[arin-ppml] ARIN-2012-1: Clarifying requirements for IPv4 transfers

[Matthew Kaufman]

On 4/11/2012 8:01 PM, Alexander, Daniel wrote:
> Here is the final 2012-1 text for the meeting in Vancouver. I am working
> on presentation slides so let me know if you have any feedback or thoughts
> that should be clarified during the meeting discussion. This text includes
> the word "transfers" in the 12 month restriction window placed on the
> source. This change was the result of previous mailing list discussions
> and feedback from Staff.
>
> Thanks,
> Dan
>
>
> Final text: 2012-1: Clarifying requirements for IPv4 transfers
>
> Replace Section 8.3 with
>
> 8.3 Transfers between Specified Recipients within the ARIN Region.
>
> In addition to transfers under section 8.2, IPv4 numbers resources may be
> transferred according to the following conditions.
>
> Conditions on source of the transfer:
>
> * The source entity must be the current registered holder of the IPv4
> address resources, and not be involved in any dispute as to the status of
> those resources.

"any dispute as to the status"? I'm sure we can always find someone who 
disputes whether or not the source entity should have transferable 
space. This should be something more concrete like a way for ARIN to 
flag blocks where the ownership is in question. (As opposed to other 
disputes, like whether they should have received that much space, or 
should be voluntarily returning it to ARIN, or whether those resources 
are being used to send spam.)

> * The source entity will be ineligible to receive any further IPv4 address
> allocations or assignments from ARIN for a period of 12 months after a
> transfer approval, or until the exhaustion of ARIN's IPv4 space, whichever
> occurs first.

But one may trivially create additional legal entities that can receive 
space, so this is meaningless.

Also, how is "exhaustion of ARIN's IPv4 space" defined? Does this mean 
that if ARIN runs out, but then someone gives ARIN back a /8, I can go 
apply for it right away because the trigger happened?

> * The source entity must not have received a transfer, allocation, or
> assignment of IPv4 number resources from ARIN for the 12 months prior to
> the approval of a transfer request. This restriction does not include M&A
> transfers.

I suppose this is a good reason to keep the lawyers employed doing M&A 
transfers, as those are more valuable assets. (More specifically, what 
this means is that the resale value I keep on my books for a /20 that I 
got within the last 12 months via transfer, allocation, or assignment is 
zero but the resale value of one received via M&A transfer is the market 
price for /20s.)

It also means that I should create multiple legal entities for receiving 
assignments, so that the timer doesn't keep resetting on the other space 
I've already received.

And is this retroactive, so that if I've just received an allocation the 
day before the policy went into effect I'm not ineligible to be the 
source of the transfer? I suppose this is a feature for long-time 
holders, as their space is the only space that is available for 
transfer. Can we kick this up to 5 years to further restrict the sell 
side of the market? Should help keep the prices high at least.

Matthew Kaufman