[arin-ppml] ARIN-prop-174 Policies Apply to All Resources in the Registry

[Milton L Mueller]

>   ARIN was created to give the users of IP numbers (e.g. ISPs) within the
>   North American region a voice in the policies by which they are _managed_
>   and allocated   There is no way to provide a voice in policies to those
>   in the region without potential for that the actual policies for management
>   of resources in the region to be changed as a result.
>
>Thanks!
>/John


John,
We've been through this before.

ICANN was created by the USG (and is still supervised by it even more directly than ARIN) to manage the root of the DNS. Country code top level domain managers were the DNS version of "legacy holders." They were given their TLDs before ICANN existed and thus the new corporation had no contractual authority over them, yet still they relied on ICANN's management of the IANA database.

ICANN tried to unilaterally assert authority over them, in essence attempting to force them to sign contracts by refusing to update their root zone records. That, um, didn't go over too well.

It amazes me that ARIN would try to repeat the same discredited trick. True, there is, or may be, less risk of creating an international geopolitical incident because other nation-states are not as involved, but the basics are the same. YOU DON'T HAVE ANY AUTHORITY OVER LEGACY HOLDERS. Get used to it. It's a historical quirk, it's messy, but it's just true. You will need to develop a way to accommodate yourself to that fact, just as ICANN did.

I'd be happy to acquaint you with the evolution of the ccTLD contracts/MoUs/"exchange of letters" with ccTLD operators, and the emergence of the ccNSO, though I assume your full time paid staff can look it up. Based on the kind of legal advice you seem to be getting, however, you might do better to talk to me.


John Curran
President and CEO
ARIN

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