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

[William Herrin]

On Mon, Oct 24, 2011 at 7:19 PM, Paul Vixie <paul at redbarn.org> wrote:
> On Monday, October 24, 2011 10:57:29 pm William Herrin wrote:
>> On Mon, Oct 24, 2011 at 6:43 PM, Mike Burns <mike at nationwideinc.com> wrote:
>> > How many times could you rinse/repeat this cycle before the activity
>> > became so evident that ARIN refused to authorize the transfer, and
>> > instead attempted reclamation due to fraud?
>>
>> As many as you want until the Board adopts a policy which declares
>> defines such use illegitimate.
>
> when you speak of "board" and "policy" in the same sentence you pique my
> interest. i'm assuming you mean corporate policy not numbers policy, since
> numbers policy is made by the community and only confirmed by the board.

Hi Paul,

I mean numbers policy. Section 5 of the numbers policy development
process says "The Board may ADOPT, reject or remand [...] draft
policies," but I understand that to mean the same as confirming the
draft policies the AC forwards for review.

The board also has (and has used) the Emergency PDP (section 7.1) to
install new numbers policy of its own when it finds a situation it
considers needful of prompt action. Under 7.2, it also has the ability
to suspend a section of numbers policy on its own prerogative. In both
cases, ex-post-facto rules would probably apply, so it would be
difficult for the board to stop a transfer which for which a
registrant had already applied.

Nevertheless, having detected a pattern of "obvious" misuse of the
numbers policy, the Board is empowered to stop it recurring while we
argue about how to implement a long-term fix.


> are you contemplating a requirement attesting to some kind of intent to
> operate a real network (rather than, in your example, simply offshoring the
> resources and starting over with a different name)? if so, how would you
> suggest that arin enforce such a thing?

No, and I don't immediately see a practical way for ARIN to enforce
such a thing. As near as I can figure, the very best ARIN can do is
ensure that an out-region transfer recipient meets at least as
stringent a needs justification criteria as an in-region one would.

Regards,
Bill Herrin

-- 
William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
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