transfer of the same resources, for as long as the relevant ARIN policies remain in force?

If so, are ARIN staff and counsel confident that the open-ended nature of such terms will not run afoul of various legal problems associated with "perpetuities"?

*IANAL, so maybe this concern is misplaced... in any case, it would be reassuring to hear that actual lawyer(s) regard this problem as "inconceivable" (or better still, why they think that it's a non-problem).

Thanks, 

TV 

On Nov 22, 2011, at 5:37 PM, Alexander, Daniel wrote:

> Hello PPML,
> 
> Some changes are being considered in the text of prop-151, and I would
> like to solicit some feedback. The modifications are summarized below
> along with the resulting text. Given the conversations surrounding 2011-1,
> it seems like a good time to continue the discussion with this text.
> 
> Thanks,
> Dan Alexander
> 
> 
> Changes to the original text:
> 
> - Removed the suggestions to altering the text of the RSA.
> 
> - Removed the section regarding "Conditions on the IPv4 address block".
> 
> - Removed the condition of space being administered by ARIN to open the
> possibility of inter-RIR transfers.
> 
> - Moved the minimum transfer size requirement down to remaining
> conditions. 
> 
> 
> Resulting text:
> 
> 
> Replace Section 8.3 with
> 
> 8.3 ARIN will process and record IPv4 address transfer requests.
> 
> Conditions on source of the transfer:
> 
> * The source entity must be the current rights holder of the
> IPv4 address resources, and not be involved in any dispute as to
> the status of those resources.
> 
> * The source entity will be ineligible to receive any further IPv4
> address allocations or assignments from ARIN for a period of 12
> months after the transfer, or until the exhaustion of ARIN's
> IPv4 space, whichever occurs first.
> 
> * The source entity must not have received an allocation from
> ARIN for the 12 months prior to the transfer.
> 
> * The minimum transfer size is a /24
> 
> 
> Conditions on recipient of the transfer:
> 
> * The recipient entity must be a current ARIN account holder.
> 
> * The recipient must sign an RSA with ARIN.
> 
> * The recipient entity of the transferred resources will be subject
> to current ARIN policies. In particular, in any subsequent ARIN
> IPv4 address allocation request, the recipient will be required
> to account for the efficient utilization of all IPv4 address
> space held, including all transferred resources.
> 
> * If the recipient has already received the equivalent of a /12
> of addresses in the prior 12 months, the recipient must
> demonstrate the need for additional resources in the exact amount
> which they can justify under current ARIN policies.
> 
> * The minimum transfer size is a /24
> 
> 
> and add to the NRPM Section 12:
> 
> 10. ARIN will not use utilization as a measure of policy compliance
> for addresses transferred under 8.3.
> 
> 
> 
> 
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