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

[Owen DeLong]

On Oct 24, 2011, at 4:26 PM, William Herrin wrote:

> 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

This simply is not true. I've seen several instances where the staff has
applied much more restrictive interpretation than you suggest.

> 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.
> 

Yes, the Micr0$0ft situation has a lot of areas that smell funny. I suspect
that ARIN's back was against the wall with the court system and pragmatism
exceeded policy idealism. Such is life. ARIN cannot really stand up to a court
and refuse to comply.

> 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.
> 

It provides a requirement that both RIRs agree to the transfer. That requirement
allows ARIN to reject a transfer on a case by case basis if necessary. I agree it
is not ideal, but, I still believe it is the best safety valve possible under the
circumstances.

Owen

> Regards,
> Bill Herrin
> 
> 
> 
> 
> -- 
> William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
> 3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
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