[arin-ppml] 2011-1 dissent Was: Re: ARIN-2011-1: ARIN Inter-RIR Transfers - Last Call

[John Curran]

On Oct 21, 2011, at 4:50 AM, William Herrin wrote:

> On Thu, Oct 20, 2011 at 10:29 PM, Owen DeLong <owen at delong.com> wrote:
>> I believe that a substantially less restrictive policy would be incompatible.
> 
> Unfortunately, John Curran has just posted that's not the case. Under
> the current text, another RIR's policy whose basis for needs
> justification is substantially less restrictive than ARIN's would
> still control for addresses transferred out of the region. 2011-1,
> as presently written, may cause substantially more restrictive
> justification policies to be applied to ARIN transferees receiving
> ARIN addresses than to out-region transferees receiving ARIN
> addresses.

Bill is correct, in that any policy which requires the recipient
to have need, and requires demonstration of that need to the other 
RIR would presently be deemed "compatible".  We've given some thought 
to how this could be implemented, and most likely ARIN would need to
maintain a public list of those compatible RIR transfer policies.
Staff could directly update as changes occur, or staff could bring  
the recommendation to the Board for concurrence, or bring it to 
the ARIN AC for their recommendation and then Board concurrence.
(Absent addition guidance here, staff recommendation with Board
concurrence is the most likely implementation to occur, and that 
will be in the revised staff and legal review presently underway)

> I find that fundamentally unfair and have a big problem with it.

Presently, the RIRs have documents between us (ICANN, ICANN ICP-2)
that agree to basic principles (including conservation, IP address
distribution according to need, open and transparent processes, etc.)
An Inter-RIR transfer policy which requires adherence to any of these
principles is quite straightforward from my perspective; a policy which 
goes beyond basic principles and sets specific criteria for another RIR 
policies is new ground.  Specific criteria may or may not be a desirable 
policy outcome (that is for the community to decide) but is not inherently
building on an area of existing agreement among the RIRs.  Obviously, if a 
modified InterRIR transfer policy (requiring specific criteria for another 
RIRs transfer policies) where to be adopted, ARIN would still implement it 
and encourage compatible policies whenever possible.

FYI,
/John

John Curran
President and CEO
ARIN