[arin-ppml] 2011-1 dissent Was: Re: ARIN-2011-1:ARINInter-RIRTransfers - Last Call

[William Herrin]

On Mon, Oct 24, 2011 at 7:10 PM, Owen DeLong <owen at delong.com> wrote:
> That's why this draft policy has a safety valve permitting
>staff to make it up as they go along to the extent that they
>can reject the transfer such that the entity in question
>suddenly can't get paid.

Owen,

Please understand: text which directs ARIN staff to "use best
judgment" is non-operative. It will always, always, always result in
the least restrictive interpretation of the whole policy document
being applied. You just saw this happen with Microsoft-Nortel where
Microsoft was allowed to sign an LRSA when any fool would understand
that the policy was intended to require the recipient to enter into
the normal RSA that any other new entrant would sign.

Regardless, the 2011-1 draft from 10/14 includes no language directing
ARIN to refuse out-region transfers based on any ARIN-region criteria,
best judgment or otherwise.

Regards,
Bill Herrin




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