[arin-ppml] ARIN-2019-7: Elimination of the Waiting List (was:Re: Looking for final show of support on revised Advisory Council Recommendation Regarding NRPM 4.1.8. Unmet Requests

[Alyssa Moore]

Hi folks,

Trying to do a temperature check here. If you're following this thread,
please indicate whether you support or oppose this draft policy.

On Mon, Jun 17, 2019 at 11:42 AM David Farmer <farmer at umn.edu> wrote:

>
>
> On Sun, Jun 16, 2019 at 2:50 PM Mueller, Milton L <milton at gatech.edu>
> wrote:
>
>> OK, I’ve read it, and here is my reaction:
>>
>>
>>
>> This policy requires legal comment. ARIN’s Articles and Bylaws do not
>> specifically prohibit ARIN from monetizing returned or revoked resources by
>> selling those resources into the transfer market
>>
>>
>>
>> So point #1 is that this proposed policy does not violate any articles or
>> bylaws.
>>
>>
>>
>> Today, ARIN does not financially benefit in any material way from such
>> revocations. Adoption of this policy would for the first time allow the
>> party in a contested revocation situation to argue that ARIN seeks to
>> financially benefit. Avoiding that concern is also significant.
>>
>>
>>
>> I am totally unimpressed with this argument. If ARIN revokes addresses
>> for nonpayment it is financially benefiting from the revocation is it not?
>> It is basically taking them back because it is not getting paid.
>>
>>
>>
>> If ARIN “gets paid” by selling the numbers into the transfer market what
>> is the difference exactly?
>>
>
> Referring to the waiting list policy, the Draft Policy says, "this policy
> provides valuable number resources essentially for free".
>
> Yes, ARIN currently financially benefits, but currently, that benefit is
> at a level of cost recovery, "essentially for free" as stated above.
> Whereas, if ARIN were to dispose of resources using the market, the level
> of financial benefit is likely to be orders of magnitude larger.
> Furthermore, if this wasn't the case, then the impact on the market and the
> potential for fraud supposedly created by the waiting list, that the draft
> policy proposes to mitigate, wouldn't exist in the first place.
>
> In short, "what is the difference", probably, several orders of magnitude
> in the level of financial benefit involved. Where the financial motivations
> from simple "cost recovery" can probably be summarily dismissed by the
> court. Whereas the potential financial motivations, that one might even
> call a windfall, from market-based transactions probably at least needs to
> be examined and evaluated by the court, and probably wouldn't be summarily
> dismissed. The outcome of the two situations might be the same in the end,
> but the level of effort involved defending and the level of risk of an
> adverse ruling, are not the same at all.
>
> More generally, ARIN participating in the market seems distasteful and
> counter to its overall mission, but doesn't directly violate its Articles
> and Bylaws.
>
> That said that doesn't mean ARIN can't implement the policy, but these
> risks need to be evaluated when compared to other alternatives being
> considered, along with the possible benefits this policy could have as well.
>
> --
> ===============================================
> David Farmer               Email:farmer at umn.edu
> Networking & Telecommunication Services
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