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

[Owen DeLong]

> On Sep 13, 2021, at 14:57 , William Herrin <bill at herrin.us> wrote:
> 
> On Mon, Sep 13, 2021 at 1:49 PM Owen DeLong <owen at delong.com> wrote:
>>> On Sep 13, 2021, at 12:21 , William Herrin <bill at herrin.us> wrote:
>>> On Mon, Sep 13, 2021 at 12:01 PM Owen DeLong via ARIN-PPML
>>> <arin-ppml at arin.net> wrote:
>>>>> On Sep 13, 2021, at 11:03 , Joe Maimon <jmaimon at chl.com> wrote:
>>>>> The most salient difference is that the USG own the airwaves and regulates them.
>>>> 
>>>> I am convinced that they regulate them.
>>>> 
>>>> I am not convinced that they own them.
>>> 
>>> Ownership is a bundle of 5 rights. If you have all 5, you own the thing.
>>> 
>>> The right of possession
>> 
>> Define possession in the context of an EM wave propagating?
> 
> These are rights "at law," Owen. That means: what can you -legally- do?
> 
> If you can -legally- transmit radio waves in a particular frequency
> band, you have -lawful- possession of it.

Part 15 provides pretty broad latitude to transmit on the vast majority of frequencies
as a hobbyist without license, authorization, or any other requirement other than limiting
the power level of the transmission and requiring that you do not cause harmful interference
(or at least that you stop when someone tells you that you have) and that you accept
any interference you get.

>>> The right of control
>> 
>> Well, the government has (arguably) some control over some EM waves in some contexts.
>> 
>>> The right of exclusion
>> 
>> Define exclusion in the context of an EM wave propagating?
> 
> If you can legally enjoin someone else from transmitting radio waves
> in a particular frequency band, if you can take them to court and the
> court will issue an injunction, you have a right of exclusion.

Well… There’s that thing… Yes and no… Since there’s this little ability to transmit at low
power on virtually any frequency you like, this becomes a bit of a grey area. I mean
sure, if you extend this idea reductio ad absurdum, the government can prohibit you from
driving a car or even prohibit an entire make/model from being driven upon public highways,
but that doesn’t mean that they own every car they’ve enjoined people from using.

>>> The right to derive income
>> 
>> I guess spectrum auctions have sort of settled that question.
>> 
>>> The right of disposition
>> 
>> Define disposition in the context of an EM wave propagating?
> 
> If you have the legal right to -sell- all five of these rights to
> someone else, you have the right of disposition. As you point out,
> government spectrum auctions have "sort of" settled that question.

Well, yes and no… When you buy spectrum at auction, you don’t buy all
five of these rights. You buy a subset of them. Further, in many cases,
you don’t buy them, you lease them for a period of time.

Owen