<div><br></div><div><br></div>The list is comprised of more than five people. <div><br></div><div>I'd sincerely appreciate it if you'd speak for yourself. <span></span></div><div><br></div><div><br><div>Best, </div>
<div>Marty</div><div><br><br>On Thursday, July 19, 2012, Larry Ash wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">On Thu, 19 Jul 2012 13:20:07 -0400<br>
McTim <<a>dogwallah@gmail.com</a>> wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
Hi,<br>
<br>
On Wed, Jul 18, 2012 at 6:27 PM, ARIN <<a>info@arin.net</a>> wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
ARIN-prop-173 Revisions to M&A Transfer Requirements<br>
<br>
The proposal originator revised the proposal.<br>
<br>
Regards,<br>
<br>
Communications and Member Services<br>
American Registry for Internet Numbers (ARIN)<br>
<br>
<br>
## * ##<br>
<br>
<br>
ARIN-prop-173 Revisions to M&A Transfer Requirements<br>
<br>
Proposal Originator - Marc Lindsey<br>
<br>
Date - 18 July 2012<br>
<br>
Policy type - Modification to existing policy<br>
<br>
Policy term - Permanent<br>
<br>
Policy Statement<br>
<br>
Delete sections 8.1. and 8.2 in their entirety and replace them with the<br>
following:<br>
<br>
8.1 Principles<br>
<br>
ARIN will not transfer the registration of number resources from one<br>
organization to another unless such transfer complies with this Section 8.<br>
ARIN is tasked with making prudent, fair and expeditious decisions when<br>
evaluating registration transfer requests.<br>
<br>
It should be understood that number resources directly assigned or allocated<br>
by ARIN are not 'sold' under ARIN administration.<br>
</blockquote>
<br>
<br>
The above is correct. The intent of this policy revision seems to me to be to<br>
allow entities that are not ARIN to sell Internet resources.<br>
<br>
Have I got the wrong end of the stick?<br>
<br>
I ack that I am not the sharpest knife in the drawer, but I can read<br>
and comprehend English.<br>
<br>
</blockquote>
<br>
<br>
<br>
It seams to me that we will be continually besieged with these proposals until<br>
we formulate and adopt a policy that in short says:<br>
<br>
If you received your direct allocation after Dec 22, 1997 no matter what the method<br>
or circumstances, are located within the ARIN footprint, and did not, or have not,<br>
a) signed a RSA or LRSA and b) justified the need for those addresses;<br>
then the addresses are subject to revocation and reassignment. Period<br>
<br>
I trust that this would have to be adjudicated but I also trust that ARIN's legal<br>
staff are astute enough to choose the case with the greatest chance of success and<br>
that they would prevail. In at least the case of IPV4, there is clearly an argument<br>
that some type of governance for number assignment is required and just refusing to<br>
submit to that governance because: I don't feel I should have to, doesn't seem like a<br>
winning argument. (Obviously IMNAL.)<br>
<br>
Needless to say I don't support the proposal and am tired of the argument associated<br>
with it. I mean no disrespect to Mr. Lindsey but I thought that the list made it's<br>
wishes clear before.<br>
<br>
<br>
<br>
<br>
<blockquote style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
<br>
<br>
Rather, such number<br>
<blockquote style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
resources are assigned by ARIN to an organization for its exclusive use,<br>
provided that any terms of the applicable Registration Services Agreement<br>
between ARIN and the organization governing the use of such number resources<br>
continue to be met by such organization. Number resources administered and<br>
assigned by ARIN are done so according to ARIN's published policies.<br>
<br>
ARIN directly assigns and allocates number resources, based on justified<br>
need, to organizations, not to individuals representing those organizations.<br>
<br>
The transfer policies in this Section 8 create certain exceptions and<br>
exclusions for legacy numbers ("grandfather policies"). The grandfather<br>
policies are intended to satisfy key<br>
</blockquote>
<br>
These seem to be "key" for only a subset of the community.<br>
<br>
<br>
policy objectives while promoting<br>
<blockquote style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
greater participation in the ARIN community by organizations holding legacy<br>
numbers. The grandfather policies allow organizations holding legacy<br>
numbers to retain some of the historic benefits attached to their legacy<br>
numbers.<br>
<br>
The benefits of the grandfather policies are not available for legacy<br>
numbers if:<br>
<br>
(a) they are voluntarily and permanently released by the original registrant<br>
or its successor (or assign) to an RIR for re-issue to other organizations;<br>
where such releases are supported by reliable evidence retained by ARIN or<br>
the applicable RIR of the organization's informed and voluntary consent or<br>
agreement to permanently release the numbers; or<br>
<br>
(b) the original registrant or its successor (or assign) of such number<br>
enters into an LRSA or RSA expressly referencing the legacy numbers as<br>
governed by the terms and conditions of an LRSA or RSA.<br>
</blockquote>
<br>
Isn't the effect of the above to be exactly what you say you are<br>
trying to avoid?<br>
<br>
In other words, does this not demotivate holders of early assignments<br>
to sign an RSA/LRSA?<br>
<br>
<br>
<blockquote style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
<br>
8.2. Mergers and Acquisitions<br>
<br>
When the transfer of any number resource is requested by the current<br>
registrant or its successor or assign (the "new entity"), ARIN will transfer<br>
the registration of such number resources to the new entity upon receipt of<br>
evidence that the new entity lawfully acquired all of the current<br>
registrant's rights, title and interest in and to the number resources,<br>
including assets used with such number resources, all as the result of a<br>
merger, acquisition, reorganization or name change. ARIN will maintain an<br>
up-to-date list of acceptable types of documentation. Transfers under this<br>
Section 8.2 shall not require: (i) the new entity to justify its need for<br>
the transferred numbers, or<br>
</blockquote>
<br>
<br>
So if I have the cash I can buy as many blocks as I want with no regard to<br>
how they might actually be used in networks?<br>
<br>
Am opposed to this notion, it seems to be a huge loophole for speculators.<br>
<br>
<br>
(ii) the current registrant or the new entity to<br>
<blockquote style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
enter into an LRSA or RSA (or any other contract with ARIN) or to be a party<br>
to an existing LRSA or RSA (or any other contract with ARIN).<br>
<br>
Add the following new definition to Section 2:<br>
<br>
A "legacy number" means any number resource that meets the following two<br>
conditions:<br>
<br>
(1) the number resource was issued to an entity (other than a Regional<br>
Internet Registry) or individual (either, the "original legacy holder")<br>
prior to ARIN's inception on Dec 22, 1997 by or through an organization<br>
authorized by the United States to issue such number resources; and<br>
<br>
(2) the original legacy holder (or its legal successor or assign) of such<br>
number resource has not voluntarily and permanently released the number<br>
resource to a Regional Internet Registry for subsequent allocation or<br>
assignment in accordance with such RIR's number resource policies and<br>
membership (or service) agreements.<br>
<br>
Rationale<br>
<br>
The current version of 8.2 actually discourages legacy holders from (a)<br>
updating the registry database, and (b) paying fees to assist with records<br>
management associated with the ARIN databases. Some entities that currently<br>
control resources do not attempt to update the ARIN registry records because<br>
the current transfer process puts at risk their ability to retain and use<br>
</blockquote></blockquote>
Larry Ash<br>
Network Administrator<br>
Mountain West Telephone<br>
123 W 1st St.<br>
Casper, WY 82601<br>
Office 307 233-8387<br>
______________________________<u></u>_________________<br>
PPML<br>
You are receiving this message because you are subscribed to<br>
the ARIN Public Policy Mailing List (<a>ARIN-PPML@arin.net</a>).<br>
Unsubscribe or manage your mailing list subscription at:<br>
<a href="http://lists.arin.net/mailman/listinfo/arin-ppml" target="_blank">http://lists.arin.net/mailman/<u></u>listinfo/arin-ppml</a><br>
Please contact <a>info@arin.net</a> if you experience any issues.<br>
</blockquote></div></div><br><br>-- <br>Sent via a mobile device<br>