[arin-ppml] Draft Policy ARIN-2019-18: LIR/ISP Re-Assignment to Non-Connected Networks - Clarifying Language

[Owen DeLong]

> On Nov 3, 2019, at 13:58 , Ronald F. Guilmette <rfg at tristatelogic.com> wrote:
> 
> Owen DeLong has eloquently provided some historical context as to why
> ARIN enforcement of existing rules, such as the one at issue presently,
> has tended towards what might be called "light touch" regulation.
> 
> Irrespective of the propriety of that approach, I feel the need to
> point out that, to the best of my knowledge, no member has even been
> penalized in any way for having leased IP addresses in the absence of
> concomitant connectivity services.  (Now that the ARIN meeting has
> finished, I have faith that John Curran will correct me if this is
> just a misimpression on my part.)
> 
> On the other hand if I am correct that no member has even been penalized
> in any way, for having violated this existing rule, then it follows,
> I think, that repeal of the rule now would represent, in practice, a
> distinction without a difference, and would amount to the sound of one
> hand clapping.

That logic amounts to a convoluted version of “post hoc ergo propter hoc”.

There are multiple reasons that it could still be a distinction with a difference
even though ARIN has not penalized anyone for violating this provision to date…

1.	ARIN has not been presented sufficient evidence of such a circumstance
	with adequate detail to take action against the party with whom ARIN has
	a contractual relationship. (Remember, as long as they can show the
	fig leaf of a VPN or some other connectivity, the lease is technically valid
	under current policy).

2.	Less likely — This policy has not yet been abused or circumvented.

3.	Even if the policy has been circumvented and ARIN has not taken action,
	the level of such activity one can expect when said activity is prohibited by policy
	which is unenforced is still less than what you can expect when said activity
	is permitted,  condoned or encouraged by policy.

Owen