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

[Richard J. Letts]

> -----Original Message-----
> From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net] On
> Behalf Of ARIN
> Sent: 9 September 2015 6:39 AM
> To: arin-ppml at arin.net
> Subject: [arin-ppml] Draft Policy ARIN-2015-5: Out of region use - revised
> 

> 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.

I'm sorry but I don't see that lack of consensus on restriction means that you are going to be more successful in getting consensus on permission, nor that that is a logical option.

What problem are you trying to solve? Why is having an area of doubt and uncertainty causing an operational difficulty for the community, or ARIN staff?
Note: confusion and controversy in of itself doesn't mandate finding a solution... that sounds more like politics to me
This seems like policy making for the sake of it.

> 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.

Wow; really. The first part seems to contain a lot of words and redundancy, the next part requires ARIN staff to exercise a lot of work. You're allowing an applicant to snow you under with irrelevant information, and then allowing ARIN staff to ignore it. Seems like that will generate a lot of controversy when an application is denied under this section.

Richard Letts