[arin-ppml] REVISED: Draft Policy ARIN-2012-8: Aligning 8.2 and 8.3 Transfer Policy

Mon Nov 19 20:21:34 EST 2012

My point in proposing this is not to exclude resuming operations (which I would consider within the spirit of the language I proposed), but to exclude acquiring assets that used to use resources as an adjunct to acquiring the resources with no intent of continuing said operations using the resources.

IOW, I want to avoid extending the more lenient 8.2 provisions to a sale where someone buys $100,000 worth of IP addresses and $20,000 worth of hardware and then sells the hardware to $SCRAP_DEALER just to keep the addresses.

Those kinds of purchases belong under the scrutiny of 8.3.

Owen

On Nov 19, 2012, at 12:13 PM, John Santos <JOHN at egh.com> wrote:

> On Mon, 19 Nov 2012, Chris Grundemann wrote:
> 
>> Thanks for the feedback Owen.
>> 
>> On Mon, Nov 19, 2012 at 12:26 PM, Owen DeLong <owen at delong.com> wrote:
>>> 1. first bullet, s/used/use/ in that the acquired assets should still be using the resources in order to justify an M&A transfer.
>> 
>> That would constitute a change from the existing text, which several
>> folks spoke against at the PPM. I'd like to get more feedback before
>> changing it back again. Comments from others in the community would be
>> very much appreciated.
>> 
> 
> Would this effect the case where an organization in financial difficulty
> has ceased operations (and so isn't currently using any of the assets),
> but the acquiring org is planning to resume operations?  Seems to me we
> should want to encourage that, rather than encouraging fire sales in
> this kind of situation.  Maybe adding " and intends to continue or resume 
> such use" to the first sentence.  Or would that constrain the recipient
> too much?
> 
> 
>>> 2. Third bullet should read "current and future ARIN policies".
>> 
>> Good catch, thanks.
>> 
>>> 3. Suggest updating the minimum transfer size specification to reflect "Current ARIN minimum allocation or assignment policy as defined in section 4 or section 6 or the original assignment size, whichever is smaller." since over time we have seen change
>> s in these minimums and I would prefer that the transfer policy automatically track other policy changes.
>> 
>> I believe that would effectively allow everyone to transfer v4/28s
>> today based on 4.10 - is this something the community wants to allow?
>> More feedback in this area would also be helpful.
>> 
>> Cheers,
>> ~Chris
>> 
>>> 
>>> Owen
>>> 
>>> 
>>> Sent from my iPad
>>> 
>>> On Nov 19, 2012, at 9:55 AM, Chris Grundemann <cgrundemann at gmail.com> wrote:
>>> 
>>>> Hail PPML,
>>>> 
>>>> Following discussion at the 30th ARIN PPM, ARIN-2012-8 has been
>>>> revised. A change-log has been added to the rationale. Please send
>>>> feedback at your earliest convenience.
>>>> 
>>>> ----8<----8<----8<----
>>>> Draft Policy ARIN-2012-8 Aligning 8.2 and 8.3 Transfer Policy
>>>> 
>>>> Date: 19 November 2012
>>>> 
>>>> Policy statement:
>>>> 
>>>> Replace the first paragraph of section 8.2 with the following (second
>>>> paragraph remains unchanged):
>>>> 
>>>> ARIN will consider requests for the transfer of number resources in
>>>> the case of mergers and acquisitions under the following conditions:
>>>> 
>>>> * The new entity must provide evidence that they have acquired assets
>>>> that used the resources transferred from the current registrant. ARIN
>>>> will maintain an up-to-date list of acceptable types of documentation.
>>>> * The current registrant must not be involved in any dispute as to
>>>> the status of the transferred resources.
>>>> * The new entity must sign an RSA covering all transferred resources.
>>>> * The transferred resources will be subject to current ARIN policies.
>>>> * The minimum IPv4 transfer size is a /24, or the original assignment
>>>> size, whichever is smaller.
>>>> * The minimum IPv6 transfer size is a /48.
>>>> 
>>>> Rationale:
>>>> 
>>>> The base intent here is to lower confusion, raise clarity, and level
>>>> the bar between 8.2 and 8.3 transfers. M&A transfers are distinct from
>>>> specified transfers and not all of the same rules can apply - but many
>>>> can and should. Therefor this policy change explicitly adds
>>>> requirements which do not exist in 8.2 policy text today: Source must
>>>> be the undisputed current registered holder, recipient must sign an
>>>> RSA (and is subject to policy), and /24 minimum for IPv4, /48 for
>>>> IPv6.
>>>> 
>>>> Changes following discussion at the ARIN XXX public policy meeting:
>>>> 1) Changed the first bullet. This was an area for objections because
>>>> it did not allow chain of custody transfers, so now instead of saying
>>>> that the purchased company must be the current registrant holder it
>>>> simply says that there can not be any dispute as to who the registered
>>>> holder is.
>>>> 2) Removed the " such that their continued need is justified" text
>>>> from the second bullet, this was another area of debate at the meeting
>>>> and justification is already covered in paragraph 2 of 8.2 (which
>>>> remains unchanged).
>>>> 3) Swapped the first two bullets.
>>>> 4) Added "covering all transferred resources" to the RSA bullet, for clarity.
>>>> 5) Swapped the third and fourth bullets.
>>>> 6) Altered the IPv4 minimum allocation to bring it in line with 4.10
>>>> resources and any future exceptions.
>>>> 
>>>> Timetable for implementation: immediate
>>>> ----8<----8<----8<----
>>>> 
>>>> Cheers,
>>>> ~Chris
>>>> 
>>>> 
>>>> --
>>>> @ChrisGrundemann
>>>> http://chrisgrundemann.com
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>> 
>> 
>> 
>> --
>> @ChrisGrundemann
>> http://chrisgrundemann.com
>> _______________________________________________
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> 
> -- 
> John Santos
> Evans Griffiths & Hart, Inc.
> 781-861-0670 ext 539