[arin-ppml] Revised - Draft Policy ARIN-2020-8: Clarify and Update 4.2.1.2 Annual Renewal Fee

[John Curran]

Fernando -

Again, please do not make assertions regarding the structure and governance of ARIN without direct knowledge of their accuracy.   Your statement below ("What I mentioned several times, is that the Board *can not* make rules for resources allocation which is a sole prerogative from this forum.“) is incorrect.

The ARIN Board can make rules for resource allocation; however, it chooses not to do so on a routine basis and has enshrined this decision in the ARIN Policy Development Process.  This has always been the case at ARIN, and while ARIN is recognized by ICANN, ARIN did not require ICANN recognition under ICP-2 - it was already operation years prior to ICANN’s formation and it was ICANN at the time of its formation that sought recognition from the RIRs, not the other way around.

Note that ICP-2 is entitled "Criteria for Establishment of New Regional Internet Registries” – i.e. requirements for the recognition of new RIRs that were adopted after ICP-2 adoption.  I will observe that, in any case, ARIN does meet the requirements provided in ICP-2 regarding a bottom-up self-governance structure for policy development, specifically ARIN has "procedures must be open and transparent, be accessible to all interested parties, and ensure fair representation of all constituencies within the region.”  ARIN’s self-governance structure follows the requirements specific to its legal incorporation and jurisdiction, but it is self-governance all the same.

Thank you,
/John

John Curran
President and CEO
American Registry for Internet Numbers


On 16 Jan 2021, at 9:47 PM, Fernando Frediani <fhfrediani at gmail.com<mailto:fhfrediani at gmail.com>> wrote:


I am not exactly sure what are you trying to ensure here, but most of what you mentioned below is well known and not disputed.

What I mentioned several times, is that the Board *can not* make rules for resources allocation which is a sole prerogative from this forum. Board may or may not adopt them but cannot make them at will. Board cannot simply define the initial allocation size for ISPs, or Waiting List rules or create a specific IPv4 pool to facilitate IPv6 deployment.

Where was mentioned the Board of Trustees has adopted a PDP, so AC and community can work via this forum to develop policy proposals. According to ICANN's ICP-2, it had no other choice to do that and adopt a PDP that ensure it is up to the community to define the allocation rules, so it is not a concession that the Board has made to the community, otherwise the RIR would not be recognized by ICANN.

Can we move straight to the point of this discussion ?
The section 4.2.1.2 mentions that lack of payment is a reason for revocation and it makes no propose to remove it from there as simple as it is written in that part of NRPM.

Fernando

On 16/01/2021 23:14, John Curran wrote:
On 16 Jan 2021, at 8:37 PM, Fernando Frediani <fhfrediani at gmail.com<mailto:fhfrediani at gmail.com>> wrote:


I am sure we are talking about the same thing David.

The authority to establish the rules in which resources are allocated and revoked is a prerogative from this forum (which includes members and non-members), as in any other RIR. The PDP guarantees the Board the ultimate authority to adopt a new policies in order to make sure it is in line with all legal and operational aspects of the RIR system.
The authority to establish fee structure, operational procedures, etc is a prerogative from the Board and Staff.

Fernando –

Given the widespread nature of this forum, I am obligated to correct misinformation regarding the nature of ARIN whenever it is posted here.  Your statements above regarding ARIN’s authority are not correct, and I thought it best if I take a moment to provide ARIN’s authority in succinct format so that we may all move on to discussing the merits and concerns with the particular policy proposal under discussion –

Per ARIN’s Articles of Incorporation and accompanying Bylaws, ARIN is a membership organization.
The membership provides ARIN its authority by election of our Board of Trustees.  The Board of Trustees holds ARIN's authority, and exercises that authority to further the purposes of the organization.

The ARIN members also elect an Advisory Council (ARIN AC), which advises the Board of Trustees on number resource policy matters.   The Board of Trustees has adopted a Policy Development Process, which directs the ARIN AC to work with the community, including via this forum, to develop worthwhile policy proposals.   The PDP does not provide any authority to the Board, but rather the converse - the PDP is binding upon those who participate in our policy development process because it was adopted by the ARIN Board of Trustees.  The ARIN PDP specifies a role for the community in the policy development process, but "the community” (if defined as being the diffuse group of participants in this forum) do not hold or provide ARIN with its authority.

Thanks,
/John

John Curran
President and CEO
American Registry for Internet Numbers



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