[arin-ppml] Draft Policy ARIN-2015-5: Out of region use - revised

Thu Sep 10 20:48:20 EDT 2015

> On Sep 10, 2015, at 20:30, Scott Leibrand <scottleibrand at gmail.com> wrote:
> 
>> On Thu, Sep 10, 2015 at 2:40 PM, Martin Hannigan <hannigan at gmail.com> wrote:
>> 
>> I use my addresses globally and will continue to do so as needed.  I've never needed a policy to tell me I can or can't. 
>> 
>> Why can't ARIN just confirm that they're a business and be done with it? Isn't this what we pay them for?
> 
> ARIN staff has indicated that a policy like this one is required for them to stop interpreting ICP-2 as requiring in-region use of addresses.  In other words, you may not have needed a policy to use your addresses globally, but ARIN has indicated they do need a policy for others to do so.
> 
>> 
>> GOTO 10
>> 
>> Not in favor.
> 
> Do you have any arguments against the proposal?  "I've never needed a policy to tell me I can use my addresses globally" doesn't seem sufficient to me as reason to oppose it, particularly since others have not been able to do so.
> 
> -Scott
>  

Obviously that argument falls flat. See ASN 20940.  And others. I've been perfectly clear in my "needs" statement as to where I'm deploying requested numbers on day one.  Globally. ARIN assigning inconsistently is a staff problem, not a policy issue isn't it?

Do you have any _credible arguments for the proposal?   This one is as weak as the last four? attempts. 

Best, 

-M<

>>> On Wed, Sep 9, 2015 at 9:38 AM, ARIN <info at arin.net> wrote:
>>> ARIN-2015-5 has been revised.
>>> 
>>> You are encouraged to discuss the merits and your concerns of Draft
>>> Policy 2015-5 on the Public Policy Mailing List.
>>> 
>>> The AC will evaluate the discussion in order to assess the conformance
>>> of this draft policy with ARIN's Principles of Internet Number Resource
>>> Policy as stated in the PDP. Specifically, these principles are:
>>> 
>>>    * Enabling Fair and Impartial Number Resource Administration
>>>    * Technically Sound
>>>    * Supported by the Community
>>> 
>>> ARIN-2015-5 is below and can be found at:
>>> https://www.arin.net/policy/proposals/2015_5.html
>>> 
>>> Regards,
>>> 
>>> Communications and Member Services
>>> American Registry for Internet Numbers (ARIN)
>>> 
>>> 
>>> ## * ##
>>> 
>>> 
>>> Draft Policy ARIN-2015-5
>>> Out of region use
>>> 
>>> Date: 9 September 2015
>>> 
>>> Problem statement:
>>> 
>>> Current policy neither clearly forbids nor clearly permits out of region use of ARIN registered resources. This has created confusion and controversy within the ARIN community for some time. Earlier work on this issue has explored several options to restrict or otherwise limit out of region use. None of these options have gained consensus within the community. The next logical option is a proposal that clearly permits out of region use while addressing the key concerns expressed about unlimited openness to out of region use and enables ARIN staff to implement the policy efficiently.
>>> 
>>> Policy statement:
>>> 
>>> Create new Section X: ARIN registered resources may be used outside the ARIN service region.
>>> 
>>> Out of region use of ARIN registered resources are valid justification for additional number resources, provided that the applicant has a real and substantial connection with the ARIN region which applicant must prove (as described below) and is using the same type of resources (with a delegation lineage back to an ARIN allocation or assignment) within the ARIN service region as follows:
>>> 
>>> * IPv4: At least a /22 used in region
>>> * IPv6: At least a /44 used in region
>>> * ASN: At least one ASN present on one or more peering sessions and/or routers within the region.
>>> 
>>> A real and substantial connection shall be defined as carrying on business in the ARIN region in a meaningful manner, whether for or not for profit. The determination as to whether an entity is carrying on business in the ARIN region in a meaningful manner shall be made by ARIN. Simply being incorporated in the ARIN region shall not be sufficient, on its own, to prove that an entity is carrying on business in the ARIN region in a meaningful manner. Methods that entities may consider using, including cumulatively, to prove that they are carrying on business in the ARIN region in a meaningful manner include:
>>> * Demonstrating a physical presence in the ARIN region through a bricks and mortar location that is actually used for the purposes of conducting business in the ARIN region in a meaningful manner. That is to say, the location is not merely a registered office that serves no other business purpose.
>>> * Demonstrating that the entity has staff in the ARIN region. The greater the number of staff, the stronger this connecting factor is.
>>> * Demonstrating that the entity holds assets in the ARIN region. The greater the asset value, the stronger this connecting factor is.
>>> * Demonstrating that the entity provides services to or solicits sales from residents of the ARIN region.
>>> * Demonstrating that the entity holds annual meetings in the ARIN region.
>>> * Demonstrating that the entity raises investment capital from investors in the ARIN region.
>>> * Demonstrating that the entity has a registered office in the ARIN region, although this factor on its own shall not be sufficient.
>>> * Any other method that the entity considers appropriate.
>>> The weight accorded to any of the above-noted factors, if any, shall be determined solely by ARIN.
>>> 
>>> The services and facilities used to justify the need for ARIN resources that will be used out of region cannot also be used to justify resource requests from another RIR. When a request for resources from ARIN is justified by need located within another RIR's service region, an officer of the application must attest that the same services and facilities have not been used as the basis for a resource request in the other region(s). ARIN reserves the right to request a listing of all the applicant's number holdings in the region(s) of proposed use, but this should happen only when there are significant reasons to suspect duplicate requests.
>>> 
>>> Comments:
>>> 
>>> a) Timetable for implementation: Various iterations of this policy have been presented and debated by ARIN for well over a year now. Given the amount of time that has already been spent on developing a policy, ideally, this policy would be implemented as soon as possible.
>>> b) Explanation of draft policy: The draft policy addresses both the problem statement as well as the concerns raised at ARIN 35 by participants as well as ARIN counsel.
>>> Firstly, the draft policy addresses the concerns of ARIN counsel as well as some of the participants at ARIN 35 by ensuring that anyone requesting numbered resources from ARIN has a real and substantial connection with the ARIN region. This should go a long way to addressing concerns about fraud, legal liability, and interference with the jurisdiction of other RIRs.
>>> In addition, by placing the burden of proof for demonstrating a real and substantial connection with the ARIN region on the applicant, the amount of work required of ARIN staff to apply the policy will be reduced.
>>> The factors noted above are suggestions that an entity may use to demonstrate to ARIN that it is carrying on business in the ARIN region in a meaningful manner. These factors are all indicative, some more than others, that an entity has a real and substantial connection to the ARIN region through the carrying on of business in the ARIN region in a meaningful manner. Not all of the factors will apply in a given case and proving a single factor may not be enough to satisfy ARIN that an entity is carrying on business in the region in a meaningful manner. The list of factors is meant to be quite broad, including an open-ended factor, in order to capture the diversity of businesses that operate in the ARIN region and that may justifiably require numbered resources from ARIN. This approach is very similar to the practical method that courts typically apply to assess whether parties have a sufficient connection to a jurisdiction so as to require them to submit themselves to the courts of that jurisdiction.
>>> 
>>> This draft policy is a substantial improvement over the previous version of ARIN-2014-1 in terms of reducing the overall risk to the community by requiring a real and substantial connection between an entity requesting resources and the ARIN region.
>>> 
>>> #####
>>> 
>>> ARIN STAFF & LEGAL ASSESSMENT
>>> 
>>> Draft Policy ARIN-2015-5
>>> OUT OF REGION USE
>>> https://www.arin.net/policy/proposals/2015_5.html
>>> 
>>> Date of Assessment: 18 August 2015
>>> 
>>> ___
>>> 1. Summary (Staff Understanding)
>>> 
>>> This proposal would allow an organization to receive Internet number resources from ARIN for use out of region as long as the applicant is currently using at least the equivalent of a /22 of IPv4, /44 of IPv6, or 1 ASN within the ARIN service region, respectively. In addition, the applicant must have a real and substantial connection with the ARIN region, which the applicant shall be responsible for proving.
>>> 
>>> ___
>>> 2. Comments
>>> 
>>> A. ARIN Staff Comments
>>> 
>>> This policy would increase the complexity of ARIN staff review work in request cases that fit the profile of this policy. There would in an increase in the vetting and utilization verification work currently conducted by ARIN staff.
>>> 
>>> There are conflicting instructions to ARIN staff in this policy text. Specifically, the text says, "The determination as to whether an entity is carrying on business in the ARIN region in a meaningful manner shall be made by ARIN." Then at the end of the examples given, the text states, "Any other method that the entity considers appropriate." This implies that ARIN staff may have to accept anything presented by an organization as a method of proving a "real and substantial connection with the ARIN region."
>>> 
>>> It is not clear if the utilized /22, /44 or AS Number are required to have been issued by ARIN or is it allowable to be from another RIR.
>>> 
>>> This policy would be placed in the NRPM as section 9, "Out of Region Use".
>>> 
>>> B. ARIN General Counsel â€“ Legal Assessment
>>> 
>>> If the policy is enacted it will require ARIN staff to work with counsel with some attendant increase in costs in the first year to manage implementation. The policy is consistent with standard legal principles routinely utilized in the ARIN region. The policy creates no material legal risks.
>>> 
>>> ___
>>> 3. Resource Impact
>>> This policy could have a major resource impact from an implementation aspect. It is estimated that implementation would occur within 12 months after ratification by the ARIN Board of Trustees. The following would be needed in order to implement:
>>> 
>>> * Updated guidelines and internal procedures
>>> * Staff training
>>> * Engineering: Engineering efforts to handle out of region business rules may besubstantial as our system only supports ascii now. If there is a need for unicode character sets, then there is a substantial amount of work required to upgrade the DB and applications to support unicode. Additionally, we would need to discuss how to display unicode characters in port 43 whois. There may be additional tools needed by RSD staff to measure in region/out of region use.
>>> 
>>> ___
>>> 4. Proposal / Draft Policy Text Assessed
>>> 
>>> Draft Policy ARIN-2015-5
>>> 
>>> Date: 23 June 2015
>>> 
>>> Problem statement:
>>> Current policy neither clearly forbids nor clearly permits out or region use of ARIN registered resources. This has created confusion and controversy within the ARIN community for some time. Earlier work on this issue has explored several options to restrict or otherwise limit out of region use. None of these options have gained consensus within the community. The next logical option is a proposal that clearly permits out of region use while addressing the key concerns expressed about unlimited openness to out of region use and enables ARIN staff to implement the policy efficiently.
>>> 
>>> Policy statement:
>>> Create new Section X:
>>> ARIN registered resources may be used outside the ARIN service region. Out of region use of IPv4, IPv6, or ASNs are valid justification for additional number resources if the applicant is currently using at least the equivalent of a /22 of IPv4, /44 of IPv6, or 1 ASN within the ARIN service region, respectively. In addition, the applicant must have a real and substantial connection with the ARIN region, which the applicant shall be responsible for proving.
>>> A real and substantial connection shall be defined as carrying on business in the ARIN region in a meaningful manner, whether for or not for profit. The determination as to whether an entity is carrying on business in the ARIN region in a meaningful manner shall be made by ARIN. Simply being incorporated in the ARIN region shall not be sufficient, on its own, to prove that an entity is carrying on business in the ARIN region in a meaningful manner. Methods that entities may consider using, including cumulatively, to prove that they are carrying on business in the ARIN region in a meaningful manner include:
>>> * Demonstrating a physical presence in the ARIN region through a bricks and mortar location that is actually used for the purposes of conducting business in the ARIN region in a meaningful manner. That is to say, the location is not merely a registered office that serves no other business purpose.
>>> * Demonstrating that the entity has staff in the ARIN region. The greater the number of staff, the stronger this connecting factor is.
>>> * Demonstrating that the entity holds assets in the ARIN region. The greater the asset value, the stronger this connecting factor is.
>>> * Demonstrating that the entity provides services to or solicits sales from residents of the ARIN region.
>>> * Demonstrating that the entity holds annual meetings in the ARIN region.
>>> * Demonstrating that the entity raises investment capital from investors in the ARIN region.
>>> * Demonstrating that the entity has a registered office in the ARIN region, although this factor on its own shall not be sufficient.
>>> * Any other method that the entity considers appropriate.
>>> The services and facilities used to justify the need for ARIN resources that will be used out of region cannot also be used to justify resource requests from another RIR. When a request for resources from ARIN is justified by need located within another RIR's service region, the officer of the applicant must attest that the same services and facilities have not been used as the basis for a resource request in the other region(s). ARIN reserves the right to request a listing of all the applicant's number holdings in the region(s) of proposed use, but this should happen only when there are significant reasons to suspect duplicate requests.
>>> 
>>> Comments:
>>> a) Timetable for implementation: Various iterations of this policy have been presented and debated by ARIN for well over a year now. Given the amount of time that has already been spent on developing a policy, ideally, this policy would be implemented as soon as possible.
>>> b) Explanation of draft policy: The draft policy addresses both the problem statement as well as the concerns raised at ARIN 35 by participants as well as ARIN counsel.
>>> Firstly, the draft policy addresses the concerns of ARIN counsel as well as some of the participants at ARIN 35 by ensuring that anyone requesting numbered resources from ARIN has a real and substantial connection with the ARIN region. This should go a long way to addressing concerns about fraud, legal liability, and interference with the jurisdiction of other RIRs.
>>> In addition, by placing the burden of proof for demonstrating a real and substantial connection with the ARIN region on the applicant, the amount of work required of ARIN staff to apply the policy will be reduced.
>>> The factors noted above are suggestions that an entity may use to demonstrate to ARIN that it is carrying on business in the ARIN region in a meaningful manner. These factors are all indicative, some more than others, that an entity has a real and substantial connection to the ARIN region through the carrying on of business in the ARIN region in a meaningful manner. Not all of the factors will apply in a given case and proving a single factor may not be enough to satisfy ARIN that an entity is carrying on business in the region in a meaningful manner. The list of factors is meant to be quite broad, including an open-ended factor, in order to capture the diversity of businesses that operate in the ARIN region and that may justifiably require numbered resources from ARIN. This approach is very similar to the practical method that courts typically apply to assess whether parties have a sufficient connection to a jurisdiction so as to require them to submit themselves to the courts of that jurisdiction.
>>> This draft policy is a substantial improvement over the previous version of ARIN-2014-1 in terms of reducing the overall risk to the community by requiring a real and substantial connection between an entity requesting resources and the ARIN region.
>>> _______________________________________________
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>> 
>> 
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