[arin-ppml] Revised and Reverted to Draft Policy - Draft Policy ARIN-2019-1: Clarify Section 4 IPv4 Request Requirements

[Brian Jones]

I support this proposal as written.
—
Brian

On Thu, May 14, 2020 at 10:56 AM Kat Hunter <takokat81 at gmail.com> wrote:

> After making adjustments to the text, ARIN staff and legal conducted a new
> staff and legal review on 2019-1. You can view the updated review here:
> https://www.arin.net/participate/policy/drafts/2019_1/#staff-and-legal-review-30-april-2020 .
> It has been suggested that
> "It is worth noting that this Draft Policy does not include the removal
> of pending ARIN Waitlist requests for organizations that act as source
> organizations for 8.2, 8.3, or 8.4 transfers, which would allow them to
> conduct such transfers while waitlisted, and receive resources from the
> ARIN Waitlist immediately thereafter, as all organizations on the ARIN
> Waitlist have already applied, and are pending fulfillment.
>
> The text is clear and understandable, and can be implemented as written."
>
> After some discussion with some members of the AC, it was suggested that a
> new subsection is added to section 8 which would allow for additional
> clarity from this policy and some future cleanup via other future policy.
>
> "8.6 Waitlist Restrictions
>
> Any organization which is on the wait list and submits a request to be the
> source of a transfer under any provision in section 8 will be summarily
> removed from the wait list."
>
> I'd like to get the community's thoughts on the addition. With this
> addition, would you support the policy as written?
>
> -Kat Hunter
>
> On Tue, Mar 24, 2020 at 1:24 PM Kat Hunter <takokat81 at gmail.com> wrote:
>
>> Owen, I think this is a good suggestion. I've updated the month
>> designations in the other section to 90 days as, I agree, it is more
>> precise when we are discussing shorter amounts of time. Additionally, I've
>> taken your suggestion on wordsmithing that section and adjusted it just a
>> little.
>>
>> " An organization which serves as the source of an 8.2 IPv4 transfer will
>> not be allowed to apply for IPv4 address space under section 4.1.8 ARIN
>> Waitlist for a period of 36 months following said transfer unless the
>> recipient organization remains a subsidiary, parent company, or under
>> common ownership with the source organization.".
>>
>> I wanted to make sure I specified that this was in reference to IPv4 and
>> that the organization also remains a subsidiary, parent company, or under
>> common ownership.  Thank you for the input. Additionally I'd like to see if
>> there is anyone else that still supports or no longer longer supports this
>> policy as written.
>>
>> Kat Hunter
>>
>> On Wed, Mar 11, 2020 at 4:42 AM Owen DeLong <owen at delong.com> wrote:
>>
>>>
>>>
>>> > On Mar 9, 2020, at 06:26 , ARIN <info at arin.net> wrote:
>>> >
>>> > On 20 February 2020, the ARIN Advisory Council (AC) reverted the
>>> following Recommended Draft Policy to Draft Policy Status due to community
>>> feedback recommending significant substantive changes.:
>>> >
>>> > * Draft Policy ARIN-2019-1: Clarify Section 4 IPv4 Request Requirements
>>> >
>>> > The text has since been revised in response to that feedback.
>>> >
>>> > Revised text is below and can be found at:
>>> >
>>> > https://www.arin.net/participate/policy/drafts/2019_1/
>>> >
>>> > You are encouraged to discuss all Draft Policies on PPML. The AC will
>>> evaluate the discussion in order to assess the conformance of this Draft
>>> Policy with ARIN's Principles of Internet number resource policy as stated
>>> in the Policy Development Process (PDP). Specifically, these principles are:
>>> >
>>> > * Enabling Fair and Impartial Number Resource Administration
>>> > * Technically Sound
>>> > * Supported by the Community
>>> >
>>> > The PDP can be found at:
>>> > https://www.arin.net/participate/policy/pdp/
>>> >
>>> > Draft Policies and Proposals under discussion can be found at:
>>> > https://www.arin.net/participate/policy/drafts/
>>> >
>>> > Regards,
>>> >
>>> > Sean Hopkins
>>> > Policy Analyst
>>> > American Registry for Internet Numbers (ARIN)
>>> >
>>> >
>>> >
>>> >
>>> > Draft Policy ARIN-2019-1: Clarify Section 4 IPv4 Request Requirements
>>> >
>>> > Problem Statement:
>>> >
>>> > Per a recent ARIN Policy Experience Report and resulting AC
>>> discussion, it was noted that the language of Section 4.1.8 is imprecise in
>>> that it can be interpreted as specifying a waiting period for any
>>> allocation activity, as opposed to being intended to limit only the
>>> frequency of IPv4 allocations under Section 4.
>>> >
>>> > The same Policy Experience Report also noted that ARIN staff has
>>> observed a pattern where an organization transfers space under NRPM Section
>>> 8.2 to a specified recipient, and then immediately applies for space under
>>> Section 4. This activity appears to be speculative in nature and not
>>> consistent with sound address management policy.
>>> >
>>> > The updated language in this proposal addresses the two issues above,
>>> as both concerns can be addressed via modifications to the same section and
>>> sentence thereof of the NRPM:
>>> >
>>> > Clarifies the waiting period to only prohibit requests for IPv4
>>> allocations under Section 4 of the NRPM
>>> > Disallows organizations that have transferred space to other parties
>>> within the past 36 months from applying for additional IPv4 space under
>>> NRPM Section 4.
>>> >
>>> > Policy Statement:
>>> >
>>> > Current language found in NRPM Section 4.1.8 - Unmet Requests:
>>> >
>>> > Repeated requests, in a manner that would circumvent 4.1.6, are not
>>> allowed: an organization currently on the waitlist must wait 90 days after
>>> receiving a distribution from the waitlist before applying for additional
>>> space. ARIN, at its sole discretion, may waive this requirement if the
>>> requester can document a change in circumstances since their last request
>>> that could not have been reasonably foreseen at the time of the original
>>> request, and which now justifies additional space. Qualified requesters
>>> will also be advised of the availability of the transfer mechanism in
>>> section 8.3 as an alternative mechanism to obtain IPv4 addresses.
>>> >
>>> > Proposed new language 4.1.8:
>>> >
>>> > Multiple requests are not allowed: an organization currently on the
>>> waitlist must wait 90 days after receiving a distribution from the waitlist
>>> or IPv4 number resources as a recipient of any transfer before applying for
>>> additional space. ARIN, at its sole discretion, may waive this requirement
>>> if the requester can document a change in circumstances since their last
>>> request that could not have been reasonably foreseen at the time of the
>>> original request, and which now justifies additional space. Qualified
>>> requesters will also be advised of the availability of the transfer
>>> mechanism in section 8.3 as an alternative mechanism to obtain IPv4
>>> addresses.
>>> >
>>> > Restrictions apply for entities who have conducted recent resource
>>> transfers. These restrictions are specified in Section 8 for each relevant
>>> transfer category.
>>> >
>>> > Add the following under 8.2. Mergers, Acquisitions, and
>>> Reorganizations:
>>> >
>>> > After completion of an 8.2 transfer an organization may only apply for
>>> IPv4 address resources under Section 4.1.8. ARIN Waitlist if they have
>>> transferred IPv4 address resources under section 8.2 and the recipient
>>> organization is and remains a subsidiary, parent company, or an
>>> organization under common ownership of the same parent company as the
>>> organization that the IPv4 resources were transferred from. This
>>> restriction will last for 36 months and is applied to the organization that
>>> the IPv4 resources were transferred from and not the recipient.
>>>
>>> This paragraph cries out desperately for wordsmithing. It is very
>>> difficult to parse.
>>>
>>> Perhaps:
>>>
>>> An organization which serves as the source of an 8.2 transfer will not
>>> be allowed to apply for IPv4 address space under section 4.1.8 ARIN
>>> Waitlist for a period of 36 months following said transfer unless the
>>> recipient organization remains under common ownership with the source
>>> organization.
>>>
>>> > Add the following under 8.3. Transfers Between Specified Recipients
>>> Within the ARIN Region and under the Conditions on the source of the
>>> transfer:
>>> >
>>> > The source entity will not be allowed to apply for IPv4 address space
>>> under Section 4.1.8. ARIN Waitlist for a period of 36 months following the
>>> transfer of IPv4 address resources to another party.
>>> >
>>> > Under conditions on the recipient:
>>> >
>>> > If applicable the recipient will be removed from the ARIN Waitlist and
>>> will not be allowed to reapply under section 4.1.8. ARIN Waitlist for a
>>> period of 3 months.
>>>
>>> This should read “90 days” instead of “3 months” to retain consistency
>>> with 4.1.8.
>>>
>>> > Add the following under 8.4. Transfers Between Specified Recipients
>>> Within the ARIN Region and under the Conditions on the source of the
>>> transfer:
>>> >
>>> > The source entity will not be allowed to apply for IPv4 address space
>>> under Section 4.1.8. ARIN Waitlist for a period of 36 months following the
>>> transfer of IPv4 address resources to another party.
>>> >
>>> > Under conditions on the recipient:
>>> >
>>> > If applicable the recipient will be removed from the ARIN Waitlist and
>>> will not be allowed to reapply under section 4.1.8. ARIN Waitlist for a
>>> period of 3 months.
>>>
>>> This should read “90 days” instead of “3 months” to retain consistency
>>> with 4.1.8.
>>>
>>> >
>>> > Comments:
>>> >
>>> > This proposal incorporates two related policy goals, combined for
>>> convenience in one proposal as both can addressed via modification of the
>>> same section and sentence of the NRPM. During ARIN 43 it was proposed to
>>> the community that the two policy statements were severable, however, there
>>> was sufficient community support behind keeping both.
>>> >
>>> > There have been updates to section 4 since the beginning of the work
>>> on this policy. Text has been updated to reflect current NRPM.
>>> >
>>> > There was significant community support to change the word “repeated”
>>> as it was vague. Additionally, there was concerned that a company may
>>> perform an M&A transfer to itself/parent company and the original proposed
>>> language would exclude those companies from being able to apply to the
>>> waitlist. After the addition of the new merger and acquisition language,
>>> staff and legal recommended that the restrictions for applying to the
>>> waitlist for participants of the transfer market be added to the
>>> appropriate section in the Section 8 of the NRPM. Organizations should be
>>> informed of how their activities in the transfer market will impact them in
>>> reference to applying to the waitlist. These changes were to make it easier
>>> for staff and the community to understand these requirements.
>>>
>>> While I understand the desire to do this, I must point out that having
>>> the same rule specified in multiple places in the NRPM tends to lead to
>>> inconsistencies down the road.
>>>
>>> It is not at all unusual in this situation for a future policy proposal
>>> to miss one of these duplicate statements of the same rule and update only
>>> a subset of them. Even the above inconsistency in this proposal between 90
>>> days in section 4 and 3 months for the same thing twice in section 8 serves
>>> as an example of the perils of duplicating the same rule in multiple
>>> locations.
>>>
>>> I suggest, therefore, that instead of duplicating the rules, we
>>> reference section 4.1.8  in each of those cases as follows:
>>>
>>>         Recipients should be aware of the impact of transfers on their
>>> ability to apply and/or obtain space from the waitlist. These are spelled
>>> out in section 4.1.8.
>>>
>>> This provides clarity that there is an impact to be considered and clear
>>> guidance as to where to find that impact without abetting inconsistency.
>>>
>>> Owen
>>>
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