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

[Jimmy Hess]

On 6/16/12, Chris Grundemann <cgrundemann at gmail.com> wrote:
> On Fri, Jun 15, 2012 at 7:54 AM, David Farmer <farmer at umn.edu> wrote:
>> This is hindsight, but lets learn from it and fix the problem. "Legacy
>> Resources will not be reclaimed solely for lack of use" should just
>> become
>> policy in the NRPM.

There is an advantage to having a "Resources will not be reclaimed
solely for lack of use"
clause in the LRS;  the advantages are enjoyed by the party when ARIN
agrees to place resources under an LRSA,  at the expense of the
community's policymaking ability.     It constrains the community.
With such a clause, the community cannot start creating policies to
forcibly reclaim resources that were properly obtained solely for lack
of use, because ARIN has a contract saying they won't do that for LRSA
signees,   and this gives LRSA signees a sense of "security" in
acceding to the LRSA,   that they are not shooting themselves in the
foot or totally writing themselves off to the immediate
mercy/uncertainty of the community by signing a LRSA.

The community can still make and ARIN can still enforce policies to
reclaim resources that were obtained fraudulently or in a manner
inconsistent with policies.


And ARIN giving up the right to reclaim resources solely for lack of
use may be a reasonable concession  if it is what ARIN has to do in
order to persuade Legacy resource holders to sign a LRSA.

ARIN can concentrate on reclaiming resources due to lack of use  on
resources that were obtained improperly,  resources that were
abandoned,  or resources that were never placed under a RSA.


What ARIN should not do is make that kind of concession for
transferred resources.
ARIN doesn't need to --  the transfer applicant has to agree to ARIN's rules
and sign a RSA in order to make a transfer;   it's a mandatory policy,
additional special concessions to "Persuade" placing the resources under an
RSA are not appropriate.

--
-JH