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

[John Curran]

Fernando -

You state "reading the ICP-2 it doesn't make sense the idea that Board could make and adopt policies by itself without involvement of the community.”   I will not reiterate all my previous comments regarding whether ICP-2 is germane in any matter, but will again remind you that compliance with ARIN’s legal obligations as a membership organization are the foremost consideration here, and those obligations vest ultimate authority for the organization with the member-elected ARIN Board of Trustees.

Also, to be clear, the current provisions in the ARIN PDP _do provide for community involvement_ after emergency policy adoption or suspension.  It would take changes to the ARIN PDP for policy changes to be done absent such community involvement.

If you’re suggesting that some future change to ARIN’s PDP that excluded the community from involvement in emergency policy changes could conflict the "ICP-2: Criteria for Establishment of New Regional Internet Registries” document, that is of course true – and could be the case for any RIR depending how it changed its respective policy development process.   As ARIN is not proposing changes to its PDP at this time, the point is rather moot – the topic has only arisen because of your previous errant assertions regarding authority in the ARIN region.

Thanks!
/John

John Curran
President and CEO
American Registry for Internet Numbers


On 17 Jan 2021, at 9:53 AM, Fernando Frediani <fhfrediani at gmail.com<mailto:fhfrediani at gmail.com>> wrote:


Hello Michael

I don't agree with John's view that if Board would decide to do this it would still make ARIN compatible with ICANN's ICP-2 specially Section 3 simply because Board represents only members not the community and having a body elected only by the members which is one of the interested parties in the process excluding community then.
Regarding ARIN's bylaws Section 2 that mentions "transparent multi-stakeholder process" it will depend how it is interpreted who are the stakeholders and if that includes community as well.

John - thanks for engaging in this discussion and bringing your view, but knowing how the RIR ecosystem and other RIRs work in that sense, reading the ICP-2 it doesn't make sense the idea that Board could make and adopt policies by itself without involvement of the community. If in ARIN that can be considered legal, if it would ever start happening that could bring up doubts of about compatibility with ICP-2 in the sense I mentioned above. There are reasons community can never be excluded from policy making process (even in emergency situations), otherwise policies multi-stakeholder directed to benefit only as subset of Internet participants in the region.

Regards
Fernando

On 17/01/2021 09:48, Michael B. Williams wrote:
Hi John,

Just to be clear though my understanding is that despite the PDP being in place and the board principally following the process, there is no requirement to do so. The board could decide for any reason to implement or change a policy even if it was not an emergency situation or warrant an urgent need. I just think this needs to be made clear to the community that the PDP is a process used to help inform the boards decision making and is non-binding. While the board generally adheres to the recommendations they are able to institute any policy, reject any policy, or decide that today they did not feel like using the PDP simply because they did not want to.

Regards,

Michael

On Sun, Jan 17, 2021 at 23:33 John Curran <jcurran at arin.net<mailto:jcurran at arin.net>> wrote:
On 17 Jan 2021, at 4:16 AM, Michael B. Williams <Michael.Williams at glexia.com<mailto:Michael.Williams at glexia.com>> wrote:
>
> 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

Michael -

You are correct - the ARIN Board can make (or suspend) policy without any input or approval if need be, but the Board has adopted the ARIN Policy Development Process that reserves such acts for emergency situations.   Accountability to the ARIN community is maintained via the ARIN members collective power to elect and remove Board members.

Best wishes,
/John

John Curran
President and CEO
American Registry for Internet Numbers


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