[arin-ppml] ARIN-prop-170 Transfer of Number Resources in case of Bankruptcy

[Owen DeLong]

Opposed as written.

While I like the idea of a policy enabling transfers specific to Bankruptcy, I think such a policy does need to allow for the number resources to be transferred separate from the underlying infrastructure in order to meet the real world requirements of such transactions.

I would most probably support this policy if it were modified to make those accommodations, but, it would depend in part on guidance from ARIN counsel as to his ability to use the policy effectively.

Owen
(Speaking only for myself and not in my capacity as a member of the AC)

On May 9, 2012, at 1:46 PM, ARIN wrote:

> ARIN-prop-170 Transfer of Number Resources in case of Bankruptcy
> 
> ARIN received the following policy proposal and is posting it to the
> Public Policy Mailing List (PPML) in accordance with the Policy
> Development Process.
> 
> The ARIN Advisory Council (AC) will review the proposal at their next
> regularly scheduled meeting (if the period before the next regularly
> scheduled meeting is less than 10 days, then the period may be extended
> to the subsequent regularly scheduled meeting). The AC will decide how
> to utilize the proposal and announce the decision to the PPML.
> 
> The AC invites everyone to comment on the proposal on the PPML,
> particularly their support or non-support and the reasoning
> behind their opinion. Such participation contributes to a thorough
> vetting and provides important guidance to the AC in their deliberations.
> 
> Draft Policies and Proposals under discussion can be found at:
> https://www.arin.net/policy/proposals/index.html
> 
> The ARIN Policy Development Process can be found at:
> https://www.arin.net/policy/pdp.html
> 
> Mailing list subscription information can be found
> at: https://www.arin.net/mailing_lists/
> 
> Regards,
> 
> Communications and Member Services
> American Registry for Internet Numbers (ARIN)
> 
> 
> ## * ##
> 
> 
> ARIN-prop-170 Transfer of Number Resources in case of Bankruptcy
> 
> Proposal Originator: Christoph Blecker
> 
> Proposal Version: 1.0
> 
> Date: 9 May 2012
> 
> Policy term: permanent
> 
> Policy statement:
> 
> NRPM 8.4 Bankruptcy Proceedings
> Similar to section 8.2, ARIN will consider requests for the transfer of number resources in the case of bankruptcy or other court-supervised liquidation proceedings upon receipt of evidence that the receiving entity has acquired assets that used resources from the current registrant. ARIN will maintain an up-to-date list of acceptable types of documentation.
> 
> In the event that number resources of the receiving organization are no longer justified under ARIN policy at the time ARIN becomes aware of the transaction, through a transfer request or otherwise, ARIN will work with the resource holder(s) to return, aggregate, transfer, or reclaim resources as needed to restore compliance via the processes outlined in current ARIN policy.
> 
> Rationale:
> 
> During policy discussions surrounding Draft Policy ARIN-2012-3 (ASN Transfers), the community was advised by ARIN Counsel that there are situations and cases currently making their way through the court system where an entity has gone bankrupt and a court is supervising liquidation of their assets. While number resources themselves are not assets, the exclusive right to those number resources is, and this addresses the need for these to be able to be moved with the other more tangible network assets.
> 
> Timetable for implementation: immediate
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