[arin-ppml] Change of Use and ARIN (was: Re: AFRINIC And The Stability Of The Internet Number Registry System)

[John Curran]

David -

Excellent question.   The most important item is for the community to determine its policy goals in this area, and then based on such what requirements/duties belong in policy language in Number Resource Policy Manual (NRPM.)

The ARIN RSA places an explicit duty of “Information and Cooperation” on number resource holders (see below) that can be used to enforce community-developed policy in this area, but the communities thoughts on the appropriate policy really should drive the discussion –

2.(c) Information and Cooperation. Holder has completed an application provided by ARIN for one or more Services (the “Application”). Holder must (i) promptly notify ARIN if any information provided in the Application changes during the term of this Agreement, and (ii) make reasonable efforts to promptly, accurately, and completely provide any information or cooperation required pursuant to the Service Terms or in response to any inquiry or request made to Holder by ARIN during the term of this Agreement. In addition, Holder shall promptly provide ARIN with complete and accurate information, and cooperation as required by any Service Terms or that ARIN requests in connection with ARIN’s provision of any of the Services to Holder. If Holder does not provide ARIN with such information or cooperation that ARIN requests, ARIN may take such failure into account in evaluating Holder’s subsequent requests for transfer, allocation or assignment of additional number resources, or requests for changes to any Services.

Note that material breach of Section 2(c) is one of the events that provides ARIN clear right of termination for the RSA and subsequent revocation of the number resources – so let’s be extra careful when considering any reporting/information duties for placement into NRPM.

Thanks!
/John

John Curran
President and CEO
American Registry for Internet Numbers


On 1 Sep 2021, at 3:47 PM, David Farmer <farmer at umn.edu<mailto:farmer at umn.edu>> wrote:

I changed the subject line, as this isn't directly related to the dispute between AFRINIC and CI, but more some questions arising from it specifically related to the ARIN registered resources.
----

So, do ARIN resource holders have a duty to report changes in their use of resources? If they do, where does that duty come from in policy or contract language? And, what are the relevant changes that need to be reported?

In my review of these questions;

In the RSA I see where holders are granted, "The right to use the Included Number Resources within the ARIN database" (RSA section 2.b bullet 2). However, I don't see any limitation to that use, such as "originally justified" or any obligation to report a change in such use.

In policy, "An end-user is an organization receiving assignments of IP addresses exclusively for use in its operational networks." (NRPM 2.6), with an exception for incidental or transient use (last paragraph, section 2.5).

Maybe to align end-user requirements with the new Registration Services Agreement we should change that so end-users have to report any use, other than incidental or transient use, outside their organization.

And ISP's have requirements to report the use by their customers that exceed certain levels (NRPM sections 4.2.3.7 and 6.5.5).

So, other than the ISP reporting requirements, I don't see direct reporting obligations for change in use. Further, I don't see any guidance to what might be a material change in use that is in need of reporting, as I'm sure we don't want ARIN Staff tied up with reports of all possible changes, most of which are probably irrelevant.

Are there reporting requirements I'm missing? Maybe implied or indirect requirement?

Should something be added to ARIN's policies explicitly stating requirements for reporting a change in the use of resources?

Thanks

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