[arin-ppml] Recommended Draft Policy ARIN-2014-9: Resolve Conflict Between RSA and 8.2 Utilization Requirements

[Andrew Dul]

On 7/23/2014 10:13 AM, David Farmer wrote:
> On 7/23/14, 10:27 , ARIN wrote:
> ...
>> Recommended Draft Policy ARIN-2014-9
>> Resolve Conflict Between RSA and 8.2 Utilization Requirements
>>
>> Date: 23 July 2014
>>
>> AC's assessment of conformance with the Principles of Internet Number
>> Resource Policy:
>>
>> "This proposal enables fair and impartial number resource administration
>> by eliminating conflicting language in the NRPM with the RSA. This
>> proposal is technically sound. The NRPM should not contain language that
>> conflicts with the RSA. This proposal is supported by the community.
>> This proposal reflects current practice."
>>
>> Problem Statement:
>>
>> 8.2 transfer policy has utilization requirements at the time of the
>> review of the transfer request.
>>
>> The RSA section 6 expressly forbids ARIN from de-registering blocks (in
>> whole or in part) due to under-utilization or no-justification during
>> transfer requests.
>>
>> This is a direct conflict.
>>
>> Policy statement:
>>
>> Remove the words "aggregate" and "reclaim" from 8.2, so it reads:
>>
>> "In the event that number resources of the combined organizations are no
>> longer justified under ARIN policy at the time ARIN becomes aware of the
>> transaction, through a transfer request or otherwise, ARIN will work
>> with the resource holder(s) to return or transfer resources as needed to
>> restore compliance via the processes outlined in current ARIN policy."
>
> While I support the original version of this policy that completely
> removed this clause and the requirement for a resource review as part
> of an 8.2 transfer.  I also support this version that removes the
> words "aggregate" and "reclaim" from 8.2.  I believe it is absolutely
> necessary to resolve the conflict described in the problem statement
> and this policy text accomplishes that goal.
>
> While I support eliminating the requirement for a resource review as
> part of an 8.2 transfer, I feel that goes beyond what is minimally
> necessary to resolve the conflict described in the problem statement.
>

I do not support this draft policy as written. 

This current draft does not do anything substantive to fix the conflict
in the NRPM which exists because the RSA contractually obligates ARIN
not to reclaim address space for underutilization.  The current 8.2
policy and this proposed draft change will still result in orphan blocks
with incorrect stale registry information even when legitimate network
mergers and acquisitions occur.

The RSA is the controlling document between an organization and ARIN,
and the NRPM should not have policy which directly contradicts the
contractual limitations or obligations of the RSA.

Andrew