[arin-ppml] Petition for Discussion of ARIN-prop-136

[ARIN]

The message below started a petition regarding the ARIN Advisory
Council's decision to abandon ARIN-prop-136. The AC's decision was
posted by ARIN staff to PPML on 23 March 2011.

If successful, this petition will change ARIN-prop-136 into a Draft
Policy which will be published for adoption discussion on the PPML and
at the Public Policy Meeting in October 2011. If the petition fails, the
proposal will be closed.

For this petition to be successful, the petition needs statements of
support from at least 10 different people from 10 different
organizations. If you wish to support this petition, post a statement of
support to PPML on this thread.

The petition will end 20 April 2011. ARIN staff will post the result of
the petition to PPML.

For more information on starting and participating in petitions, see PDP
Petitions at:
https://www.arin.net/policy/pdp_petitions.html

The proposal text is below and at:
https://www.arin.net/policy/proposals/index.html

The ARIN Policy Development Process can be found at:
https://www.arin.net/policy/pdp.html

Regards,

Communications and Member Services
American Registry for Internet Numbers (ARIN)


#####


> -----Original Message-----
> From: arin-ppml-bounces at arin.net [mailto:arin-ppml-bounces at arin.net] On
> Behalf Of Benson Schliesser
> Sent: Wednesday, April 13, 2011 11:28 AM
> To: ARIN-PPML List
> Subject: [arin-ppml] Petition for Discussion of ARIN-prop-136
>
> As the author of ARIN-prop-136, abandoned by the Advisory Council
> during their 17-Mar-2011 meeting, I hereby initiate a Discussion
> Petition of this proposal per the Policy Development Process.
>
> In support of this petition, I offer the following considerations:
>
> (1) Proposal 136 is fundamentally a recognition of legacy address
> holders' rights, including the right of self-determination.  The ARIN
> community must recognize the rights of all participants in order to
> remain fair and equitable, and should recognize these rights in order
> to remain relevant in the Internet ecosystem.
>
> (2) In the event of conflict between ARIN policy and the actions of
> legacy address holders, prioritization of Whois data accuracy is in the
> community interest.  Cooperation with legacy address holders will be
> more effective than attempts at "enforcement" and will result in more
> accurate information.  Proposal 136 will enable cooperation with legacy
> address holders while maintaining useful information in the distributed
> Whois system.
>
> (3) There is pending legal controversy that may be relevant to the ARIN
> community, which may materially influence our understanding of legacy
> address holders' rights.  Some results of this controversy might emerge
> prior to the next public policy meeting, and must be discussed with
> appropriate timeliness.  Proposal 136 will provide a much-needed focal
> point for such discussion.
>
> Additionally, I would offer the following observation about the process
> by which proposal 136 was abandoned:  Specific opinions opposing this
> proposal were offered by an ARIN officer, to the AC and others.  These
> opinions were offered with an inappropriately definitive tone and may
> have influenced the premature abandonment of discussion.  It is in the
> interest of the community to continue discussion of this proposal and
> to develop a better understanding of the issues.
>
> It is my committed intent, as author and petitioner, to collaborate
> with the community on the development of this proposal.  If this
> Discussion Petition is successful I will welcome input from the
> Advisory Council and ARIN community, as well as other Internet
> stakeholders and legal experts.  I look forward to continued discussion
> and development of this proposal.
>
> The current text of ARIN-prop-136 is included below, as posted at
> http://lists.arin.net/pipermail/arin-ppml/2011-February/020159.html for
> reference.
>
> Cheers,
> -Benson
>
> ## * ##
>
>
> ARIN-prop-136: Services Opt-out Allowed for Unaffiliated Address Blocks
>
> Proposal Originator:  Benson Schliesser
>
> Proposal Version:  1
>
> Date:  23 Feb 2011
>
> Proposal type:  New
>
> Policy term:  Permanent
>
> Policy statement:
>
> Add the following to the NRPM:
>
> 13.  Unaffiliated Address Blocks
>
> 13.x. Opt-out Allowed
>
> ARIN provides IP address registry services to all IP address holders in
> the ARIN region, for all IP address resources that are not registered
> by
> another RIR, regardless of whether any given address holder has entered
> into a services agreement.  However, ARIN will cease providing any
> registry services for specific IP address resources in the event that
> the legitimate address holder of an unaffiliated address block, that is
> an address block that is not covered by an ongoing services agreement,
> chooses to opt-out of receiving any or all registry services from ARIN.
>
> 13.x.1. Requirements for Whois Opt-out
>
> In order for an opt-out request for Whois directory services to be
> valid, the legitimate address holder must agree to provide a
> replacement
> directory service reflecting operationally accurate allocation and
> assignment information for the specified IP number resources.  ARIN
> will
> create generic placeholder entries in the ARIN Whois directory for all
> IP number resources that are removed due to opt-out, and each
> placeholder entry will include a reference and/or RWhois referral to
> the
> replacement directory service.
>
>
> Rationale:
>
> This proposal does not seek to replace ARIN-prop-133 but is offered as
> an exclusive alternative for consideration by the ARIN community, in
> order to address concerns that it would unfairly harm legacy address
> holders and/or cause unnecessary damage to the Whois database.
>
> Policy Background:
>
> This policy attempts to clarify the relationship that ARIN has with
> legacy address holders.
>
> Specifically, this policy recognizes that absent an agreement such as
> the RSA or LRSA there is no formal relationship with legacy address
> holders.  At present, however, ARIN continues to provide services to
> these organizations.  This is done without compensation and potentially
> in opposition to the legacy address holders' wishes.  As a result of
> this behavior ARIN has created an illusion of implied authority that
> exposes ARIN to unacceptable levels of liability, is hindering the
> development of an open address market (driving it "underground"), and
> is
> putting the operational stability of the Internet at risk.  As new
> services such as RPKI are contemplated this situation becomes even more
> critical.
>
> This policy assumes the tacit consent of all address holders in the
> ARIN
> region, to receive ARIN registry services and to be governed by ARIN
> policy, but allows for legitimate address holders of unaffiliated
> address blocks to explicitly opt-out of any and/or all services.  This
> approach would allow ARIN to continue providing volunteer services to
> any member of the legacy community as long as this service was not
> contrary to their wishes.  Further, it would allow legacy address
> holders to opt-out of some services such as Whois while continuing to
> receive other services such as in-addr DNS reverse mapping.
>
> In the event that a legacy address holder does opt-out of Whois
> directory services under this policy, ARIN would require the address
> holder to provide a replacement directory service and would continue to
> provide a Whois pointer (such as a RWhois referral) to that service.
> As
> a result, the integrity of the distributed Whois database would remain
> intact and be improved.
>
> Timetable for implementation:  Immediately
>
> _______________________________________________
> PPML
> You are receiving this message because you are subscribed to
> the ARIN Public Policy Mailing List (ARIN-PPML at arin.net).
> Unsubscribe or manage your mailing list subscription at:
> http://lists.arin.net/mailman/listinfo/arin-ppml
> Please contact info at arin.net if you experience any issues.