[arin-ppml] ARIN-prop-173 Revisions to M&A Transfer Requirements - revised

Martin Hannigan hannigan at gmail.com
Thu Jul 19 15:48:32 EDT 2012


The list is comprised of more than five people.

I'd sincerely appreciate it if you'd speak for yourself.


Best,
Marty


On Thursday, July 19, 2012, Larry Ash wrote:

> On Thu, 19 Jul 2012 13:20:07 -0400
>  McTim <dogwallah at gmail.com> wrote:
>
>> Hi,
>>
>> On Wed, Jul 18, 2012 at 6:27 PM, ARIN <info at arin.net> wrote:
>>
>>> ARIN-prop-173 Revisions to M&A Transfer Requirements
>>>
>>> The proposal originator revised the proposal.
>>>
>>> Regards,
>>>
>>> Communications and Member Services
>>> American Registry for Internet Numbers (ARIN)
>>>
>>>
>>> ## * ##
>>>
>>>
>>> ARIN-prop-173 Revisions to M&A Transfer Requirements
>>>
>>> Proposal Originator - Marc Lindsey
>>>
>>> Date - 18 July 2012
>>>
>>> Policy type - Modification to existing policy
>>>
>>> Policy term - Permanent
>>>
>>> Policy Statement
>>>
>>> Delete sections 8.1. and 8.2 in their entirety and replace them with the
>>> following:
>>>
>>> 8.1 Principles
>>>
>>> ARIN will not transfer the registration of number resources from one
>>> organization to another unless such transfer complies with this Section
>>> 8.
>>> ARIN is tasked with making prudent, fair and expeditious decisions when
>>> evaluating registration transfer requests.
>>>
>>> It should be understood that number resources directly assigned or
>>> allocated
>>> by ARIN are not 'sold' under ARIN administration.
>>>
>>
>>
>> The above is correct.  The intent of this policy revision seems to me to
>> be to
>> allow entities that are not ARIN to sell Internet resources.
>>
>> Have I got the wrong end of the stick?
>>
>> I ack that I am not the sharpest knife in the drawer, but I can read
>> and comprehend English.
>>
>>
>
>
> It seams to me that we will be continually besieged with these proposals
> until
> we formulate and adopt a policy that in short says:
>
> If you received your direct allocation after Dec 22, 1997 no matter what
> the method
> or circumstances, are located within the ARIN footprint, and did not, or
> have not,
> a) signed a RSA or LRSA and b) justified the need for those addresses;
> then the addresses are subject to revocation and reassignment. Period
>
> I trust that this would have to be adjudicated but I also trust that
> ARIN's legal
> staff are astute enough to choose the case with the greatest chance of
> success and
> that they would prevail. In at least the case of IPV4, there is clearly an
> argument
> that some type of governance for number assignment is required and just
> refusing to
> submit to that governance because: I don't feel I should have to, doesn't
> seem like a
> winning argument. (Obviously IMNAL.)
>
> Needless to say I don't support the proposal and am tired of the argument
> associated
> with it. I mean no disrespect to Mr. Lindsey but I thought that the list
> made it's
> wishes clear before.
>
>
>
>
>
>
> Rather, such number
>
> resources are assigned by ARIN to an organization for its exclusive use,
> provided that any terms of the applicable Registration Services Agreement
> between ARIN and the organization governing the use of such number
> resources
> continue to be met by such organization. Number resources administered and
> assigned by ARIN are done so according to ARIN's published policies.
>
> ARIN directly assigns and allocates number resources, based on justified
> need, to organizations, not to individuals representing those
> organizations.
>
> The transfer policies in this Section 8 create certain exceptions and
> exclusions for legacy numbers ("grandfather policies").  The grandfather
> policies are intended to satisfy key
>
>
> These seem to be "key" for only a subset of the community.
>
>
> policy objectives while promoting
>
> greater participation in the ARIN community by organizations holding legacy
> numbers.  The grandfather policies allow organizations holding legacy
> numbers to retain some of the historic benefits attached to their legacy
> numbers.
>
> The benefits of the grandfather policies are not available for legacy
> numbers if:
>
> (a) they are voluntarily and permanently released by the original
> registrant
> or its successor (or assign) to an RIR for re-issue to other organizations;
> where such releases are supported by reliable evidence retained by ARIN or
> the applicable RIR of the organization's informed and voluntary consent or
> agreement to permanently release the numbers; or
>
> (b) the original registrant or its successor (or assign) of such number
> enters into an LRSA or RSA expressly referencing the legacy numbers as
> governed by the terms and conditions of an LRSA or RSA.
>
>
> Isn't the effect of the above to be exactly what you say you are
> trying to avoid?
>
> In other words, does this not demotivate holders of early assignments
> to sign an RSA/LRSA?
>
>
>
> 8.2. Mergers and Acquisitions
>
> When the transfer of any number resource is requested by the current
> registrant or its successor or assign (the "new entity"), ARIN will
> transfer
> the registration of such number resources to the new entity upon receipt of
> evidence that the new entity lawfully acquired all of the current
> registrant's rights, title and interest in and to the number resources,
> including assets used with such number resources, all as the result of a
> merger, acquisition, reorganization or name change.  ARIN will maintain an
> up-to-date list of acceptable types of documentation. Transfers under this
> Section 8.2 shall not require: (i) the new entity to justify its need for
> the transferred numbers, or
>
>
>
> So if I have the cash I can buy as many blocks as I want with no regard to
> how they might actually be used in networks?
>
> Am opposed to this notion, it seems to be a huge loophole for speculators.
>
>
> (ii) the current registrant or the new entity to
>
> enter into an LRSA or RSA (or any other contract with ARIN) or to be a
> party
> to an existing LRSA or RSA (or any other contract with ARIN).
>
> Add the following new definition to Section 2:
>
> A "legacy number" means any number resource that meets the following two
> conditions:
>
> (1) the number resource was issued to an entity (other than a Regional
> Internet Registry) or individual (either, the "original legacy holder")
> prior to ARIN's inception on Dec 22, 1997 by or through an organization
> authorized by the United States to issue such number resources; and
>
> (2) the original legacy holder (or its legal successor or assign) of such
> number resource has not voluntarily and permanently released the number
> resource to a Regional Internet Registry for subsequent allocation or
> assignment in accordance with such RIR's number resource policies and
> membership (or service) agreements.
>
> Rationale
>
> The current version of 8.2 actually discourages legacy holders from (a)
> updating the registry database, and (b) paying fees to assist with records
> management associated with the ARIN databases.  Some entities that
> currently
> control resources do not attempt to update the ARIN registry records
> because
> the current transfer process puts at risk their ability to retain and use
>
> Larry Ash
> Network Administrator
> Mountain West Telephone
> 123 W 1st St.
> Casper, WY 82601
> Office 307 233-8387
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