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

[Mike Burns]

Hi Bill,

>As many as you want until the Board adopts a policy which declares
defines such use illegitimate. If the policy says it isn't fraud then
it isn't fraud no matter how egregious. ARIN simply isn't allowed to
make it up as they go; they're bound by the policies. One problem with
2011-1 as presently drafted is that it takes some dubious activities
that current policy defines as "not fraud" and creates an only
moderately circuitous path to easy cash.


I would consider adding some language in the Declarations section 10b of the 
RSA stating that the applicant has an *intention* to use the addresses for 
the purposes stated in the application.  The officer attestation should also 
include this language.  Then, in the event that this abuse manifests itself, 
ARIN would have some ability to declare the contract fraudulent despite 
whether the allocation/transfer behavior conformed to policy.  If a pattern 
of allocation/transfer occurs, even within policy, ARIN can point to the 
activity as incompatible with the declared intention and recover under 
Section 12. I mean, it could happen that the wifi system legitimately fails, 
as most municipal wifi systems have. But if the same owner or officer tries 
again it would be easier to demonstrate bad intentions and contract fraud. 
But I'm no lawyer and perhaps such a declaration was left out for a valid 
reason.

>Do we really want to lock unused or underused addresses out of play
for folks who DO meet ARIN's needs-justification when the whole point
of transfers is that we don't have enough addresses to go around?


At the maximum, we would be locking out of the market just a year's worth of 
new allocations for a timeframe of  one year, with all prohibition dropped 
at exhaust plus a year.
 I don't think it's fair to get addresses from the free pool for the 
purposes of profiting through their sale, and I'm sure you don't either. The 
one year prohibition on sales serves to discincentivize the pillaging of the 
free pool for profit, and incentivizes efficient use of existing space for 
those who would otherwise choose to avail themselves of the free pool . In 
other words, if I could free up space instead of acquiring more from the 
pool, I would reserve my right to sell addresses at any time. For those who 
acted legitimately and acquired addresses from the free pool which quickly 
became unneeeded, their penalty would be waiting for just the balance of a 
year before they could sell, and they would probably be well-rewarded 
anyway, in the end.

Regards,
Mike