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

[Michael B. Williams]

Fernando -

I don’t believe this is correct. The board, from my reading, is able to
make and adopt without any other input or approval from anyone else any
policy they deem appropriate fair and fit for internet number and resource
allocation.

John Curran - please correct me if I’m wrong here but the board could make
and adopt policies without any community input or consideration if it so
desired. Just because the board chooses to, as a general matter of
principle, does not make this binding.

Regards,

Michael

On Sun, Jan 17, 2021 at 13:48 Fernando Frediani <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>
> 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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