[arin-ppml] ARIN-2019-7: Elimination of the Waiting List

[John Santos]

Oppose

On 6/20/2019 12:27 PM, Alyssa Moore wrote:
> 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 
> <mailto:farmer at umn.edu>> wrote:
>
>
>
>     On Sun, Jun 16, 2019 at 2:50 PM Mueller, Milton L
>     <milton at gatech.edu <mailto: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 <mailto:Email%3Afarmer at umn.edu>
>     Networking & Telecommunication Services
>     Office of Information Technology
>     University of Minnesota
>     2218 University Ave SE        Phone: 612-626-0815
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>     ===============================================
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-- 
John Santos
Evans Griffiths & Hart, Inc.
781-861-0670 ext 539

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