[arin-ppml] Draft Policy ARIN-2013-6: Allocation of IPv4 and IPv6 Address Space to Out-of-region Requestors - Revised

[William Herrin]

On Wed, Sep 25, 2013 at 5:46 PM, Owen DeLong <owen at delong.com> wrote:
> On Sep 25, 2013, at 11:33 AM, William Herrin <bill at herrin.us> wrote:
>> This kind of restriction on international commerce is usually reserved
>> for national security issues. Foreign interests own ARIN region
>> infrastructure and do business with ARIN region customers all the
>> time, without registering themselves with the government. Just as
>> ARIN-region businesses do in Europe, Asia and elsewhere. Until there's
>> a need for employees in a country, it's not generally necessary and
>> often inappropriate to incorporate there.
>
> Foreign interests that own ARIN region infrastructure and do business in
> the ARIN region are either legally operating within the ARIN service region,
> or, they are violating the law by doing so, so I am not sure what it is that
> you find objectionable.
>
> For example, a German company operating in Virginia that has filed all
> of the necessary paperwork, has the proper permits and licenses, etc.
> would qualify under the above provision.

Hi Owen,

What permits, licenses or other government paperwork would a German
company need to own a few routers in Ashburn, buy telco DSL lines on
behalf of lata 236 customers and provide Internet access there?


>> I think ARIN should continue to follow the same ordinary business
>> practice everyone else does when it comes to the legal status of its
>> registrants: as long as there's a contactable legal existence
>> somewhere (and it's incumbent on the registrant to prove it) they
>> should pass muster as an organization capable of requesting resources.
>
> If they aren't operating in the region, why should they be able to receive
> resources from ARIN instead of having to get them from an RIR that serves
> someplace that they do operate?

Operating legally in a region != has a government registered legal
presence in the region

ARIN is not qualified to assess the former and would have a very
difficult time doing so. Staff and counsel made this point in the
analysis of the proposal.

The latter penalizes legitimate organizations for failing to register
with the government in a manner the government itself has not elected
to compel by law, an action far outside ARIN's mission.

Regards,
Bill Herrin


-- 
William D. Herrin ................ herrin at dirtside.com  bill at herrin.us
3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
Falls Church, VA 22042-3004