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

[Blecker, Christoph]

Just a few comments as the originator:
My purpose for writing this (it's my first formal proposal, so please be kind!) was to solve one of the issues that ARIN Counsel spoke about at ARIN XXIX surrounding draft policy ARIN-2012-3.

I actually share some of the concerns brought up by other community members on this list around assigning value to ASN numbers or other number resources. It's my own personal belief that allowing values to be placed on those resources isn't a good thing, and should be avoided where possible.

The simplest way I saw to avoid assigning value or abusing this policy, was to tie the resources to other tangible assets that do have value. I actually agree it might not be the best, but I wanted to get the discussion going. The heart of the issue I'm trying to get at is solving a very real legal issue for ARIN Counsel, while not opening the door for artificial valuation of number resources (except for IPv4 addresses per what 8.3 already permits). I am very open to other community suggestions to modify this, or other ways to accomplish this goal. The result of this would be to have something in place to deal with bankruptcy situations, and not have that one piece cloud the ongoing discussion on ARIN-2012-3 (or other future talks about transfers of resources).

Thank you to all for your input.

Cheers,
Christoph

> -----Original Message-----
> From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net] On
> Behalf Of ARIN
> Sent: May-09-12 1:47 PM
> To: arin-ppml at arin.net
> Subject: [arin-ppml] ARIN-prop-170 Transfer of Number Resources in case of
> Bankruptcy
> 
> 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.
> 
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> particularly their support or non-support and the reasoning
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> 
> Draft Policies and Proposals under discussion can be found at:
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> 
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> Regards,
> 
> Communications and Member Services
> American Registry for Internet Numbers (ARIN)
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> 
> ## * ##
> 
> 
> 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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