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

[Tom Vest]

On Nov 22, 2011, at 9:26 PM, John Curran wrote:

> On Nov 22, 2011, at 8:37 PM, Tom Vest wrote:
> 
>> 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).
> 
> Tom - 
> 
>  We have not had policy language proposed that would create terms 
>  and conditions that would survive in perpetuity, i.e. whereby 
>  future requests will be processed other than according to the 
>  policies in effect at that time.  If policy language is proposed 
>  that creates a perpetual condition on the resources themselves, 
>  then we will have a legal review performed on that language at 
>  that time as part of the normal staff assessment process.
> 
> Thanks,
> /John
> 
> John Curran
> President and CEO
> ARIN

Hi John, 

Thanks for the reply.
If I understand correctly, that means that the continuing applicability of ARIN policy (or any RIR/needs et al. policy more generally) with respect to specific resources will be determined solely by the applicable terms, if any, of any pre-existing contractual arrangement (e.g., RSA, LRSA, PI holder, etc.) between ARIN (or other-RIR) and all subsequent re/transfer recipients... ?

If that's not too far off base, are we confident that any/all current transferor-side requirements and/or restrictions could not in themselves, be construed as "perpetuities"?

Thanks again, 

TV

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