[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

[Morgan Humes]

Oppose.

On Thu, Jun 20, 2019 at 11:27 AM Alyssa Moore <alyssa at alyssamoore.ca> 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> 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
>> Office of Information Technology
>> University of Minnesota
>> 2218 University Ave SE        Phone: 612-626-0815
>> Minneapolis, MN 55414-3029   Cell: 612-812-9952
>> ===============================================
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