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

[Scott Leibrand]

On Thu, May 10, 2012 at 3:40 PM, Blecker, Christoph <
christoph.blecker at ubc.ca> wrote:

> 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.


Christoph,

First off, thanks for submitting a proposal on a timely issue, and
solidifying the discussion around a core issue.

As it currently reads, NRPM 8.2 allows for the transfer of any number
resources (IPv4, IPv6, and ASNs) when the underlying network resources that
justified the resources(s) are transferred through merger or acquisition
activity (including bankruptcy).

The challenge identified by Counsel, as I understand it, is that sometimes
organizations (particularly those being broken up during bankruptcy) wish
to transfer the right to use number resources separately from the
underlying tangible assets in order to maximize their value.  That is
currently only allowed for IPv4 resources, via 8.3 transfers.

If we think it only appropriate to allow ASN transfers when underlying
 network equipment is being transferred, then I don't think any new policy
is necessary.  However, if we think it would be appropriate to allow ASNs
to be transferred independently of the underlying network resources in
certain situations, that would require new policy, and the framework you've
proposed (or a similar modification of 8.2) would be an excellent place to
start.

-Scott
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