[arin-ppml] ARIN-prop-172 Additional definition for NRPM Section 2 - Legacy Resources

[Lindsey, Marc]

David,

I understand your questions and concerns.  See below with my reply comments.

>> A legacy resource is an IPv4 address or Autonomous System Number that 
>> satisfies both of the following two criteria:
>>
>> (1)it was issued to an entity (other than a Regional Internet 
>> Registry) or individual (the "original legacy holder") prior to 
>> ARIN's inception on Dec 22, 1997 either by an organization authorized 
>> by the United States to perform the Internet Assigned Numbers 
>> Authority ("IANA") functions or an Internet Registry; and
>
> Yep, I understand and agree with this part.
>
>> (2)it has not been returned to a Regional Internet Registry under a 
>> binding written agreement between the original legacy holder (or its 
>> legal successor or assign)and the RIR for subsequent allocation and 
>> assignment in accordance with such RIR's number resource policies and 
>> membership (or service) agreements.
>
> I think I agree with this, but have a question. Someone who has legacy 
> addresses by clause 1, that intends to keep the addresses for their 
> use and HAS signed the LRSA, are these Legacy Addresses or not per clause 2?
> I think they are still Legacy Addresses by that clause, but it is 
> still a little fuzzy to me by that wording.  

I tried to draft criterion (2) so that attaching legacy numbers to an LRSA should not result in a loss of legacy status.  But returning a legacy number to ARIN (e.g., Interop) for re-allocation would convert a legacy number block into a regular number block.    

> Looking at this more, there also seems to be an implication in clause 2 that legacy addresses can only be returned by written agreement. 
> Whether or not that should be the case that seems like a policy issue, not something that should be in a definition.

I understand this point.  I wrote this requirement in because the act of returning a legacy number block should, in my view, be formalized and documented.  I also acknowledge John's observation that numbers have, in the past, been returned to ARIN without a binding agreement so the definition as previously written may open up those prior returns to undesirable challenges.  So, I have a suggested change to (2) to address both of these points but still require an affirmative act to relinquish legacy numbers.  

I have some concerns about John's recommendation that, to qualify as a legacy number under criterion (2/b), the number must be currently registered in the name of the original legacy holder.   I think this, too, is a policy issue.  The question of whether/when an original legacy holder can transfer a legacy number and/or its registration to another party without the numbers losing their legacy status is a matter of policy and law. 

I also don't think the WHOIS records should be used as a part of the requirement.  As some prior transfers consummated through bankruptcy proceedings have illustrated, there are circumstances where an entity that is not the original registrant may still be recognized as the rightful/lawful holder of a legacy number block.

Here's my suggested re-write with adjustments to (2): 

A legacy resource is an IPv4 address or Autonomous System Number that satisfies both of the following two criteria:

(1)	it was issued to an entity (other than a Regional Internet Registry) or individual (the "original legacy holder") prior to ARIN's inception on Dec 22, 1997 either by an organization authorized by the United States to perform the Internet Assigned Numbers Authority ("IANA") functions or an Internet Registry; and

(2)	the original legacy holder (or its legal successor or assign) has not expressly relinquished its registration of such IPv4 address or Autonomous System Number pursuant to a binding written agreement with an RIR or the written consent of the original legacy holder (or its legal successor or assign) submitted to the RIR for subsequent allocation and assignment of the IPv4 address or Autonomous System Number to another entity or individual in accordance with the RIR's number resource policies and membership (or service) agreements.

Marc Lindsey