[arin-ppml] ARIN-PPML Digest, Vol 106, Issue 8 (Sandra Brown)
jcurran at arin.net
Mon Apr 7 11:05:38 EDT 2014
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.
President and CEO
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