[arin-ppml] Recommended Draft Policy ARIN 2015-2 Modify 8.4 (Inter-RIR Transfers to Specified Recipients)

[Jason Schiller]

I support as written.

However it occurs to me, why doesn't this text also apply to 8.3 intra-ARIN
specified transfers?

1. I see no reason why intra-compnay transfers where the recipient is
outside of the ARIN region, be treated any differently than when the
recipient is inside the ARIN region.

2. In fact I think if anything we would want to be equally or more liberal
when the recipient is inside the ARIN region to have a greater chance of
enforcing anti-flip restrictions (which we cannot easily do outside of the
region).

3. I would like to avoid further diverging 8.3 and 8.4.  One could imagine
merging 8.3 and 8.4 into a single section, and the community has asked the
AC to undertake that work.

___Jason

On Tue, May 24, 2016 at 5:23 PM, ARIN <info at arin.net> wrote:

>
> Recommended Draft Policy ARIN-2015-2 Modify 8.4 (Inter-RIR Transfers to
> Specified Recipients)
>
> On 19 May 2016 the ARIN Advisory Council (AC) advanced 2015-2 to
> Recommended Draft Policy status.
>
> The text of the Recommended Draft Policy is below, and may also be found
> at:
> https://www.arin.net/policy/proposals/2015_2.html
>
> You are encouraged to discuss all Recommended Draft Policies on PPML prior
> to their presentation at the next ARIN Public Policy Consultation (PPC).
> PPML and PPC discussions are invaluable to the AC when determining
> community consensus.
>
> The PDP can be found at:
> https://www.arin.net/policy/pdp.html
>
> Draft Policies and Proposals under discussion can be found at:
> https://www.arin.net/policy/proposals/index.html
>
> Regards,
>
> Communications and Member Services
> American Registry for Internet Numbers (ARIN)
>
>
>
> Recommended Draft Policy ARIN 2015-2
> Modify 8.4 (Inter-RIR Transfers to Specified Recipients)
>
> Date: 24 May 2016
>
> AC's assessment of conformance with the Principles of Internet Number
> Resource Policy:
>
> Draft Policy ARIN 2015-2 contributes to fair and impartial number
> resources administration by removing an impediment to the transfer of IPv4
> numbering resources to other RIRs when business needs change within the
> first 12 months of receipt of a 24 month supply of IP addresses by an
> entity via the transfer market. It is technically sound in that it balances
> removing limits on transfers of IPv4 numbering resources to other RIRs with
> safeguards related to ownership and control described in the draft policy
> to reduce the likelihood of fraudulent transactions. There was strong
> community support for this draft policy at the NANOG 66 PPC and ARIN 37,
> subject only to some suggested editorial changes which have now been
> implemented in the latest version.
>
> Problem Statement:
>
> Organizations that obtain a 24 month supply of IP addresses via the
> transfer market and then have an unexpected change in business plan are
> unable to move IP addresses to the proper RIR within the first 12 months of
> receipt.
>
> Policy statement:
>
> Replace 8.4, bullet 4, to read:
>
> "Source entities within the ARIN region must not have received a transfer,
> allocation, or assignment of IPv4 number resources from ARIN for the 12
> months prior to the approval of a transfer request, unless either the
> source or recipient entity owns or controls the other, or both are under
> common ownership or control. This restriction does not include M&A
> transfers."
>
> Comments: Organizations that obtain a 24 month supply of IP addresses via
> the transfer market and then have an unexpected change in business plan are
> unable to move IP addresses to the proper RIR within the first 12 months of
> receipt. The need to move the resources does not flow from ARIN policy, but
> rather from the requirement of certain registries outside the ARIN region
> to have the resources moved in order to be used there.
>
> The intention of this change is to allow organizations to perform
> inter-RIR transfers of space received via an 8.3 transfer regardless of the
> date transferred to ARIN. A common example is that an organization acquires
> a block located in the ARIN region, transfers it to ARIN, then 3 months
> later, the organization announces that it wants to launch new services out
> of region. Under current policy, the organization is prohibited from moving
> some or all of those addresses to that region's Whois if there is a need to
> move them to satisfy the rules of the other region requiring the movement
> of the resources to that region in order for them to be used there.
> Instead, the numbers are locked in ARIN's Whois. It's important to note
> that 8.3 transfers are approved for a 24 month supply, and it would not be
> unheard of for a business model to change within the first 12 months after
> approval. The proposal also introduces a requirement for an affiliation
> relationship between the source and recipient entity, based on established
> corporate law principles, so as to make it reasonably likely that
> eliminating the 12 month anti-flip period in that situation will meet the
> needs of organizations that operate networks in more than one region
> without encouraging abuse.
>
> a. Timetable for implementation: Immediate
>
> b. Anything else: N/A
>
> #####
>
> ARIN STAFF & LEGAL ASSESSMENT
> Draft Policy ARIN-2015-2
> MODIFY 8.4 (INTER-RIR TRANSFERS TO SPECIFIED RECIPIENTS)
> https://www.arin.net/policy/proposals/2015_2.html
>
> Date of Assessment: 17 May 2016
>
> ___
> 1. Summary (Staff Understanding)
>
> Currently, organizations are unable to act as a source on an 8.4 transfer
> of IPv4 address space if they have received IPv4 address space in the past
> 12 months from ARIN's IPv4 free pool, the waiting list for unmet requests,
> or an 8.3 transfer. This draft policy lifts the 12-month restriction in
> cases when the source or recipient entity owns or controls the other, or
> both are under common ownership or control.
>
> ___
> 2. Comments
>
> A. ARIN Staff Comments
>
> * If this policy is implemented, ARIN staff would no longer apply a
> 12-month time restriction to organizations who wish to 8.4 transfer IPv4
> addresses to themselves or in cases when the source or recipient entity
> owns or controls the other, or both are under common ownership or control.
>
> * This policy could be implemented as written.
>
> B. ARIN General Counsel – Legal Assessment
>
> Concerns raised by the GC regarding previous versions of this policy have
> been satisfactorily addressed in the current draft. The current proposed
> draft does not create material legal issues for ARIN. In order to determine
> when entities are under common ownership or control, traditional legal
> standards will be applied by ARIN.
>
> ___
> 3. Resource Impact
>
> Implementation of this policy would have minimal resource impact. It is
> estimated that implementation would occur within 3 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
>
> ___
> 4. Proposal / Draft Policy Text Assessed
>
> Draft Policy ARIN 2015-2
> Modify 8.4 (Inter-RIR Transfers to Specified Recipients)
>
> Date: 11 May 2016
>
> Problem Statement:
>
> Organizations that obtain a 24 month supply of IP addresses via the
> transfer market and then have an unexpected change in business plan are
> unable to move IP addresses to the proper RIR within the first 12 months of
> receipt.
>
> Policy statement:
>
> Replace 8.4, bullet 4, to read: "Source entities within the ARIN region
> must not have received a transfer, allocation, or assignment of IPv4 number
> resources from ARIN for the 12 months prior to the approval of a transfer
> request, unless either the source or recipient entity owns or controls the
> other, or both are under common ownership or control. This restriction does
> not include M&A transfers."
>
> Comments: Organizations that obtain a 24 month supply of IP addresses via
> the transfer market and then have an unexpected change in business plan are
> unable to move IP addresses to the proper RIR within the first 12 months of
> receipt. The need to move the resources does not flow from ARIN policy, but
> rather from the requirement of certain registries outside the ARIN region
> to have the resources moved in order to be used there.
>
> The intention of this change is to allow organizations to perform
> inter-RIR transfers of space received via an 8.3 transfer regardless of the
> date transferred to ARIN. A common example is that an organization acquires
> a block located in the ARIN region, transfers it to ARIN, then 3 months
> later, the organization announces that it wants to launch new services out
> of region. Under current policy, the organization is prohibited from moving
> some or all of those addresses to that region's Whois if there is a need to
> move them to satisfy the rules of the other region requiring the movement
> of the resources to that region in order for them to be used there.
> Instead, the numbers are locked in ARIN's Whois. It's important to note
> that 8.3 transfers are approved for a 24 month supply, and it would not be
> unheard of for a business model to change within the first 12 months after
> approval. The proposal also introduces a requirement for an affiliation
> relationship between the source and recipient entity, based on established
> corporate law principles, so as to make it reasonably likely that
> eliminating the 12 month anti-flip period in that situation will meet the
> needs of organizations that operate networks in more than one region
> without encouraging abuse.
>
> a. Timetable for implementation: Immediate
> b. Anything else: N/A
> _______________________________________________
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-- 
_______________________________________________________
Jason Schiller|NetOps|jschiller at google.com|571-266-0006
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