[arin-ppml] ARIN-PPML Digest, Vol 106, Issue 8 (Sandra Brown)

[John Curran]

On Apr 7, 2014, at 10:17 AM, Milton L Mueller <mueller at syr.edu> wrote:
>> To the extent that the community feels that registry policy should be
>> applicable in general to the management of address blocks in the region,
>> then the rights afforded to address holders must definitely be a subset of
>> what most folks would consider "property rights."  In particular, to the extent
> 
> I think the real issue is whether ARIN has any rights claims over number block holders it does not have a contract with. ...

ARIN has does have the right to manage the all of the address blocks 
in the registry in accordance with the community-developed policy (and 
we have doing so since inception); ergo the responsibility lies with 
those who assert otherwise to build and argue a meaningful case.

>> absent any change in
>> direction, ARIN must hold to the position set at its establishment and its in
>> foundational documents that all address space in the registry is subject to
>> community-develop number resource policy.
> 
> Not sure I buy the assertion that these principles were in the foundational documents; ...

For example: <https://www.nsf.gov/news/news_summ.jsp?cntn_id=102819> -
"Creation of ARIN will give the users of IP numbers (mostly Internet 
service providers, corporations and other large institutions) a voice 
in the policies by which they are _managed and allocated_ [emphasis
added] within the North American region."  ARIN's incorporation is 
another example, noting a purpose to "manage and help conserve scarce 
Internet protocol resources" As another example,  RFC 2050 was most 
certainly definitive at the time and is quite explicit on the matter - 
"The transfer of IP addresses from one party to another must be 
approved by the regional registries.  The party trying to obtain the 
IP address must meet the same criteria as if they were requesting an 
IP address directly from the IR."

I believe that the community is free to change the applicable number 
resource policy in this area, but it would be rather difficult to argue 
that the application of community-developed policy (to transfers of 
already issued resources in the region) has not been position that 
has been in existence since the establishment of ARIN.

> I think it would be easier for everyone if ARIN would just ease its needs-assessment requirements for transfers. The whole threat of litigation could be dissipated in a week if this happened. 

It is certainly possible for the community to end up with policies 
which no longer require needs-assessment with respect to transfers;
ARIN would follow such policies with respect to the management of 
all resources in the registry, i.e. while such a change may address
timely concerns held by some, that would not result in any change to
the position that the ARIN community can establish policies applicable 
to the management of all number resources in the registry.

FYI,
/John

John Curran
President and CEO
ARIN