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

[Eric Brunner-Williams]

> must
> provide proof that they (1) are an active business entity legally
> operating within the ARIN service region

Well. I concur with Bill Herrin now, as I did in June when the same
dead horse was presented for beating (infra).

I repeat, the determination of nexus for a variety of ordinary
business purposes, unrelated to addresses and routing, is already well
established in existing law, and _this_isn't_allocation_policy_.

Perhaps we could have corporate counsel offer a 5m brief on personal
and subject matter jurisdiction.

This proposal should be abandoned. LEOs don't allocate or route, and
allocators and routers don't moonlight as LEOs.

Eric

-------- Original Message --------
Subject: Re: [arin-ppml] Draft Policy ARIN-2013-6: Allocation of IPv4
and IPv6 Address Space to Out-of-region Requestors
Date: Wed, 26 Jun 2013 10:45:55 -0700
From: Eric Brunner-Williams <ebw at abenaki.wabanaki.net>
Reply-To: ebw at abenaki.wabanaki.net
Organization: wampumpeag
To: John Curran <jcurran at arin.net>
CC: arin-ppml at arin.net <arin-ppml at arin.net>

I don't want to beat this jurisdictional horse much more, but the 1973
allocation of addresses to the TIP at NORSAR, the first
extra-territorial allocation of an ARPA address asset, did not arise
from a request originating in the US Departments of Justice, or State.

Jurisdiction was not an original constraint on allocation. Subsequent
allocations to the TIP in London, and later during the Defense
Communications Agency management period to sites in the West Pacific
and East Atlantic regions similarly did not arise from requests
originating in the US Departments of Justice, or State.

Jurisdiction as a constraint on allocation is proposed in the present.
My point is that it is novel, not required, and not a substitute for
existing law establishing nexus for a variety of ordinary business
purposes, unrelated to addresses and routing.

Eric
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