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<TITLE>RE: [arin-ppml] Draft Policy 2009-1: Transfer Policy (Using theEmergency PDP)</TITLE>
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<P><FONT SIZE=2>Thanks John,<BR>
<BR>
But what exactly is the basis upon which you adjudged the "urgent need for a transfer policy"...was it the current inability to satisfy addressing requests? Was it something other?<BR>
<BR>
Under what circumstances would you determine the emergency to be over and would determine no further need for the extended reach of the transfer policy for IPv4?<BR>
<BR>
bd<BR>
<BR>
<BR>
-----Original Message-----<BR>
From: arin-ppml-bounces@arin.net on behalf of John Curran<BR>
Sent: Wed 3/25/2009 6:15 PM<BR>
To: arin-ppml@arin.net<BR>
Subject: Re: [arin-ppml] Draft Policy 2009-1: Transfer Policy (Using theEmergency PDP)<BR>
<BR>
All -<BR>
<BR>
As noted in Daniel's message, the material change made to the<BR>
transfer policy by the ARIN Board is removal of the 3 year<BR>
sunset clause. It was the consensus of the Board that this did<BR>
not materially improve the usefulness of the 2008-6, created<BR>
uncertainty for the community, and most importantly represented<BR>
a dangerous precedent of time-based expirations of policy clauses.<BR>
<BR>
At present, the Board has one tool at its disposal for timely<BR>
modification of policy language, and that is use of the emergency<BR>
policy process. The Board has already indicated the urgent need<BR>
for a transfer policy and due to the timeliness of the situation,<BR>
it was determined that the best course of action was proceed and<BR>
use to emergency policy process to promptly remove the sunset<BR>
clause rather than risk continued delay of the transfer policy<BR>
via referral back to the AC.<BR>
<BR>
Thanks!<BR>
/John<BR>
<BR>
John Curran<BR>
Chair, ARIN Board of Trustees<BR>
Interim CEO<BR>
<BR>
<BR>
On Mar 25, 2009, at 3:52 PM, Alexander, Daniel wrote:<BR>
<BR>
><BR>
> Well this one has created quite a fuss. As the AC Shepherd for 2009-1,<BR>
> let me throw in my own thoughts, and then I'll wait for further<BR>
> clarification from the authors.<BR>
><BR>
> 2008-6 was sent to the BoT by the AC and was adopted according to the<BR>
> minutes. <A HREF="https://www.arin.net/about_us/bot/bot2009_0206.html">https://www.arin.net/about_us/bot/bot2009_0206.html</A><BR>
><BR>
> The AC left the door open for the BoT, in their reasoning for <BR>
> accepting<BR>
> 2008-6. The policy, once ratified by the ARIN BoT, would be<BR>
> "implemented" when the BoT deemed necessary. This appears to be <BR>
> exactly<BR>
> what is going on. 2008-6 is ratified, and will be implemented by the<BR>
> Board when they see fit. It even points out in the text of the <BR>
> proposal<BR>
> that the expectation wasn't until IANA exhaustion.<BR>
><BR>
> It appears that the BoT has reservations about the language of 2008-6,<BR>
> and rather than waiting another couple years for us to hash this out <BR>
> on<BR>
> the mailing list, created 2009-1 to provide a proposal that would<BR>
> clarify their concerns. In the interest of expediency, they would like<BR>
> to use their emergency powers to offer 2009-1 as an alternative, and <BR>
> are<BR>
> looking for feedback.<BR>
><BR>
> This proposal doesn't appear to uproot the work done by the community,<BR>
> or the AC. As I put the existing language in the NRPM next to the text<BR>
> of 2009-1, it simply clarifies some wording that is listed in the<BR>
> "notes" and adds the text of 2008-6.<BR>
><BR>
> The one item that was removed was the sunset clause. This always <BR>
> seemed<BR>
> redundant to me anyways, since all policies are only valid until <BR>
> changed<BR>
> by a subsequent policy. Every policy really has a sunset clause<BR>
> implicitly built into them.<BR>
><BR>
> It would be helpful if people could reply and point out how the text <BR>
> of<BR>
> 2009-1 would fundamentally change the current policy and what was<BR>
> accepted in 2008-6.<BR>
><BR>
> Disclaimer- These are only my interpretations and I cannot speak for <BR>
> the<BR>
> BoT.<BR>
><BR>
> Thanks,<BR>
> Dan Alexander<BR>
> ARIN AC hat on<BR>
><BR>
><BR>
> -----Original Message-----<BR>
> From: arin-ppml-bounces@arin.net [<A HREF="mailto:arin-ppml-bounces@arin.net">mailto:arin-ppml-bounces@arin.net</A>] <BR>
> On<BR>
> Behalf Of Member Services<BR>
> Sent: Tuesday, March 24, 2009 1:00 PM<BR>
> To: arin-ppml@arin.net<BR>
> Subject: [arin-ppml] Draft Policy 2009-1: Transfer Policy (Using<BR>
> theEmergency PDP)<BR>
><BR>
> Draft Policy 2009-1<BR>
> Transfer Policy<BR>
><BR>
> The ARIN Board of Trustees has declared a policy emergency and is <BR>
> making<BR>
> use of the Emergency PDP provision in the ARIN Policy Development<BR>
> Process to revise policy.<BR>
><BR>
> At their meeting on 6 February 2009 the ARIN Board of Trustees, <BR>
> based on<BR>
> the recommendation of the ARIN Advisory Council and noting that the<BR>
> Policy Development Process had been followed, adopted Draft Policy<BR>
> 2008-6: Emergency Transfer Policy for IPv4 Addresses.<BR>
><BR>
> Then at their meeting on 8 March 2009, the Board noted there is a <BR>
> gap in<BR>
> the transfer policy that limits the availability of IPv4 address space<BR>
> at a time when otherwise available IPv4 address space will become<BR>
> scarce, and declared this gap an emergency. The Board initiated the<BR>
> Emergency PDP of the Policy Development Process in order to revise the<BR>
> transfer policy (both the existing transfer policy and the policy just<BR>
> adopted).<BR>
><BR>
> Per the Emergency PDP, the draft policy below is being posted to the<BR>
> Public Policy Mailing List for 10 business days of discussion and <BR>
> review<BR>
> by the community. The emergency discussion period ends 7 April 2009.<BR>
> Within 5 business days of the end of discussion the Advisory Council<BR>
> will, having reviewed the comments on the list, review the draft <BR>
> policy<BR>
> and make a recommendation to the Board of Trustees. The Board may <BR>
> adopt<BR>
> or reject the draft policy. If the Board adopts the policy, it will be<BR>
> presented at the next public policy meeting for reconsideration.<BR>
><BR>
> We encourage you to discuss Draft Policy 2009-1 on the PPML. The<BR>
> discussion on the list will be used by the AC to determine the <BR>
> community<BR>
> consensus regarding adopting this as policy.<BR>
><BR>
> Draft Policy 2009-1: Transfer Policy is available below and at:<BR>
> <A HREF="https://www.arin.net/policy/proposals/2009_1.html">https://www.arin.net/policy/proposals/2009_1.html</A><BR>
><BR>
> The ARIN Policy Development Process can be found at:<BR>
> <A HREF="https://www.arin.net/policy/pdp.html">https://www.arin.net/policy/pdp.html</A><BR>
><BR>
> Policy 2008-6: Emergency Transfer Policy for IPv4 Addresses can be <BR>
> found<BR>
> at:<BR>
> <A HREF="https://www.arin.net/policy/proposals/2008_6.html">https://www.arin.net/policy/proposals/2008_6.html</A><BR>
><BR>
> Regards,<BR>
><BR>
> Member Services<BR>
> American Registry for Internet Numbers (ARIN)<BR>
><BR>
><BR>
> ## * ##<BR>
><BR>
><BR>
> Draft Policy 2009-1<BR>
> Transfer Policy<BR>
><BR>
> Originator: ARIN Board of Trustees (using the Emergency PDP <BR>
> provision in<BR>
> the ARIN Policy Development Process)<BR>
><BR>
> Date: 24 March 2009<BR>
><BR>
> Policy statement:<BR>
><BR>
> Insert into the ARIN Number Resource Policy Manual as follows:<BR>
><BR>
> Add Section 2.8:<BR>
><BR>
> "Organization. An Organization is one or more legal entities under<BR>
> common control or ownership."<BR>
><BR>
> Replace Section 8 as follows:<BR>
><BR>
> 8. Transfers<BR>
><BR>
> 8.1. Principles<BR>
> Number resources are non-transferable and are not assignable to any<BR>
> other organization unless ARIN has expressly and in writing approved a<BR>
> request for transfer. ARIN is tasked with making prudent decisions on<BR>
> whether to approve the transfer of number resources.<BR>
><BR>
> It should be understood that number resources are not "sold" under <BR>
> ARIN<BR>
> administration. Rather, number resources are assigned to an <BR>
> organization<BR>
> for its exclusive use for the purpose stated in the request, provided<BR>
> the terms of the Registration Services Agreement continue to be met <BR>
> and<BR>
> the stated purpose for the number resources remains the same. Number<BR>
> resources are administered and assigned according to ARIN's published<BR>
> policies.<BR>
><BR>
> Number resources are issued, based on justified need, to <BR>
> organizations,<BR>
> not to individuals representing those organizations. Thus, if a <BR>
> company<BR>
> goes out of business, regardless of the reason, the point of contact<BR>
> (POC) listed for the number resource does not have the authority to<BR>
> sell, transfer, assign, or give the number resource to any other <BR>
> person<BR>
> or organization. The POC must notify ARIN if a business fails so the<BR>
> assigned number resources can be returned to the available pool of<BR>
> number resources if a transfer is not requested and justified.<BR>
><BR>
> 8.2. Mergers and Acquisitions<BR>
> ARIN will consider requests for the transfer of number resources in <BR>
> the<BR>
> case of mergers and acquisitions upon receipt of evidence that the new<BR>
> entity has acquired the assets which had, as of the date of the<BR>
> acquisition or proposed reorganization, justified the current entity's<BR>
> use of the number resource. Examples of assets that justify use of the<BR>
> number resource include, but are not limited to:<BR>
><BR>
> * Existing customer base<BR>
> * Qualified hardware inventory<BR>
> * Specific software requirements.<BR>
><BR>
> In evaluating a request for transfer, ARIN may require the requesting<BR>
> organization to provide any of the following documents, as applicable,<BR>
> plus any other documents deemed appropriate:<BR>
><BR>
> * An authenticated copy of the instrument(s) affecting the transfer of<BR>
> assets, e.g., bill of sale, certificate of merger, contract, deed, or<BR>
> court decree.<BR>
> * A detailed inventory of all assets utilized by the requesting <BR>
> party in<BR>
> maintaining and using the number resource.<BR>
> * A list of the requesting party's customers using the number <BR>
> resource.<BR>
><BR>
> If further justification is required, the requesting party may be <BR>
> asked<BR>
> to provide any of the following, or other supporting documentation, as<BR>
> applicable:<BR>
><BR>
> * A general listing of the assets or components acquired * A specific<BR>
> description of acquisitions, including:<BR>
><BR>
> o Type and quantity of equipment<BR>
> o Customer base<BR>
><BR>
> * A description of how number resources are being utilized * Network<BR>
> engineering plans, including:<BR>
><BR>
> o Host counts<BR>
> o Subnet masking<BR>
> o Network diagrams<BR>
> o Reassignments to customers<BR>
><BR>
> 8.3 Transfers to Specified Recipients<BR>
> Number resources may be released, in whole or in part, to ARIN for<BR>
> transfer to another specified organizational recipient, by any<BR>
> authorized resource holder within the ARIN region. Such transferred<BR>
> number resources may only be received by organizations that are within<BR>
> the ARIN region and can demonstrate the need for such resources in the<BR>
> exact amount which they can justify under current ARIN policies.<BR>
><BR>
> #####<BR>
><BR>
> Notes:<BR>
><BR>
> Most of the existing Section 8 is left unchanged. List of changes:<BR>
><BR>
> 2.8 New.<BR>
> 8.1 Changes from "Transfers" to "Principles."<BR>
> 8.2 Changes from "Transfer Requirements" to "Mergers and <BR>
> Acquisitions."<BR>
> 8.2 The word "only" is removed.<BR>
> 8.3 Merged up into 8.2.<BR>
> 8.3 Edited version of the adopted 2008-6.<BR>
><BR>
> _______________________________________________<BR>
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><BR>
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