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

[David Farmer]

On 6/19/12 16:18 CDT, William Herrin wrote:
> On 6/19/12, David Farmer <farmer at umn.edu> wrote:
>> On 6/19/12 15:00 CDT, William Herrin wrote:
>>> On 6/19/12, ARIN <info at arin.net> wrote:
>>>> ARIN-prop-174 Policies Apply to All Resources in the Registry
>>>>
>>>> Add as a new paragraph at the beginning of Section 1;
>>>>
>>>> ARIN is the Internet number registry for its service region and ARIN
>>>> number resource policies apply to all resources in the ARIN registry,
>>>> including those resources issued from a predecessor registry in the
>>>> Internet Registry system.
>>>
>>> I'll join the lawsuit if this policy is adopted. Oppose.
>>
>> Is the concept completely an non-starter and unreasonable?
>
> Yes.
>
>>   Are there
>> policies missing that you think are necessary before this is reasonable?
>
> No. In my opinion, ARIN lacks legal standing to make involuntary
> changes to an in-use legacy registration. Period. It's not even about
> whether it would be reasonable for ARIN to have such standing. Policy
> be damned, they do not have it.
>
>>    Are there policies that you think shouldn't apply to Legacy Resources?
>>    Do you believe there are any policy that should apply to Legacy
>> Resources?
>
> I have been satisfied with ARIN's practice of only recording transfers
> of addresses if the new registration falls under then-current ARIN
> policy and contracts.
>
> Given the way the court has ruled in the past half decade, I'm not
> convinced ARIN actually has the right to refuse to record a change. To
> my knowledge no judge has ever reached a declaration that they do
> while several have reached declarations that more or less state that
> they do not. Nevertheless, it would not upset me to discover that ARIN
> does have that right.

So are you saying that ARIN can apply no policy and has no authority to 
refuse changes to records for Legacy Registrations?

Ok then I will happily put in a request to change on of the several /8 
not currently covered under contract to my name then.  <NOT>

Your own statements belie the fact that the registry only has value 
unless only the true registrant is allowed to make changes to their 
records.  This directly implies at least some authority and the 
necessary policies to direct that authority must exist.  ARIN must have 
at least the authority to refuse improper updates and some policy is 
needed to define what proper updates are, at the very least.  Otherwise 
everyone looses.

The value we all want the rights to, only comes from the uniqueness and 
control of the assignments in the registry.  And that uniqueness is only 
guaranteed through coordination and cooperation, at least some minimal 
authority to ensure control of the registry necessary to protect the 
registrations.  Without that authority and associated policies, the only 
value the Internet has is the scrap value of all the mineral used to 
build the equipment and cables that make up the physical embodiment of 
the Internet.  Because without that coordination and uniqueness created 
by the registry system the Internet stops passing bits and all the 
economic value it creates vaporizes.

As for the courts, I suspect they will easily recognize the true facts 
and not want to disrupt things too much, especially the bankruptcy 
courts, there whole purpose is to get value for the creditors.  That 
value comes from the coordination of the registry, which is only 
possible if the registry has authority and policies that direct how that 
authority is used. Disrupt that too much and you kill the goose that 
lays the golden eggs that they want to return to the creditors.

Everyone has to realize ARIN has to have authority and the necessary 
policies to direct that authority, otherwise without it all resource 
holders rights are meaningless, including legacy resource holders.  So 
that leads us back to the true purpose of this mailing list what should 
those policies be?

I'm pleading with you, please stop asking me to divine meaning from the 
goat entrails call court orders.  I have a strong stomach but not that 
strong.  :-(*)

-- 
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David Farmer               Email:farmer at umn.edu
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