Re: Leasing of space via non-connectivity providers (was: Re: And so it ends... )

2011-02-05 Thread bmanning
On Thu, Feb 03, 2011 at 04:54:42PM +, John Curran wrote:
 On Feb 3, 2011, at 11:32 AM, Jon Lewis wrote:
 
  My point being, the leasing of IP space to non-connectivity customers is 
  already well established, whether it's technically permitted by the 
  [ir]relevant RIRs.  I fully expect this to continue and spread. Eventually, 
  holders of large legacy blocks will realize they can make good money acting 
  as an LIR, leasing portions of their unused space to people who need it and 
  can't get it, want it and don't qualify, etc.
  
  These start-up LIRs won't be bound by RIR policies, both because in some 
  cases they'll be legacy space holders with no RSA with their region's RIR, 
  and because they won't be worried about eligibility for future RIR 
  allocations of v4 space...because there won't be any.
 
 For the ARIN region, it would be nice to know how you'd like ARIN perform
 in the presence of such activity (leasing IP addresses by ISP not providing
 connectivity).  It's possible that such is perfectly reasonable and to simply
 be ignored, it's also possible that such should be considered a fraudulent 
 transfer and the resources reclaimed.  At the end of the day, the policy is
 set by this community, and clarity over ambiguity is very helpful.
 
 Policy proposal process: https://www.arin.net/policy/pdp.html
 
 Thanks!
 /John
 
 John Curran
 President and CEO
 ARIN

the practice predates ARIN by many years...  FWIW...

--bill



Re: Leasing of space via non-connectivity providers (was: Re: And so it ends... )

2011-02-05 Thread Joel Jaeggli



 
the practice predates ARIN by many years...  FWIW...

No reason to play coy... (ep.net)

 --bill
 



Re: And so it ends...

2011-02-05 Thread James P. Ashton
John,
 It seams that by stating Note that ARIN can't allow transfers contrary to the
community-developed policy that you intend to say that ARIN, based on your 
current policies and processes, will not actively update whois information for 
legacy block holders that either sub-assign or Transfer segments of their 
legacy space to another entity.

Is this the case?  If so, as many others seam to be asking, do you and the ARIN 
legal representatives, feel that you can actually legally follow this course 
and do you feel that, as you had nothing to do with the assignment of this 
space that you have any real right to deny these services. The community 
expects you to to have a certain quality of information in the database and not 
offering updating services can present operational issues to those of us using 
the database as intended. 

James



- Original Message -
On Feb 3, 2011, at 6:38 PM, Benson Schliesser wrote:

 Having said that, it should be clear that I view ARIN reclaiming legacy 
 addresses that aren't under contract (i.e. LRSA) as fraud, perhaps even in 
 the legal sense of the word.  It might also be considered theft by some.  But 
 outright reclaiming from ongoing address holders isn't a big concern of mine, 
 because I doubt ARIN will go far down that path (if it goes at all).  My real 
 concern is that ARIN might refuse to recognize legacy transfers, fail to 
 update the Whois database, issue RPKI inappropriately, and cause real damage 
 to live networks.  This would be bad for the networks that implement ARIN 
 Whois-based policy, of course.  

Benson - 

ARIN provides legacy holders with WHOIS and IN-ADDR services without charge.
If a legacy holder simply wishes to make use of their resources and maintains 
current directory information, ARIN left them fairly undisturbed since its 
formation.  

Via the Legacy RSA, ARIN offers contractual assurances to legacy holders of 
ARIN providing these services, as well as certain protections from reclamation 
and policy changes.  Note that ARIN can't allow transfers contrary to the
community-developed policy, so legacy address holders who wish to do more
then just use their resources (e.g. transfer them) are encouraged to get
involved in the community to create policies that match their needs.

/John

John Curran
President and CEO
ARIN





Re: And so it ends...

2011-02-05 Thread John Curran
James -

ARIN allows legacy holders to update their registration information, in 
fact, we even allow such via ARIN Online.  No agreement is required with ARIN; 
we provide this service as well as WHOIS and reverse DNS without charge.

 If you no longer want to use your address space, you may return it, or 
transfer according to the community developed policies.

/John

John Curran
President and CEO
ARIN

On Feb 5, 2011, at 1:54 PM, James P. Ashton ja...@gitflorida.com wrote:

 John,
 It seams that by stating Note that ARIN can't allow transfers contrary to the
 community-developed policy that you intend to say that ARIN, based on your 
 current policies and processes, will not actively update whois information 
 for legacy block holders that either sub-assign or Transfer segments of 
 their legacy space to another entity.
 
 Is this the case?  If so, as many others seam to be asking, do you and the 
 ARIN legal representatives, feel that you can actually legally follow this 
 course and do you feel that, as you had nothing to do with the assignment of 
 this space that you have any real right to deny these services. The community 
 expects you to to have a certain quality of information in the database and 
 not offering updating services can present operational issues to those of us 
 using the database as intended. 
 
 James
 
 
 
 - Original Message -
 On Feb 3, 2011, at 6:38 PM, Benson Schliesser wrote:
 
 Having said that, it should be clear that I view ARIN reclaiming legacy 
 addresses that aren't under contract (i.e. LRSA) as fraud, perhaps even in 
 the legal sense of the word.  It might also be considered theft by some.  
 But outright reclaiming from ongoing address holders isn't a big concern of 
 mine, because I doubt ARIN will go far down that path (if it goes at all).  
 My real concern is that ARIN might refuse to recognize legacy transfers, 
 fail to update the Whois database, issue RPKI inappropriately, and cause 
 real damage to live networks.  This would be bad for the networks that 
 implement ARIN Whois-based policy, of course.  
 
 Benson - 
 
 ARIN provides legacy holders with WHOIS and IN-ADDR services without charge.
 If a legacy holder simply wishes to make use of their resources and maintains 
 current directory information, ARIN left them fairly undisturbed since its 
 formation.  
 
 Via the Legacy RSA, ARIN offers contractual assurances to legacy holders of 
 ARIN providing these services, as well as certain protections from 
 reclamation 
 and policy changes.  Note that ARIN can't allow transfers contrary to the
 community-developed policy, so legacy address holders who wish to do more
 then just use their resources (e.g. transfer them) are encouraged to get
 involved in the community to create policies that match their needs.
 
 /John
 
 John Curran
 President and CEO
 ARIN
 
 



Re: And so it ends...

2011-02-05 Thread Jimmy Hess
On Sat, Feb 5, 2011 at 1:24 PM, John Curran jcur...@arin.net wrote:
    ARIN allows legacy holders to update their registration information, in 
 fact, we even allow such via ARIN Online.  No agreement is required with 
 ARIN; we provide this service as well as WHOIS and reverse DNS without charge.
     If you no longer want to use your address space, you may return it, or 
 transfer according to the community developed policies.

I think he means to ask:What happens if a legacy registrant (who
has not signed any RSA)
ad-hoc decided on their own that they
have  transferred   some portion of their space (or their entire
address space)  to a different organization
who was not named on the original IANA or  Internic registration,  and
the legacy resource holder
(or transfer recipient) cannot show their transfer was made
with/through the approval of IANA,
Internic, any RIR, etc,  under any legacy policy,   the legacy
registry did not reflect it,
 (so there is no existing 'official' record of a transfer).

Does ARIN recognize updates from organizations who claim that some
resources were transferred
to them by a legacy holder  and treat the transfer recipient as a
valid legacy resource holder?

Particularly  in difficult  cases where the original legacy
resource holder is completely defunct; the
original organization named in the IANA or Internic registration might
have moved  (where multiple
organizations have similar names), be bankrupt, have merged, or
renamed itself,
no longer able to be contacted, and the claimed holder  might be
claiming the entire legacy
allocation was  transferred to them  (without WHOIS ever being updated) ?


Does ARIN recognize all transfers claimed by the verifiable original
legacy resource holder
and treat transfers they claim to have made as valid?  Or is some
proof required that any transfer
was made before ARIN existed  (if an ARIN transfer policy was not followed)?


Will they be allowed to update ARIN to reflect their  ad-hoc
transfer   (which did not occur
in a way that is valid under any current ARIN policy).


*Since ARIN policy at the current time requires specified transfers be
made through ARIN,
and  the recipient of address has to meet a utilization criterion.
No ad-hoc transfers would seem to be allowed by current ARIN policies,
except non-permanent reassignments.


For example, if a legacy registrant with a /8  decided  One
particular /24  somewhere in the middle of
the assignment now permanently  belongs to   $OTHER_ENTITY   Will
ARIN allow them to
update WHOIS with that, and from then on  treat $OTHER_ENTIY as a
legacy holder of that
one /24...
with $ORIGINAL_ENTITY treated as a legacy holder who 'owns' all the /8
 except one /24 ?


Will ARIN allow the legacy resource holder to indicate  We have
(non-permanently) reallocated or
 sub-delegated such and such /24  to  $OTHER_ENTITY
Even if the legacy holder  when obtaining the /8was an end user
(and not an ISP)
when they obtained their legacy resources?


 /John
 John Curran
 President and CEO
 ARIN

--
-JH



Re: And so it ends...

2011-02-05 Thread Jack Bates

On 2/5/2011 4:53 PM, Jimmy Hess wrote:

*Since ARIN policy at the current time requires specified transfers be
made through ARIN,
and  the recipient of address has to meet a utilization criterion.
No ad-hoc transfers would seem to be allowed by current ARIN policies,
except non-permanent reassignments.


I think ARIN's stance is they can update whois and issue 
reallocations/assignment information into whois based on their Legacy 
status. If they want to permanently give their space to someone else, 
documentation wise, the most they can do is allocate the entire space to 
the other person. They are still considered the primary holder and the 
only thing that makes it permanent is the contract signed between them 
and the other party.


Given the reallocation, I'm sure the receiving party also can update whois.

Jack



Re: And so it ends...

2011-02-04 Thread David Conrad
Robert,

On Feb 3, 2011, at 8:53 PM, Robert Bonomi wrote:
 As far as I am aware, the USG contract is with ICANN, not ARIN (see  
 http://www.ntia.doc.gov/ntiahome/domainname/iana/ianacontract_081406.pdf, 
 section C.2.2.1.3).
 
 Correct.  _They_ can can delegate as they see fit, with no requirement
 to provide competing alternatives.  ARIN, the delegatee, is not the 
 'monopolist' -- the party controlling the situation -- they are just a
 delagatee of the party who has the monopoly position.

An interesting perspective.  Thanks!

Regards,
-drc




Re: And so it ends...

2011-02-03 Thread Wil Schultz
It's been a fun ride, adios good friend. 

-wil

On Feb 3, 2011, at 6:35 AM, Scott Howard wrote:

 102/8   AfriNIC2011-02whois.afrinic.net ALLOCATED
 103/8   APNIC  2011-02whois.apnic.net   ALLOCATED
 104/8   ARIN   2011-02whois.arin.netALLOCATED
 179/8   LACNIC 2011-02whois.lacnic.net  ALLOCATED
 185/8   RIPE NCC   2011-02whois.ripe.netALLOCATED




Re: And so it ends...

2011-02-03 Thread Max Larson Henry
Still a few LEGACY in the status column ;-)

-M

On Thu, Feb 3, 2011 at 9:35 AM, Scott Howard sc...@doc.net.au wrote:

 102/8   AfriNIC2011-02whois.afrinic.net ALLOCATED
 103/8   APNIC  2011-02whois.apnic.net   ALLOCATED
 104/8   ARIN   2011-02whois.arin.netALLOCATED
 179/8   LACNIC 2011-02whois.lacnic.net  ALLOCATED
 185/8   RIPE NCC   2011-02whois.ripe.netALLOCATED



RE: And so it ends...

2011-02-03 Thread Alex Rubenstein
And we have yet to see what happens with backend transactions between private 
institutions that have large blocks laying around, and them realizing that they 
have a marketable and valuable thing. We may all say it won't happen, we may 
even say we don't want it to happen, or that it shouldn't be allowed - but I'm 
a realist.


 From: Max Larson Henry [mailto:maxlarson.he...@transversal.ht]
 
 Still a few LEGACY in the status column ;-)
 
 -M
 
 On Thu, Feb 3, 2011 at 9:35 AM, Scott Howard sc...@doc.net.au wrote:
 
  102/8   AfriNIC2011-02whois.afrinic.net ALLOCATED
  103/8   APNIC  2011-02whois.apnic.net   ALLOCATED
  104/8   ARIN   2011-02whois.arin.netALLOCATED
  179/8   LACNIC 2011-02whois.lacnic.net  ALLOCATED
  185/8   RIPE NCC   2011-02whois.ripe.netALLOCATED
 



Re: And so it ends...

2011-02-03 Thread Jon Lewis
The real fun's going to be over the next several years as the RIR's become 
irrelevant in the acquisition of scarce IPv4 resources...and things become 
less stable as lots of orgs rush to implement a strange new IP version.


On Thu, 3 Feb 2011, Wil Schultz wrote:


It's been a fun ride, adios good friend.

-wil

On Feb 3, 2011, at 6:35 AM, Scott Howard wrote:


102/8   AfriNIC2011-02whois.afrinic.net ALLOCATED
103/8   APNIC  2011-02whois.apnic.net   ALLOCATED
104/8   ARIN   2011-02whois.arin.netALLOCATED
179/8   LACNIC 2011-02whois.lacnic.net  ALLOCATED
185/8   RIPE NCC   2011-02whois.ripe.netALLOCATED





--
 Jon Lewis, MCP :)   |  I route
 Senior Network Engineer |  therefore you are
 Atlantic Net|
_ http://www.lewis.org/~jlewis/pgp for PGP public key_



RE: And so it ends...

2011-02-03 Thread Jon Lewis

On Thu, 3 Feb 2011, Alex Rubenstein wrote:

And we have yet to see what happens with backend transactions between 
private institutions that have large blocks laying around, and them 
realizing that they have a marketable and valuable thing. We may all say 
it won't happen, we may even say we don't want it to happen, or that it 
shouldn't be allowed - but I'm a realist.


Be a realist.  A private market in IPv4 leasing is inevitable.  The RIRs 
won't/can't prevent it.


--
 Jon Lewis, MCP :)   |  I route
 Senior Network Engineer |  therefore you are
 Atlantic Net|
_ http://www.lewis.org/~jlewis/pgp for PGP public key_



Re: And so it ends...

2011-02-03 Thread Dobbins, Roland

On Feb 3, 2011, at 9:35 PM, Scott Howard wrote:

 102/8   AfriNIC2011-02whois.afrinic.net ALLOCATED
 103/8   APNIC  2011-02whois.apnic.net   ALLOCATED
 104/8   ARIN   2011-02whois.arin.netALLOCATED
 179/8   LACNIC 2011-02whois.lacnic.net  ALLOCATED
 185/8   RIPE NCC   2011-02whois.ripe.netALLOCATED

http://www.faqs.org/rfcs/rfc2468.html

---
Roland Dobbins rdobb...@arbor.net // http://www.arbornetworks.com




Re: And so it ends...

2011-02-03 Thread Patrick W. Gilmore
On Feb 3, 2011, at 10:11 AM, Jon Lewis wrote:

 The real fun's going to be over the next several years as the RIR's become 
 irrelevant in the acquisition of scarce IPv4 resources...and things become 
 less stable as lots of orgs rush to implement a strange new IP version.

Supposedly[*] transfers between private entities are still supposed to be 
justified to the local RIRs.  (At least that's how it works in ARIN's area.)

-- 
TTFN,
patrick

[*] I know, I know


 On Thu, 3 Feb 2011, Wil Schultz wrote:
 
 It's been a fun ride, adios good friend.
 
 -wil
 
 On Feb 3, 2011, at 6:35 AM, Scott Howard wrote:
 
 102/8   AfriNIC2011-02whois.afrinic.net ALLOCATED
 103/8   APNIC  2011-02whois.apnic.net   ALLOCATED
 104/8   ARIN   2011-02whois.arin.netALLOCATED
 179/8   LACNIC 2011-02whois.lacnic.net  ALLOCATED
 185/8   RIPE NCC   2011-02whois.ripe.netALLOCATED
 
 
 
 --
 Jon Lewis, MCP :)   |  I route
 Senior Network Engineer |  therefore you are
 Atlantic Net|
 _ http://www.lewis.org/~jlewis/pgp for PGP public key_
 




Re: And so it ends...

2011-02-03 Thread Jeffrey Lyon
On Thu, Feb 3, 2011 at 9:58 AM, Alex Rubenstein a...@corp.nac.net wrote:
 And we have yet to see what happens with backend transactions between private 
 institutions that have large blocks laying around, and them realizing that 
 they have a marketable and valuable thing. We may all say it won't happen, we 
 may even say we don't want it to happen, or that it shouldn't be allowed - 
 but I'm a realist.


 From: Max Larson Henry [mailto:maxlarson.he...@transversal.ht]

 Still a few LEGACY in the status column ;-)

 -M

 On Thu, Feb 3, 2011 at 9:35 AM, Scott Howard sc...@doc.net.au wrote:

  102/8   AfriNIC    2011-02    whois.afrinic.net ALLOCATED
  103/8   APNIC      2011-02    whois.apnic.net   ALLOCATED
  104/8   ARIN       2011-02    whois.arin.net    ALLOCATED
  179/8   LACNIC     2011-02    whois.lacnic.net  ALLOCATED
  185/8   RIPE NCC   2011-02    whois.ripe.net    ALLOCATED
 



My theory is that IPv4 will continue to survive with companies
becoming more and more conservative on the use of space. IPv6 adoption
will happen more substantially as the cost of second hand IPv4 becomes
more and more severe, approaching the apex of IPv4 cost vs. IPv6
adoption cost.

-- 
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications - AS32421
First and Leading in DDoS Protection Solutions



RE: And so it ends (slightly off topic)

2011-02-03 Thread Ronald Bonica
Folks,

Somehow, it is appropriate that this should happen on February 3. On February 
3, 1959, Buddy Holly, Richie Valens and JP Richardson (aka The Big Bopper) died 
in a plane crash. Don McLean immortalized that day as The Day The Music Died 
in his 1971 hit, American Pie.

   Ron





Re: And so it ends...

2011-02-03 Thread Benson Schliesser

On Feb 3, 2011, at 9:30 AM, Patrick W. Gilmore wrote:

 On Feb 3, 2011, at 10:11 AM, Jon Lewis wrote:
 
 The real fun's going to be over the next several years as the RIR's become 
 irrelevant in the acquisition of scarce IPv4 resources...and things become 
 less stable as lots of orgs rush to implement a strange new IP version.
 
 Supposedly[*] transfers between private entities are still supposed to be 
 justified to the local RIRs.  (At least that's how it works in ARIN's area.)

That's what the RIR might say.  But without legal authority (e.g. under 
contract, as a regulator, or through statutory authority) it is difficult or 
impossible to enforce.

We can talk about how people should return addresses, or should justify 
transfers, etc, but we would only be begging.  Transfers will take place 
outside the RIR scope, because RIR transfer/market policy doesn't accommodate 
reality.

Or, we can fix policy..?

Cheers,
-Benson





Re: And so it ends...

2011-02-03 Thread Owen DeLong

On Feb 3, 2011, at 7:30 AM, Patrick W. Gilmore wrote:

 On Feb 3, 2011, at 10:11 AM, Jon Lewis wrote:
 
 The real fun's going to be over the next several years as the RIR's become 
 irrelevant in the acquisition of scarce IPv4 resources...and things become 
 less stable as lots of orgs rush to implement a strange new IP version.
 
 Supposedly[*] transfers between private entities are still supposed to be 
 justified to the local RIRs.  (At least that's how it works in ARIN's area.)
 
The only registry where it doesn't work that way at this time is APNIC.

RIPE is unfortunately considering the APNIC model.

Fortunately, APNIC is reconsidering their model.

Owen




Re: And so it ends...

2011-02-03 Thread Patrick W. Gilmore
On Feb 3, 2011, at 11:22 AM, Benson Schliesser wrote:
 On Feb 3, 2011, at 9:30 AM, Patrick W. Gilmore wrote:
 On Feb 3, 2011, at 10:11 AM, Jon Lewis wrote:
 
 The real fun's going to be over the next several years as the RIR's become 
 irrelevant in the acquisition of scarce IPv4 resources...and things become 
 less stable as lots of orgs rush to implement a strange new IP version.
 
 Supposedly[*] transfers between private entities are still supposed to be 
 justified to the local RIRs.  (At least that's how it works in ARIN's area.)
 
 That's what the RIR might say.  But without legal authority (e.g. under 
 contract, as a regulator, or through statutory authority) it is difficult or 
 impossible to enforce.

You missed the [*] where I said I know, I know

-- 
TTFN,
patrick


  can talk about how people should return addresses, or should justify 
 transfers, etc, but we would only be begging.  Transfers will take place 
 outside the RIR scope, because RIR transfer/market policy doesn't accommodate 
 reality.
 
 Or, we can fix policy..?
 
 Cheers,
 -Benson
 
 




Re: And so it ends...

2011-02-03 Thread Jon Lewis

On Thu, 3 Feb 2011, Patrick W. Gilmore wrote:


On Feb 3, 2011, at 10:11 AM, Jon Lewis wrote:

The real fun's going to be over the next several years as the RIR's 
become irrelevant in the acquisition of scarce IPv4 resources...and 
things become less stable as lots of orgs rush to implement a strange 
new IP version.


Supposedly[*] transfers between private entities are still supposed to 
be justified to the local RIRs.  (At least that's how it works in ARIN's 
area.)


I was going to say this when I walked up to the mic at the IPv4 runout 
talk yesterday morning, but sat down when they said we're going to wrap 
this up now and ended up going and talking to the RIPE people about it.


For a year or more, there have been RIPE region LIRs willing to lease 
relatively large amounts of IPv4 to anyone willing to pay.  The ones I've 
been noticing have been snowshoe spammers who get their RIPE space and 
then announce it in datacenters in the US...presumably on rented dedicated 
servers from which they send spam.


My point being, the leasing of IP space to non-connectivity customers is 
already well established, whether it's technically permitted by the 
[ir]relevant RIRs.  I fully expect this to continue and spread. 
Eventually, holders of large legacy blocks will realize they can make good 
money acting as an LIR, leasing portions of their unused space to people 
who need it and can't get it, want it and don't qualify, etc.


These start-up LIRs won't be bound by RIR policies, both because in some 
cases they'll be legacy space holders with no RSA with their region's RIR, 
and because they won't be worried about eligibility for future RIR 
allocations of v4 space...because there won't be any.


--
 Jon Lewis, MCP :)   |  I route
 Senior Network Engineer |  therefore you are
 Atlantic Net|
_ http://www.lewis.org/~jlewis/pgp for PGP public key_



Re: And so it ends... NOT

2011-02-03 Thread bmanning

For all you folks mourning the demise of IPv4, could you PLEASE
transfer those old, used, not useful to you anymore IPv4 blocks
to me ... PLEASE?  Pretty Please?

just saying.


--bill



Re: And so it ends...

2011-02-03 Thread John Curran
On Feb 3, 2011, at 11:22 AM, Benson Schliesser wrote:
 That's what the RIR might say.  But without legal authority (e.g. under 
 contract, as a regulator, or through statutory authority) it is difficult or 
 impossible to enforce.

Transfers are permitted in the ARIN region per the community developed policies.

 We can talk about how people should return addresses, or should justify 
 transfers, etc, but we would only be begging.  Transfers will take place 
 outside the RIR scope, because RIR transfer/market policy doesn't accommodate 
 reality.

Such transfers should be reported when noticed, so the resources can be 
reclaimed and reissued.

 Or, we can fix policy..?

Absolutely... if the policy doesn't match your needs, please make a policy 
proposal. 

Thanks!
/John

John Curran
President and CEO
ARIN





Re: And so it ends (slightly off topic)

2011-02-03 Thread Marshall Eubanks

On Feb 3, 2011, at 11:04 AM, Ronald Bonica wrote:

 Folks,
 
 Somehow, it is appropriate that this should happen on February 3. On February 
 3, 1959, Buddy Holly, Richie Valens and JP Richardson (aka The Big Bopper) 
 died in a plane crash. Don McLean immortalized that day as The Day The Music 
 Died in his 1971 hit, American Pie.
 

Yes, among other things it ties it nicely to this

http://www.youtube.com/watch?v=_y36fG2Oba0

Regards
Marshall

   Ron
 
 
 
 




Re: And so it ends...

2011-02-03 Thread Benson Schliesser

On Feb 3, 2011, at 10:39 AM, John Curran wrote:

 On Feb 3, 2011, at 11:22 AM, Benson Schliesser wrote:
 That's what the RIR might say.  But without legal authority (e.g. under 
 contract, as a regulator, or through statutory authority) it is difficult or 
 impossible to enforce.
 
 Transfers are permitted in the ARIN region per the community developed 
 policies.

Understood.  My point is: legacy holders, unless they've signed the LRSA or 
equivalent, aren't required to submit to the ARIN process.


 We can talk about how people should return addresses, or should justify 
 transfers, etc, but we would only be begging.  Transfers will take place 
 outside the RIR scope, because RIR transfer/market policy doesn't 
 accommodate reality.
 
 Such transfers should be reported when noticed, so the resources can be 
 reclaimed and reissued.

Is any RIR authorized, in a legal sense, to reclaim legacy address blocks 
that RIR didn't issue?  Without that legal authority, is any RIR prepared to 
accommodate the legal damages stemming from reclamation? (Does the RIR 
membership support such action, in the first place?)


 Or, we can fix policy..?
 
 Absolutely... if the policy doesn't match your needs, please make a policy 
 proposal. 

That's a good suggestion, which I will follow-up on.  I hope the RIR community 
can change despite its own momentum.


Cheers,
-Benson





Re: And so it ends (slightly off topic)

2011-02-03 Thread Alexandre Snarskii
On Thu, Feb 03, 2011 at 11:04:29AM -0500, Ronald Bonica wrote:
 Folks,
 
 Somehow, it is appropriate that this should happen on February 3. 
 On February 3, 1959, Buddy Holly, Richie Valens and JP Richardson 
 (aka The Big Bopper) died in a plane crash. Don McLean immortalized 
 that day as The Day The Music Died in his 1971 hit, American Pie.

And exactly this song was later rephrased as 'the day the routers died' 
concerning IPv4 exhaustion at RIPE55 meeting. Another coincidence ? :) 

-- 
In theory, there is no difference between theory and practice. 
But, in practice, there is. 




Leasing of space via non-connectivity providers (was: Re: And so it ends... )

2011-02-03 Thread John Curran
On Feb 3, 2011, at 11:32 AM, Jon Lewis wrote:

 My point being, the leasing of IP space to non-connectivity customers is 
 already well established, whether it's technically permitted by the 
 [ir]relevant RIRs.  I fully expect this to continue and spread. Eventually, 
 holders of large legacy blocks will realize they can make good money acting 
 as an LIR, leasing portions of their unused space to people who need it and 
 can't get it, want it and don't qualify, etc.
 
 These start-up LIRs won't be bound by RIR policies, both because in some 
 cases they'll be legacy space holders with no RSA with their region's RIR, 
 and because they won't be worried about eligibility for future RIR 
 allocations of v4 space...because there won't be any.

For the ARIN region, it would be nice to know how you'd like ARIN perform
in the presence of such activity (leasing IP addresses by ISP not providing
connectivity).  It's possible that such is perfectly reasonable and to simply
be ignored, it's also possible that such should be considered a fraudulent 
transfer and the resources reclaimed.  At the end of the day, the policy is
set by this community, and clarity over ambiguity is very helpful.

Policy proposal process: https://www.arin.net/policy/pdp.html

Thanks!
/John

John Curran
President and CEO
ARIN




Re: And so it ends...

2011-02-03 Thread John Curran
On Feb 3, 2011, at 11:51 AM, Benson Schliesser wrote:
 Such transfers should be reported when noticed, so the resources can be 
 reclaimed and reissued.
 
 Is any RIR authorized, in a legal sense, to reclaim legacy address blocks 
 that RIR didn't issue?  Without that legal authority, is any RIR prepared 
 to accommodate the legal damages stemming from reclamation? (Does the RIR 
 membership support such action, in the first place?)

Resources are listed in the ARIN WHOIS database, which is administered per 
policies established by the community in this region.

Short answer: there's no shortage of authority updating that database as long 
as the community wishes it so.

/John

John Curran
President and CEO
ARIN





Re: And so it ends (slightly off topic)

2011-02-03 Thread Rubens Kuhl
On Thu, Feb 3, 2011 at 2:04 PM, Ronald Bonica rbon...@juniper.net wrote:
 Folks,

 Somehow, it is appropriate that this should happen on February 3. On February 
 3, 1959, Buddy Holly, Richie Valens and JP Richardson (aka The Big Bopper) 
 died in a plane crash. Don McLean immortalized that day as The Day The Music 
 Died in his 1971 hit, American Pie.

And at RIPE55, The Day The Music Died morphed into The Day The Routers Died':
http://www.youtube.com/watch?v=_y36fG2Oba0

The music is... guess what, about IP address depletion...

Rubens



Re: And so it ends...

2011-02-03 Thread Benson Schliesser

On Feb 3, 2011, at 10:57 AM, John Curran wrote:

 On Feb 3, 2011, at 11:51 AM, Benson Schliesser wrote:
 Such transfers should be reported when noticed, so the resources can be 
 reclaimed and reissued.
 
 Is any RIR authorized, in a legal sense, to reclaim legacy address blocks 
 that RIR didn't issue?  Without that legal authority, is any RIR prepared 
 to accommodate the legal damages stemming from reclamation? (Does the RIR 
 membership support such action, in the first place?)
 
 Resources are listed in the ARIN WHOIS database, which is administered per 
 policies established by the community in this region.
 
 Short answer: there's no shortage of authority updating that database as long 
 as the community wishes it so.

I respect the community-driven process and I respect that ARIN's role is to 
enforce community-developed policy.  From that perspective, thank you for your 
answer.

But that's only valid up to a point.  If the community declared overwhelmingly 
that ARIN should start clubbing random people over the head, I suspect your 
legal counsel would take issue with that policy and ARIN would refuse to 
enforce it.

Of course this is only theoretical at the moment.  The rubber will meet the 
road soon, now that the exhaustion phase has arrived.

Cheers,
-Benson





Re: And so it ends...

2011-02-03 Thread John Curran
On Feb 3, 2011, at 12:07 PM, Benson Schliesser wrote:

 On Feb 3, 2011, at 10:57 AM, John Curran wrote:
 
 On Feb 3, 2011, at 11:51 AM, Benson Schliesser wrote:
 Such transfers should be reported when noticed, so the resources can be 
 reclaimed and reissued.
 
 Is any RIR authorized, in a legal sense, to reclaim legacy address blocks 
 that RIR didn't issue?  Without that legal authority, is any RIR prepared 
 to accommodate the legal damages stemming from reclamation? (Does the RIR 
 membership support such action, in the first place?)
 
 Resources are listed in the ARIN WHOIS database, which is administered per 
 policies established by the community in this region.
 
 Short answer: there's no shortage of authority updating that database as 
 long as the community wishes it so.
 
 I respect the community-driven process and I respect that ARIN's role is to 
 enforce community-developed policy.  From that perspective, thank you for 
 your answer.
 
 But that's only valid up to a point.  If the community declared 
 overwhelmingly that ARIN should start clubbing random people over the head, I 
 suspect your legal counsel would take issue with that policy and ARIN would 
 refuse to enforce it.

Clubbing people over the head would not get adopted by the
policy progress, since legal review is part of the process.

Reclaiming addresses that are used contrary to policy process
is already part of the number resource policy in the ARIN region, 
has passed legal review, and has already been done on occasion.

 Of course this is only theoretical at the moment.  

Incorrect.  It's running code.
/John




Re: And so it ends...

2011-02-03 Thread Ernie Rubi
OK so the argument is the 'community' is ARIN's source of legal power or is the 
corporate laws of the State of Virginia?
 
On Feb 3, 2011, at 11:57 AM, John Curran wrote:

 On Feb 3, 2011, at 11:51 AM, Benson Schliesser wrote:
 Such transfers should be reported when noticed, so the resources can be 
 reclaimed and reissued.
 
 Is any RIR authorized, in a legal sense, to reclaim legacy address blocks 
 that RIR didn't issue?  Without that legal authority, is any RIR prepared 
 to accommodate the legal damages stemming from reclamation? (Does the RIR 
 membership support such action, in the first place?)
 
 Resources are listed in the ARIN WHOIS database, which is administered per 
 policies established by the community in this region.
 
 Short answer: there's no shortage of authority updating that database as long 
 as the community wishes it so.
 
 /John
 
 John Curran
 President and CEO
 ARIN
 
 









Re: And so it ends (slightly off topic)

2011-02-03 Thread Leo Bicknell
In a message written on Thu, Feb 03, 2011 at 07:48:45PM +0300, Alexandre 
Snarskii wrote:
 On Thu, Feb 03, 2011 at 11:04:29AM -0500, Ronald Bonica wrote:
  Somehow, it is appropriate that this should happen on February 3. 
  On February 3, 1959, Buddy Holly, Richie Valens and JP Richardson 
  (aka The Big Bopper) died in a plane crash. Don McLean immortalized 
  that day as The Day The Music Died in his 1971 hit, American Pie.
 
 And exactly this song was later rephrased as 'the day the routers died' 
 concerning IPv4 exhaustion at RIPE55 meeting. Another coincidence ? :) 

Let me see if I can speed this thread to it's eventual conclusion.  :)

Hitler clearly went into hiding and became Buddy Holly, who died
in the plane crash.  His unground supporters masterminded 9/11 in
his memory as a means to use up all the IPv4 addresses sparking a
revolution of socialism during the transition to IPv6 lead by Barack
Obama.  But what most people don't know is that Hitler was just a
messager from Xenu, who are fighting a proxy battle with the Raelians
on earth for control of the universe.  The Japanese have taken up
the fight, as the Raelians are here as whales.  It is the whales,
er Raelians who are pushing for IPv6, so they can address the entire
universe when their scheme for world domination finally succeeds.
This is why Japan spent so much energy with IPv6 early on, so they
could develop a stuxnet like virus that would infect all of the
Raelian IPv6 devices and destroy them.

It's all really quite obvious, I don't understand why so many people
don't see the connections.  They are all here in plain sight.

I really should stop watching cable news. :)

[For the humor impared, some or all of this message may be totally
made up.]

-- 
   Leo Bicknell - bickn...@ufp.org - CCIE 3440
PGP keys at http://www.ufp.org/~bicknell/


pgpCDfhhjGGPc.pgp
Description: PGP signature


Re: Leasing of space via non-connectivity providers (was: Re: And so it ends... )

2011-02-03 Thread Jon Lewis

On Thu, 3 Feb 2011, John Curran wrote:


On Feb 3, 2011, at 11:32 AM, Jon Lewis wrote:


My point being, the leasing of IP space to non-connectivity customers is 
already well established, whether it's technically permitted by the 
[ir]relevant RIRs.  I fully expect this to continue and spread. Eventually, 
holders of large legacy blocks will realize they can make good money acting as 
an LIR, leasing portions of their unused space to people who need it and can't 
get it, want it and don't qualify, etc.

These start-up LIRs won't be bound by RIR policies, both because in some cases 
they'll be legacy space holders with no RSA with their region's RIR, and 
because they won't be worried about eligibility for future RIR allocations of 
v4 space...because there won't be any.


For the ARIN region, it would be nice to know how you'd like ARIN perform
in the presence of such activity (leasing IP addresses by ISP not providing
connectivity).  It's possible that such is perfectly reasonable and to simply
be ignored, it's also possible that such should be considered a fraudulent
transfer and the resources reclaimed.  At the end of the day, the policy is
set by this community, and clarity over ambiguity is very helpful.


I'm not saying that ARIN should.  Even if I thought ARIN should, I suspect 
the policy process (to develop policies governing org to org IP space 
leases) would be a waste of everyone's time, because I seriously doubt any 
policy attempting to forbid or control such activity would be possible to 
enforce.  I merely meant to point out that it's already happening, and 
IMO, will continue and spread.  Additionally, I suspect any attempt by the 
RIRs to become the sole brokers or clearing houses for org to org IP space 
transactions within their regions will be futile.


There may be some utility to the RIRs providing such a function, but I 
don't believe the RIRs will be able to control the markets and prevent 
ad-hoc LIRs from popping up and operating however they see fit.



--
 Jon Lewis, MCP :)   |  I route
 Senior Network Engineer |  therefore you are
 Atlantic Net|
_ http://www.lewis.org/~jlewis/pgp for PGP public key_



Re: And so it ends...

2011-02-03 Thread John Curran
On Feb 3, 2011, at 12:26 PM, Ernie Rubi wrote:

 OK so the argument is the 'community' is ARIN's source of legal power or is 
 the corporate laws of the State of Virginia?

Mr. Rubi - 
 
 ARIN operates the ARIN WHOIS database as part of the mission of 
 organization in serving the community, and we're incorporated in 
 the State of Virginia as nonstock corporation pursuant to the 
 Virginia Nonstock Corporation Act. Our corporate documents are
 available here: 
   https://www.arin.net/about_us/corp_docs.html

Please do not hesitate to contact me if you have further questions.
/John

John Curran 
President and CEO
ARIN




Re: And so it ends...

2011-02-03 Thread Kevin Stange
On 02/03/2011 11:41 AM, Jeffrey Lyon wrote:
 I'm not inclined to believe that ARIN members will collectively agree
 on anything significant, so the policy process is a lot like U.S.
 government (not a lot getting done).

ARIN members don't make binding votes on individual policy actions, they
elect the Advisory Council and Board of ARIN.  ARIN solicits policy
proposals and takes feedback and general counts of yea and nay votes for
those proposals before deciding whether to adopt them.

All of this is documented:

https://www.arin.net/participate/how_to_participate.html

It's true a lot of policy proposal never get out of the discussion
phase, but they're posted to the PPML and anyone can discuss their
reasons for support or opposition, propose improvements and work to get
the policy into a state where the AC will bring it under review.

This process is far more open than that of the US Government.

-- 
Kevin Stange
Chief Technology Officer
Steadfast Networks
http://steadfast.net
Phone: 312-602-2689 ext. 203 | Fax: 312-602-2688 | Cell: 312-320-5867



signature.asc
Description: OpenPGP digital signature


Re: And so it ends...

2011-02-03 Thread Ernie Rubi
I think it's OK to say you cannot/would rather not answer the question, instead 
of giving a non-answer.  I was trying to follow along with your 'the community 
acquiescence gives us the legal right to take back legacy IP addresses' 
argument.

Cheers,

Ernie

On Feb 3, 2011, at 12:58 PM, John Curran wrote:

 On Feb 3, 2011, at 12:26 PM, Ernie Rubi wrote:
 
 OK so the argument is the 'community' is ARIN's source of legal authority or 
 is it the corporate laws of the State of Virginia?
 
 Mr. Rubi - 
 
 ARIN operates the ARIN WHOIS database as part of the mission of 
 organization in serving the community, and we're incorporated in 
 the State of Virginia as nonstock corporation pursuant to the 
 Virginia Nonstock Corporation Act. Our corporate documents are
 available here: 
   https://www.arin.net/about_us/corp_docs.html
 
 Please do not hesitate to contact me if you have further questions.
 /John
 
 John Curran 
 President and CEO
 ARIN





Re: And so it ends...

2011-02-03 Thread Owen DeLong

On Feb 3, 2011, at 8:51 AM, Benson Schliesser wrote:

 
 On Feb 3, 2011, at 10:39 AM, John Curran wrote:
 
 On Feb 3, 2011, at 11:22 AM, Benson Schliesser wrote:
 That's what the RIR might say.  But without legal authority (e.g. under 
 contract, as a regulator, or through statutory authority) it is difficult 
 or impossible to enforce.
 
 Transfers are permitted in the ARIN region per the community developed 
 policies.
 
 Understood.  My point is: legacy holders, unless they've signed the LRSA or 
 equivalent, aren't required to submit to the ARIN process.
 
That remains to be seen. If they give up their space, it is unclear that they 
have any right to transfer it to another
organization rather than return it to the successor registry. There is no 
precedent established showing that
this is allowed.

 
 We can talk about how people should return addresses, or should justify 
 transfers, etc, but we would only be begging.  Transfers will take place 
 outside the RIR scope, because RIR transfer/market policy doesn't 
 accommodate reality.
 
 Such transfers should be reported when noticed, so the resources can be 
 reclaimed and reissued.
 
 Is any RIR authorized, in a legal sense, to reclaim legacy address blocks 
 that RIR didn't issue?  Without that legal authority, is any RIR prepared 
 to accommodate the legal damages stemming from reclamation? (Does the RIR 
 membership support such action, in the first place?)
 
That remains to be seen. IANA has declared them the successor registries for 
the legacy blocks and there is widespread belief that addresses were issued for 
use and expected to be returned when that use was no longer valid.

The other thing to consider is that the RIR doesn't really need to reclaim 
the block, per se. They can simply stop providing uniqueness to the 
organizations that don't have a contract with them and issue those numbers to 
some other organization that has a contract. The other organization would know 
that their uniqueness is limited to those cooperating in the registry system.

Does an organization that has no contract with an RIR have a right to expect 
that RIR to continue to provide them a unique registration?

Owen




Re: And so it ends...

2011-02-03 Thread Dan White

On 03/02/11 10:38 -0500, Jeffrey Lyon wrote:

On Thu, Feb 3, 2011 at 9:58 AM, Alex Rubenstein a...@corp.nac.net wrote:

And we have yet to see what happens with backend transactions between
private institutions that have large blocks laying around, and them
realizing that they have a marketable and valuable thing. We may all say
it won't happen, we may even say we don't want it to happen, or that it
shouldn't be allowed - but I'm a realist.


My theory is that IPv4 will continue to survive with companies
becoming more and more conservative on the use of space. IPv6 adoption
will happen more substantially as the cost of second hand IPv4 becomes
more and more severe, approaching the apex of IPv4 cost vs. IPv6
adoption cost.


That makes sense in a 'market' kind of way, however I expect v6 adoption to
be much less of a cost curve and more of a flood gate as vendors start
rolling out better support, or any support for v6.

It's difficult for me to imagine any kind of v4 address market extending
the life of the public v4-only internet more than a few months, any more
than 2 or 3 legacy /8s getting returned to the global pool would. There's
just too much growth and too few networks that would get those addresses to
be significant in the larger picture.

I do agree that v4 will continue to survive for quite some time though, but
not at the expense of v6 adoption.

--
Dan White



Re: And so it ends...

2011-02-03 Thread John Curran
Mr. Rubi - 
 
   I'm sorry if my answer is not clear. 

   If your question was: What is the source of ARIN's legal authority to 
manage the ARIN WHOIS database?

   then answer is that the database is managed as part of ARIN's mission, per 
policies established by the community.

   If you're trying to ask a different question, I'm more than happy to answer, 
but I'd ask that you be more explicit.

Thank you,
/John

John Curran
President and CEO
ARIN

On Feb 3, 2011, at 1:41 PM, Ernie Rubi wrote:

 I think it's OK to say you cannot/would rather not answer the question, 
 instead of giving a non-answer.  I was trying to follow along with your 'the 
 community acquiescence gives us the legal right to take back legacy IP 
 addresses' argument.
 
 Cheers,
 
 Ernie
 
 On Feb 3, 2011, at 12:58 PM, John Curran wrote:
 
 On Feb 3, 2011, at 12:26 PM, Ernie Rubi wrote:
 
 OK so the argument is the 'community' is ARIN's source of legal authority 
 or is it the corporate laws of the State of Virginia?
 
 Mr. Rubi - 
 
 ARIN operates the ARIN WHOIS database as part of the mission of 
 organization in serving the community, and we're incorporated in 
 the State of Virginia as nonstock corporation pursuant to the 
 Virginia Nonstock Corporation Act. Our corporate documents are
 available here: 
  https://www.arin.net/about_us/corp_docs.html
 
 Please do not hesitate to contact me if you have further questions.
 /John
 
 John Curran 
 President and CEO
 ARIN
 
 




Re: And so it ends...

2011-02-03 Thread Jay Ashworth
- Original Message -
 From: John Curran jcur...@arin.net

 Mr. Rubi -
 
 I'm sorry if my answer is not clear.
 
 If your question was: What is the source of ARIN's legal authority to
 manage the ARIN WHOIS database?
 
 then answer is that the database is managed as part of ARIN's mission,
 per policies established by the community.
 
 If you're trying to ask a different question, I'm more than happy to
 answer, but I'd ask that you be more explicit.

I strongly suspect that his question is actually Does ARIN have any 
enforceable legal authority to compel an entity to cease using a
specific block of address space, absent a contract?

I suspect the actual answer will turn out to depend on whether courts
construe that as a property right or not.  The situation is analogous
to that concerning telephone numbers, and that position has changed
over time, in that arena, as I understand it.

Cheers,
-- jra



Re: And so it ends...

2011-02-03 Thread Bryan Fields
On 2/3/2011 14:16, John Curran wrote:
 then answer is that the database is managed as part of ARIN's mission, per
 policies established by the community.
 
 If you're trying to ask a different question, I'm more than happy to
 answer, but I'd ask that you be more explicit.
 
 On Feb 3, 2011, at 1:41 PM, Ernie Rubi wrote:
 
 I think it's OK to say you cannot/would rather not answer the question,
 instead of giving a non-answer.  I was trying to follow along with your
 'the community acquiescence gives us the legal right to take back
 legacy IP addresses' argument.

I guess my question here is, does ARIN have the right to take Legacy IP space
if it's not being used properly?  For example 44/8 which is Legacy from IANA.

Or does legacy in this context mean a company with a /14 allocation from ARIN
thats not using it? If so, how often, if ever has ARIN done this?  Can you
provide some examples of this being done?


-- 
Bryan Fields

727-409-1194 - Voice
727-214-2508 - Fax
http://bryanfields.net



Re: And so it ends...

2011-02-03 Thread Ernie Rubi
That's the question, and it seemed that the answer started to be formulated in 
terms of 'community acquiescence/policy leads to authority' in a previous 
email, so I wanted to make sure that was in fact the response to the question, 
at least in part.

ARIN will likely argue that 'this was done already' (i.e. they've taken legacy 
IP space away from an unwilling/uncooperative holder of said legacy space), but 
I haven't seen such an example.

This is a good debate, a lot of people are already annoyed at these questions 
and every single one always has an air of 'stfu kid' about them.  But then 
again, a lot of ppl got annoyed at the civil rights movement.  (drifting off 
topic here).  You cannot escape these questions and they will be decided firmly 
(in a legal sense) sooner or later.  

It may be that this all becomes moot when v6 gets fully deployed, but until 
then, it's a worthwhile conversation to have.

On Feb 3, 2011, at 2:34 PM, Jay Ashworth wrote:

 I strongly suspect that his question is actually Does ARIN have any 
 enforceable legal authority to compel an entity to cease using a
 specific block of address space, absent a contract?





Re: And so it ends...

2011-02-03 Thread John Curran
On Feb 3, 2011, at 2:34 PM, Jay Ashworth wrote:
 
 I strongly suspect that his question is actually Does ARIN have any 
 enforceable legal authority to compel an entity to cease using a
 specific block of address space, absent a contract?

ARIN has the authority to manage its database, and does so according to 
the community developed policies.  This includes changing the entries
which designate the address holder, and specify that there is now a new
address holder.  

None of this has to do with how entities configure their routers or 
servers.  

/John

John Curran
President and CEO
ARIN




Re: And so it ends...

2011-02-03 Thread Jay Ashworth
- Original Message -
 From: John Curran jcur...@arin.net

 On Feb 3, 2011, at 2:34 PM, Jay Ashworth wrote:
  I strongly suspect that his question is actually Does ARIN have any
  enforceable legal authority to compel an entity to cease using a
  specific block of address space, absent a contract?
 
 ARIN has the authority to manage its database, and does so according to
 the community developed policies. This includes changing the entries
 which designate the address holder, and specify that there is now a new
 address holder.
 
 None of this has to do with how entities configure their routers or
 servers.

Sure it does.  If best common practice is for network operators to get
address space from ARIN, and someone gets a block from you that you've
supposedly adversely taken back from, say, Goldman Sachs, and starts
using it, then *someone* is going to drink your milkshake, whether it be
the new user or the old one.

There is some reasonable expectation that if you claim to be the 
Source of All Good (Address) Bits, and you hand out a block that's in
dispute, that whomever relied on that will have an action.

It's an unpleasant position to be in, but you *are* there, make no mistake.

Cheers,
-- jra



Re: And so it ends...

2011-02-03 Thread John Curran
On Feb 3, 2011, at 3:02 PM, Jay Ashworth wrote:

 - Original Message -
 From: John Curran jcur...@arin.net
 
 On Feb 3, 2011, at 2:34 PM, Jay Ashworth wrote:
 I strongly suspect that his question is actually Does ARIN have any
 enforceable legal authority to compel an entity to cease using a
 specific block of address space, absent a contract?
 
 ARIN has the authority to manage its database, and does so according to
 the community developed policies. This includes changing the entries
 which designate the address holder, and specify that there is now a new
 address holder.
 
 None of this has to do with how entities configure their routers or
 servers.
 
 Sure it does.  If best common practice is for network operators to get
 address space from ARIN, and someone gets a block from you that you've
 supposedly adversely taken back from, say, Goldman Sachs, and starts
 using it, then *someone* is going to drink your milkshake, whether it be
 the new user or the old one.

To be clear, that's not ARIN legally compelling an entity to cease using 
a specific block of address space  We've never claimed that authority,
and I'm not aware of any entity that does claim such authority to compel
organizations to make router and system configuration changes.  We do 
claim authority to manage the database as part of our organizational 
mission.

/John

John Curran
President and CEO
ARIN





Re: And so it ends...

2011-02-03 Thread Jay Ashworth
- Original Message -
 From: John Curran jcur...@arin.net

 On Feb 3, 2011, at 3:02 PM, Jay Ashworth wrote:
 To be clear, that's not ARIN legally compelling an entity to cease using
 a specific block of address space We've never claimed that authority,
 and I'm not aware of any entity that does claim such authority to compel
 organizations to make router and system configuration changes. We do
 claim authority to manage the database as part of our organizational
 mission.

I was insufficiently clear, I guess.

If that database, which it is your mission to manage, purports to contain
address blocks which an applicant can safely deploy without fear of 
conflicting routes being advertised on the greater Internet (as I understand
that it does), and I were such an applicant, and you assigned me a block
which was in dispute -- it had been adversely taken away from someone
who believed they had rights to it -- *and they were still using it* --
then I as that new applicant would be very unhappy with ARIN, particularly 
if they did not notify me that there was a conflict.

Whether I would take action against ARIN or the old holder, I dunno; IANAL.

But, in short, if ARIN ever *does* take a block back adversely, and the
holder refuses to let it go, and ARIN assigns that block to someone else...

well, things might get messy.

Cheers,
-- jra



Re: And so it ends...

2011-02-03 Thread Jeffrey Lyon
On Thu, Feb 3, 2011 at 3:02 PM, Jay Ashworth j...@baylink.com wrote:
 - Original Message -
 From: John Curran jcur...@arin.net

 On Feb 3, 2011, at 2:34 PM, Jay Ashworth wrote:
  I strongly suspect that his question is actually Does ARIN have any
  enforceable legal authority to compel an entity to cease using a
  specific block of address space, absent a contract?

 ARIN has the authority to manage its database, and does so according to
 the community developed policies. This includes changing the entries
 which designate the address holder, and specify that there is now a new
 address holder.

 None of this has to do with how entities configure their routers or
 servers.

 Sure it does.  If best common practice is for network operators to get
 address space from ARIN, and someone gets a block from you that you've
 supposedly adversely taken back from, say, Goldman Sachs, and starts
 using it, then *someone* is going to drink your milkshake, whether it be
 the new user or the old one.

 There is some reasonable expectation that if you claim to be the
 Source of All Good (Address) Bits, and you hand out a block that's in
 dispute, that whomever relied on that will have an action.

 It's an unpleasant position to be in, but you *are* there, make no mistake.

 Cheers,
 -- jra



I think what John Curran is trying to say is that ARIN does not have
the authority to reclaim any space, as it merely provides a
registration service for the benefit of operators who recognize ARIN's
database as legitimate. Similarly, no one is required to recognize the
rights of legacy block holders which opens the doors for the
operator community to declare those blocks as bogons until the legacy
holders decide to play nice and release the space to an RIR.

In short, no one can take their space by force but we as a community
can stop recognizing them as legitimate owners.

My highly controversial two cents,
-- 
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications - AS32421
First and Leading in DDoS Protection Solutions



Re: And so it ends...

2011-02-03 Thread Scott Helms
My 2 cents, in the few cases that we've been involved with that dealt 
with reclaiming space the backbone providers have universally followed 
what is in the ARIN database.  If you need a block routed they generally 
will not take action until the SWIP is complete and the same is true 
when pulling space back that had been in use.  Since the major ISPs (and 
most of the minor ones as well) filter the BGP they get from customer 
they can prevent the advertisement of blocks that are disputed.


On 2/3/2011 3:27 PM, Jay Ashworth wrote:


I was insufficiently clear, I guess.

If that database, which it is your mission to manage, purports to contain
address blocks which an applicant can safely deploy without fear of
conflicting routes being advertised on the greater Internet (as I understand
that it does), and I were such an applicant, and you assigned me a block
which was in dispute -- it had been adversely taken away from someone
who believed they had rights to it -- *and they were still using it* --
then I as that new applicant would be very unhappy with ARIN, particularly
if they did not notify me that there was a conflict.

Whether I would take action against ARIN or the old holder, I dunno; IANAL.

But, in short, if ARIN ever *does* take a block back adversely, and the
holder refuses to let it go, and ARIN assigns that block to someone else...

well, things might get messy.

Cheers,
-- jra





--
Scott Helms
Vice President of Technology
ISP Alliance, Inc. DBA ZCorum
(678) 507-5000

Looking for hand-selected news, views and
tips for independent broadband providers?

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Re: And so it ends...

2011-02-03 Thread Jeffrey Lyon
On Thu, Feb 3, 2011 at 3:27 PM, Jay Ashworth j...@baylink.com wrote:
 - Original Message -
 From: John Curran jcur...@arin.net

 On Feb 3, 2011, at 3:02 PM, Jay Ashworth wrote:
 To be clear, that's not ARIN legally compelling an entity to cease using
 a specific block of address space We've never claimed that authority,
 and I'm not aware of any entity that does claim such authority to compel
 organizations to make router and system configuration changes. We do
 claim authority to manage the database as part of our organizational
 mission.

 I was insufficiently clear, I guess.

 If that database, which it is your mission to manage, purports to contain
 address blocks which an applicant can safely deploy without fear of
 conflicting routes being advertised on the greater Internet (as I understand
 that it does), and I were such an applicant, and you assigned me a block
 which was in dispute -- it had been adversely taken away from someone
 who believed they had rights to it -- *and they were still using it* --
 then I as that new applicant would be very unhappy with ARIN, particularly
 if they did not notify me that there was a conflict.

 Whether I would take action against ARIN or the old holder, I dunno; IANAL.

 But, in short, if ARIN ever *does* take a block back adversely, and the
 holder refuses to let it go, and ARIN assigns that block to someone else...

 well, things might get messy.

 Cheers,
 -- jra



On the other hand, if the community agrees to implement something like
Spamhaus' DROP list, any space that an RIR wishes to reclaim can be
added to the list to prevent routing/peering until such time that the
affected user releases their grip.

-- 
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications - AS32421
First and Leading in DDoS Protection Solutions



Re: And so it ends...

2011-02-03 Thread David Conrad
On Feb 3, 2011, at 8:59 AM, Owen DeLong wrote:
 That remains to be seen. If they give up their space, it is unclear that they 
 have any right to transfer it to another
 organization rather than return it to the successor registry. There is no 
 precedent established showing that
 this is allowed.

Right.  Like Compaq returned 16/8 when they acquired Digital (and HP returned 
16/8 when they acquired Compaq). 

 That remains to be seen. IANA has declared them the successor registries

No.  First, IANA does not exist.  The term IANA now refers to a series of 
functions currently performed under contract from the US Dept. of Commerce, 
NTIA by ICANN.  As such it can't declare anything.

Second, neither ICANN nor the USG has (to my knowledge) declared the RIRs to be 
successor registries (whatever they are).  The IPv4 registry continues to 
exist and will undoubtedly be maintained as it always has been.  The only real 
difference is that there aren't any more IPv4 /8s tagged with UNALLOCATED.

 The other thing to consider is that the RIR doesn't really need to reclaim 
 the block, per se. They can simply stop providing uniqueness to the 
 organizations that don't have a contract with them and issue those numbers to 
 some other organization that has a contract. The other organization would 
 know that their uniqueness is limited to those cooperating in the registry 
 system.
 
 Does an organization that has no contract with an RIR have a right to expect 
 that RIR to continue to provide them a unique registration?

The RIRs are self-defined geographical monopolies that provide a set of public 
infrastructure services to the Internet community at large.  It's an 
interesting question whether that service is limited to only those folks who 
pay -- my guess if the RIRs took this stance, they'd be looking down the barrel 
of numerous governmental anti-monopoly/anti-cartel agencies.

However, pragmatically speaking, the folks who matter in any of this are the 
ISPs.  The RIRs exist primarily as a means by which ISPs can avoid doing a 
myriad set of bilateral agreements as to who owns what address space to 
ensure uniqueness.  If the RIRs reduce their value by no longer providing that 
service in an effective way (e.g., by doing what you suggest), I suspect the 
ISPs would find other entities to provide global uniqueness services.

Regards,
-drc




Re: And so it ends...

2011-02-03 Thread Ernie Rubi
Um, I think that's what ARIN means when they say changing the registrant on a 
block from Entity A to Entity B means.  That's effectively 'reclaiming'.  

As I understand it, I think they also contend that the 'community' could say to 
ARIN 'take back X legacy block' and that ARIN would have no choice but to do it 
if the 'community' wished it so (via policy process, etc).

On Feb 3, 2011, at 3:28 PM, Jeffrey Lyon wrote:

 I think what John Curran is trying to say is that ARIN does not have
 the authority to reclaim any space





Re: And so it ends...

2011-02-03 Thread Jeffrey Lyon
On Thu, Feb 3, 2011 at 3:48 PM, Ernie Rubi erne...@cs.fiu.edu wrote:
 Um, I think that's what ARIN means when they say changing the registrant on a 
 block from Entity A to Entity B means.  That's effectively 'reclaiming'.

 As I understand it, I think they also contend that the 'community' could say 
 to ARIN 'take back X legacy block' and that ARIN would have no choice but to 
 do it if the 'community' wished it so (via policy process, etc).

 On Feb 3, 2011, at 3:28 PM, Jeffrey Lyon wrote:

 I think what John Curran is trying to say is that ARIN does not have
 the authority to reclaim any space





Perhaps i'm missing the point, but my interpretation is that legacy
holders are sovereign and have the same standing in the community as
the RIR's. The only way to get that space back is to ask nicely or for
operators to stop routing legacy space. I very seriously doubt that it
is within ARIN's mission to form policy that directly impacts
non-members.

-- 
Jeffrey Lyon, Leadership Team
jeffrey.l...@blacklotus.net | http://www.blacklotus.net
Black Lotus Communications - AS32421
First and Leading in DDoS Protection Solutions



Re: And so it ends...

2011-02-03 Thread Jay Ashworth
- Original Message -
 From: Scott Helms khe...@ispalliance.net

 My 2 cents, in the few cases that we've been involved with that dealt
 with reclaiming space the backbone providers have universally followed
 what is in the ARIN database. If you need a block routed they generally
 will not take action until the SWIP is complete and the same is true
 when pulling space back that had been in use. Since the major ISPs (and
 most of the minor ones as well) filter the BGP they get from customer
 they can prevent the advertisement of blocks that are disputed.

Stipulated.

But are they going to go up against someone big?

Do Lilly, DuPont and Merck need /8?  HP need a /7?

What if one of those blocks was the subject here?

Apple?

I will in turn stipulate that these events are not likely.  But they're
certainly not impossible.

Cheers,
-- jra



Re: And so it ends...

2011-02-03 Thread david raistrick

On Thu, 3 Feb 2011, Scott Helms wrote:

My 2 cents, in the few cases that we've been involved with that dealt with 
reclaiming space the backbone providers have universally followed what is in


If that legacy block holder were, well, one of the legacy block holders, 
would you as a backbone provider reject IBM or ATT or HP or Apple, etc?



--
david raistrickhttp://www.netmeister.org/news/learn2quote.html
dr...@icantclick.org http://www.expita.com/nomime.html




Re: And so it ends...

2011-02-03 Thread Ernie Rubi
I don't think that's ARIN's position (someone correct me if I'm wrong), 
especially if you mean to say they having the same 'rights' as RIRs to 
transfer/assign/lease/delegate/port those IP numbers.  Using the numbers you 
have is another thing entirely.

On Feb 3, 2011, at 3:51 PM, Jeffrey Lyon wrote:

  my interpretation is that legacy
 holders are sovereign and have the same standing in the community as
 the RIR's.





Re: And so it ends...

2011-02-03 Thread Scott Helms

David,

That certainly could have an impact, since I imagine that 
corporations that large are purchasing nice big (expensive) 
connections.  Having said that the cases I am familiar with were all 
dealt with at the technical level and a business rep wasn't involved.  
The BGP teams at the various providers tend to have a strong respect 
(much more so than their business leadership) for the RIRs, RFCs, and 
the various informal practices we've all dealt with that keep the 
Internet moving properly.


On 2/3/2011 3:59 PM, david raistrick wrote:

On Thu, 3 Feb 2011, Scott Helms wrote:

My 2 cents, in the few cases that we've been involved with that dealt 
with reclaiming space the backbone providers have universally 
followed what is in


If that legacy block holder were, well, one of the legacy block 
holders, would you as a backbone provider reject IBM or ATT or HP or 
Apple, etc?



--
david raistrickhttp://www.netmeister.org/news/learn2quote.html
dr...@icantclick.org http://www.expita.com/nomime.html





--
Scott Helms
Vice President of Technology
ISP Alliance, Inc. DBA ZCorum
(678) 507-5000

Looking for hand-selected news, views and
tips for independent broadband providers?

Follow us on Twitter! http://twitter.com/ZCorum





Re: And so it ends...

2011-02-03 Thread Ernie Rubi
Way off topic here...and into the legal arena:

As to the monopoly classification, do you think, at least with ARIN (since it 
is a US/Virginia corporation) that Sherman Act §2 (i.e. antitrust) principles 
could be applied to require that it relinquish some of the control over said IP 
space/database and act in a more competitive manner?  What about the other RIRs 
worldwide?  I'm not an antitrust lawyer, but there may be an issue there.

There was a paper a while back from a UMiami (Michael Froomkin) professor 
talking about ICANN and Antitrust.  http://arxiv.org/pdf/cs/0109075  - This is 
a legal paper, not an engineering paper.

I wonder if those same principles could be applied here.  

On Feb 3, 2011, at 3:42 PM, David Conrad wrote:

 On Feb 3, 2011, at 8:59 AM, Owen DeLong wrote:
 That remains to be seen. If they give up their space, it is unclear that 
 they have any right to transfer it to another
 organization rather than return it to the successor registry. There is no 
 precedent established showing that
 this is allowed.
 
 Right.  Like Compaq returned 16/8 when they acquired Digital (and HP returned 
 16/8 when they acquired Compaq). 
 
 That remains to be seen. IANA has declared them the successor registries
 
 No.  First, IANA does not exist.  The term IANA now refers to a series of 
 functions currently performed under contract from the US Dept. of Commerce, 
 NTIA by ICANN.  As such it can't declare anything.
 
 Second, neither ICANN nor the USG has (to my knowledge) declared the RIRs to 
 be successor registries (whatever they are).  The IPv4 registry continues 
 to exist and will undoubtedly be maintained as it always has been.  The only 
 real difference is that there aren't any more IPv4 /8s tagged with 
 UNALLOCATED.
 
 The other thing to consider is that the RIR doesn't really need to reclaim 
 the block, per se. They can simply stop providing uniqueness to the 
 organizations that don't have a contract with them and issue those numbers 
 to some other organization that has a contract. The other organization would 
 know that their uniqueness is limited to those cooperating in the registry 
 system.
 
 Does an organization that has no contract with an RIR have a right to expect 
 that RIR to continue to provide them a unique registration?
 
 The RIRs are self-defined geographical monopolies that provide a set of 
 public infrastructure services to the Internet community at large.  It's an 
 interesting question whether that service is limited to only those folks who 
 pay -- my guess if the RIRs took this stance, they'd be looking down the 
 barrel of numerous governmental anti-monopoly/anti-cartel agencies.
 
 However, pragmatically speaking, the folks who matter in any of this are the 
 ISPs.  The RIRs exist primarily as a means by which ISPs can avoid doing a 
 myriad set of bilateral agreements as to who owns what address space to 
 ensure uniqueness.  If the RIRs reduce their value by no longer providing 
 that service in an effective way (e.g., by doing what you suggest), I suspect 
 the ISPs would find other entities to provide global uniqueness services.
 
 Regards,
 -drc
 

Ernesto M. Rubi
Sr. Network Engineer
AMPATH/CIARA
Florida International Univ, Miami
Reply-to: erne...@cs.fiu.edu
Cell: 786-282-6783






Re: And so it ends...

2011-02-03 Thread Scott Helms

Jay,

We were talking about the legacy disbursements here at the office 
much of the day.  It would certainly be *nice* if some of the folks who 
were granted a class A back in the day would throw the unused parts back 
in the community bin.  I don't think its a good idea to try and force 
the organizations in question to do so though and I'd guess that IBM and 
the others we've mentioned all have deeper pockets for legal teams than 
ARIN or most of the backbone providers.


On 2/3/2011 3:55 PM, Jay Ashworth wrote:

- Original Message -

From: Scott Helmskhe...@ispalliance.net
My 2 cents, in the few cases that we've been involved with that dealt
with reclaiming space the backbone providers have universally followed
what is in the ARIN database. If you need a block routed they generally
will not take action until the SWIP is complete and the same is true
when pulling space back that had been in use. Since the major ISPs (and
most of the minor ones as well) filter the BGP they get from customer
they can prevent the advertisement of blocks that are disputed.

Stipulated.

But are they going to go up against someone big?

Do Lilly, DuPont and Merck need /8?  HP need a /7?

What if one of those blocks was the subject here?

Apple?

I will in turn stipulate that these events are not likely.  But they're
certainly not impossible.

Cheers,
-- jra





--
Scott Helms
Vice President of Technology
ISP Alliance, Inc. DBA ZCorum
(678) 507-5000

Looking for hand-selected news, views and
tips for independent broadband providers?

Follow us on Twitter! http://twitter.com/ZCorum





Re: And so it ends...

2011-02-03 Thread George Herbert
On Thu, Feb 3, 2011 at 1:27 PM, Jeffrey Lyon
jeffrey.l...@blacklotus.net wrote:
 Pragmatically, compelling the release of a legacy allocation to a
 major company could be difficult, however, if the ARIN community were
 to draft a resolution to reclaim the space it may have a profound
 effect on public sentiment toward those companies.

A best practice doc / resolution would be good.

It's probably most practical for them to renumber into a subset of
their existing space, collapsing down from the whole /8 into a /10 or
something longer, which would free up 75% of that space or more.  A
resolution that made that practice a best practice and that asked that
enterprises give a general utilization report to the public to give an
idea of whether they were close to being able to do that or far from
it seems harmless.

It all depends on what their internal network allocation model has
been all along.  Hopefully sane, but we can't plan on it.


-- 
-george william herbert
george.herb...@gmail.com



Re: And so it ends...

2011-02-03 Thread Brandon Butterworth
 But are they going to go up against someone big?
 
 Do Lilly, DuPont and Merck need /8?  HP need a /7?

You decide. Make a policy proposal, if enough agree the database
changes and is reflected in many ISP networks.

we route therefore you are

I imagine (ianal) they would have to sue every ISP using ARIN data, I
don't see how ARIN should be sued for changing some text in their
memmers database at the request of their members.

If the prefix concerned wasn't in use on the net I imagine
they'd have a hard time but they're probably all reading
this and thinking let's just advertise it in case someone
land grabs anyway. If there were to be good reason to do
this I imagine peopel would try a more friendly approach first.

If the space was used in, for example, China on services that
the legacy user never used and the new user never needed to contact
the legacy user they'd probably not even notice.

brandon



Re: And so it ends...

2011-02-03 Thread Valdis . Kletnieks
On Thu, 03 Feb 2011 13:39:25 PST, George Herbert said:

 It's probably most practical for them to renumber into a subset of
 their existing space, collapsing down from the whole /8 into a /10 or
 something longer, which would free up 75% of that space or more.

And they want to go to the trouble of doing that, why, exactly?

Imagine taking that to the CIO and/or budgeting people: We want to start this
$mumble-million project to renumber.  What's the first question they'll ask?
What's it mean for *our* bottom line? What's the second? Then why do we want
to spend this money?

It just ain't gonna happen till  you have good answers to those. We can spend
$mumble-million renumbering into 1/4 of the space, and then sell off the other
3/4 to various entities for an estimated $mumble-million+20%.

*Then* it will happen.



pgpPv31v0tpP9.pgp
Description: PGP signature


Re: And so it ends...

2011-02-03 Thread George Herbert
On Thu, Feb 3, 2011 at 1:52 PM,  valdis.kletni...@vt.edu wrote:
 On Thu, 03 Feb 2011 13:39:25 PST, George Herbert said:

 It's probably most practical for them to renumber into a subset of
 their existing space, collapsing down from the whole /8 into a /10 or
 something longer, which would free up 75% of that space or more.

 And they want to go to the trouble of doing that, why, exactly?

 Imagine taking that to the CIO and/or budgeting people: We want to start this
 $mumble-million project to renumber.  What's the first question they'll ask?
 What's it mean for *our* bottom line? What's the second? Then why do we 
 want
 to spend this money?

 It just ain't gonna happen till  you have good answers to those. We can spend
 $mumble-million renumbering into 1/4 of the space, and then sell off the other
 3/4 to various entities for an estimated $mumble-million+20%.

 *Then* it will happen.


Some of them won't have to renumber at all to collapse into a subset
(from what I was told).  Some are spaghetti messes.

Putting out a policy best practice that says You really should do
this, please doesn't force multi-million-dollar projects, no.  But
might prompt returns where no renumbering is required.  And can
hopefully encourage network revamps going forwards to recover space as
they go, if it's not too painful.

The alternate method - to just openly commoditize it - will also work,
but will incur significant political pushback within the community.

I don't know which path is ultimately more productive over long
timescales.  I think that a best practice asking for handbacks is at
least harmless in the nearterm.  If we need time to overcome
opposition to commoditization on our side of the fence, then that
should start now, but we can't plan for overcoming that on a
particular schedule.  Given that APNIC hits their wall in 6-7
months-ish, I don't know that we can move quickly enough, but someone
needs to start and see what happens.


-- 
-george william herbert
george.herb...@gmail.com



Re: And so it ends...

2011-02-03 Thread John Curran
On Feb 3, 2011, at 3:42 PM, David Conrad wrote:

 Second, neither ICANN nor the USG has (to my knowledge) declared the RIRs to 
 be successor registries (whatever they are).  

David - ARIN succeeded Network Solutions in 1997 in the performance of IP 
number assignment, Autonomous System number assignment, and IN-ADDR.ARPA tasks.

 However, pragmatically speaking, the folks who matter in any of this are the 
 ISPs.  The RIRs exist primarily as a means by which ISPs can avoid doing a 
 myriad set of bilateral agreements as to who owns what address space to 
 ensure uniqueness.  If the RIRs reduce their value by no longer providing 
 that service in an effective way (e.g., by doing what you suggest), I suspect 
 the ISPs would find other entities to provide global uniqueness services.

Full agreement on that point.

/John




Re: And so it ends...

2011-02-03 Thread Robert Bonomi

 Subject: Re: And so it ends...
 From: Ernie Rubi erne...@cs.fiu.edu
 Date: Thu, 3 Feb 2011 16:08:50 -0500
 To: David Conrad d...@virtualized.org
 Cc: NANOG list nanog@nanog.org

 Way off topic here...and into the legal arena:

 As to the monopoly classification, do you think, at least with ARIN 
 (since it is a US/Virginia corporation) that Sherman Act  2 (i.e. 
 antitrust) principles could be applied to require that it relinquish some 
 of the control over said IP space/database and act in a more competitive 
 manner?  

Abssolutely *NOT*.  their unique status derives from the actions of a 
contractor faithfully executing it's duties on the behalf of the U.S.
Gov't.  'Antitrust' does not apply to the Gov't, nor to those acting
on its behalf, nor to anyone operating a government-sanctioned monopoly.

  What about the other RIRs worldwide?

They're outside U.S. jurisdiction.  Sherman Acg 2  is irrelevant to their
operation.

Even _if_ they were held to be subject to U.S. jurisdiction the prior
logic would apply to them as well.

I'm not an antitrust 
 lawyer,

Obvously.  grin

 but there may be an issue there.

nope.

  No.  First, IANA does not exist.  The term IANA now refers to a 
  series of functions currently performed under contract from the US 
  Dept. of Commerce, NTIA by ICANN.  As such it can't declare anything.
 



Re: And so it ends...

2011-02-03 Thread Owen DeLong

On Feb 3, 2011, at 10:15 AM, Kevin Stange wrote:

 On 02/03/2011 11:41 AM, Jeffrey Lyon wrote:
 I'm not inclined to believe that ARIN members will collectively agree
 on anything significant, so the policy process is a lot like U.S.
 government (not a lot getting done).
 
 ARIN members don't make binding votes on individual policy actions, they
 elect the Advisory Council and Board of ARIN.  ARIN solicits policy
 proposals and takes feedback and general counts of yea and nay votes for
 those proposals before deciding whether to adopt them.
 
Those advisory votes are by the community, not the membership as well.


Owen




Re: And so it ends...

2011-02-03 Thread Benson Schliesser

On Feb 3, 2011, at 4:34 PM, Robert Bonomi wrote:

 Abssolutely *NOT*.  their unique status derives from the actions of a 
 contractor faithfully executing it's duties on the behalf of the U.S.
 Gov't.  'Antitrust' does not apply to the Gov't, nor to those acting
 on its behalf, nor to anyone operating a government-sanctioned monopoly.

Maybe that applies to ICANN.  But how does it apply to ARIN?

-Benson




Re: And so it ends...

2011-02-03 Thread Benson Schliesser

On Feb 3, 2011, at 4:29 PM, John Curran wrote:

 On Feb 3, 2011, at 3:42 PM, David Conrad wrote:
 
 Second, neither ICANN nor the USG has (to my knowledge) declared the RIRs to 
 be successor registries (whatever they are).  
 
 David - ARIN succeeded Network Solutions in 1997 in the performance of IP 
 number assignment, Autonomous System number assignment, and IN-ADDR.ARPA 
 tasks.

I succeeded my father.  That fact does not automatically grant me any authority 
of his - it has to be legally provided for (e.g. inherited per the law) if I'm 
to claim it legitimately.

Does ARIN have a privileged legal status as a result of their formation by 
NetSol, by contract with IANA or the US Govt, or otherwise?

-Benson



Re: And so it ends...

2011-02-03 Thread John Curran
On Feb 3, 2011, at 5:34 PM, Robert Bonomi wrote:
 
 Abssolutely *NOT*.  their unique status derives from the actions of a 
 contractor faithfully executing it's duties on the behalf of the U.S.
 Gov't.  'Antitrust' does not apply to the Gov't, nor to those acting
 on its behalf, nor to anyone operating a government-sanctioned monopoly.

Robert - 
 
  To be clear, ARIN was formed by the Internet operator community to 
  perform these Internet Registry functions.  While the USG acknowledged
  its formation and facilitated the transition of the performance of  
  these functions to ARIN, ARIN is not performing these duties under 
  USG contract.  I have no view on the question to which you replied,
  but want to be certain everyone has clear facts for the discussion.

FYI,
/John

John Curran
President and CEO
ARIN





Re: And so it ends...

2011-02-03 Thread Benson Schliesser

On Feb 3, 2011, at 2:22 PM, John Curran wrote:

 To be clear, that's not ARIN legally compelling an entity to cease using 
 a specific block of address space  We've never claimed that authority,
 and I'm not aware of any entity that does claim such authority to compel
 organizations to make router and system configuration changes.  We do 
 claim authority to manage the database as part of our organizational 
 mission.

I recognize the technical difference, but I don't think it's material in this 
instance.  Although I'm not a lawyer, I see a few legal hazards in the position 
you've described.  Foremost: (a) there still is potential liability in 
contributing to a harm (or crime) even if you're not the firsthand actor, and 
(b) being community-driven and following policy is not a valid legal 
defense.  ARIN is a business league that maintains a database commonly relied 
upon for establishing rights to use addresses (or ownership depending on 
your view).  ARIN may not control the networks that leverage this data, but 
there is responsibility in publishing it.  If people act in a coordinated 
manner, directly as a result of data that ARIN publishes, then ARIN would be 
hard pressed to avoid liability.

Having said that, it should be clear that I view ARIN reclaiming legacy 
addresses that aren't under contract (i.e. LRSA) as fraud, perhaps even in the 
legal sense of the word.  It might also be considered theft by some.  But 
outright reclaiming from ongoing address holders isn't a big concern of mine, 
because I doubt ARIN will go far down that path (if it goes at all).  My real 
concern is that ARIN might refuse to recognize legacy transfers, fail to update 
the Whois database, issue RPKI inappropriately, and cause real damage to live 
networks.  This would be bad for the networks that implement ARIN Whois-based 
policy, of course.  It would also be bad for ARIN if it causes legal disputes 
(and costs).

On that note, I'm going to take my discussion of policy to the PPML list.  I'd 
be interested, however, in NANOG discussion of my comments on Whois, RPKI, etc.

Cheers,
-Benson





Re: And so it ends...

2011-02-03 Thread Owen DeLong

On Feb 3, 2011, at 12:51 PM, Jeffrey Lyon wrote:

 On Thu, Feb 3, 2011 at 3:48 PM, Ernie Rubi erne...@cs.fiu.edu wrote:
 Um, I think that's what ARIN means when they say changing the registrant on 
 a block from Entity A to Entity B means.  That's effectively 'reclaiming'.
 
 As I understand it, I think they also contend that the 'community' could say 
 to ARIN 'take back X legacy block' and that ARIN would have no choice but to 
 do it if the 'community' wished it so (via policy process, etc).
 
 On Feb 3, 2011, at 3:28 PM, Jeffrey Lyon wrote:
 
 I think what John Curran is trying to say is that ARIN does not have
 the authority to reclaim any space
 
 
 
 
 
 Perhaps i'm missing the point, but my interpretation is that legacy
 holders are sovereign and have the same standing in the community as
 the RIR's. The only way to get that space back is to ask nicely or for
 operators to stop routing legacy space. I very seriously doubt that it
 is within ARIN's mission to form policy that directly impacts
 non-members.

Most ARIN policies directly impact non-members. The vast majority of
ARIN resource holders are non-members.

Owen




Re: And so it ends...

2011-02-03 Thread David Conrad
Robert,

On Feb 3, 2011, at 12:34 PM, Robert Bonomi wrote:
 Abssolutely *NOT*.  their unique status derives from the actions of a 
 contractor faithfully executing it's duties on the behalf of the U.S.
 Gov't.  'Antitrust' does not apply to the Gov't, nor to those acting
 on its behalf, nor to anyone operating a government-sanctioned monopoly.

As far as I am aware, the USG contract is with ICANN, not ARIN (see  
http://www.ntia.doc.gov/ntiahome/domainname/iana/ianacontract_081406.pdf, 
section C.2.2.1.3). 

 What about the other RIRs worldwide?
 They're outside U.S. jurisdiction.  Sherman Acg 2  is irrelevant to their
 operation.

The question was about other RIRs.  Other countries have 
anti-monopoly/anti-cartel laws.

Regards,
-drc




Re: And so it ends...

2011-02-03 Thread Suresh Ramasubramanian
If you want to follow it up there's a pretty interesting thread
ongoing in the ripe anti abuse working group

All of the traffic from 2011 (only a few posts) ..
http://ripe.net/ripe/maillists/archives/anti-abuse-wg/2011/

Start with this note here -
http://ripe.net/ripe/maillists/archives/anti-abuse-wg/2011/msg0.html
- where (a few months late) I wrote in to protest Richard Cox's being
removed as co-chair of the ripe anti abuse working group because he
made much the same points.  There was some argument that RIPE WG
co-chairs are responsible to the RIPE chair / board etc and should be
removed if they are overly critical of these, as richard admittedly
was.

Then go off far afield into various topics including whether that wg
was really operational, and then the same question you asked .. what
to do when the same entities acquiring /15s get themselves IPv6
netblocks?  There seems to be a belief (in various posts in those
threads) that v6 is so vast it just wont matter.  Not sure that I
share the belief but ..

Anyway as this is about RIPE LIRs, those interested please join the
abuse wg (link above) and chip in.

--srs

On Thu, Feb 3, 2011 at 10:02 PM, Jon Lewis jle...@lewis.org wrote:
 On Thu, 3 Feb 2011, Patrick W. Gilmore wrote:

 On Feb 3, 2011, at 10:11 AM, Jon Lewis wrote:

 The real fun's going to be over the next several years as the RIR's
 become irrelevant in the acquisition of scarce IPv4 resources...and things
 become less stable as lots of orgs rush to implement a strange new IP
 version.

 Supposedly[*] transfers between private entities are still supposed to be
 justified to the local RIRs.  (At least that's how it works in ARIN's area.)

 I was going to say this when I walked up to the mic at the IPv4 runout talk
 yesterday morning, but sat down when they said we're going to wrap this up
 now and ended up going and talking to the RIPE people about it.

 For a year or more, there have been RIPE region LIRs willing to lease
 relatively large amounts of IPv4 to anyone willing to pay.  The ones I've
 been noticing have been snowshoe spammers who get their RIPE space and
 then announce it in datacenters in the US...presumably on rented dedicated
 servers from which they send spam.

 My point being, the leasing of IP space to non-connectivity customers is
 already well established, whether it's technically permitted by the
 [ir]relevant RIRs.  I fully expect this to continue and spread. Eventually,
 holders of large legacy blocks will realize they can make good money acting
 as an LIR, leasing portions of their unused space to people who need it and
 can't get it, want it and don't qualify, etc.

 These start-up LIRs won't be bound by RIR policies, both because in some
 cases they'll be legacy space holders with no RSA with their region's RIR,
 and because they won't be worried about eligibility for future RIR
 allocations of v4 space...because there won't be any.

 --
  Jon Lewis, MCP :)           |  I route
  Senior Network Engineer     |  therefore you are
  Atlantic Net                |
 _ http://www.lewis.org/~jlewis/pgp for PGP public key_





-- 
Suresh Ramasubramanian (ops.li...@gmail.com)



Re: And so it ends...

2011-02-03 Thread Robert Bonomi

 Subject: Re: And so it ends...
 From: David Conrad d...@virtualized.org
 Date: Thu, 3 Feb 2011 15:42:01 -1000
 Cc: NANOG list nanog@nanog.org
 To: Robert Bonomi bon...@mail.r-bonomi.com

 Robert,

 On Feb 3, 2011, at 12:34 PM, Robert Bonomi wrote:
  Abssolutely *NOT*.  their unique status derives from the actions of a 
  contractor faithfully executing it's duties on the behalf of the U.S. 
  Gov't.  'Antitrust' does not apply to the Gov't, nor to those acting on 
  its behalf, nor to anyone operating a government-sanctioned monopoly.

 As far as I am aware, the USG contract is with ICANN, not ARIN (see  
 http://www.ntia.doc.gov/ntiahome/domainname/iana/ianacontract_081406.pdf, 
 section C.2.2.1.3).

Correct.  _They_ can can delegate as they see fit, with no requirement
to provide competing alternatives.  ARIN, the delegatee, is not the 
'monopolist' -- the party controlling the situation -- they are just a
delagatee of the party who has the monopoly position.  Any action to
enforce competition would be against the monopolist -- the authority
who _delegates_ operations, ICANN.  Which doesn't fly for the reasons
stated.

Basically, you cannot force a RIR to share with others that which they get
from somebody else.  To enforce competition, you would have to force the
party who 'controls' the distribution to also provide the thing to the
aforeentioned 'somebody else' (singular or plural).  Which one cannot 
do under Sherman, when that party is a government actor.


  What about the other RIRs worldwide?
  They're outside U.S. jurisdiction.  Sherman Acg 2  is irrelevant to 
  their operation.

 The question was about other RIRs.  Other countries have 
 anti-monopoly/anti-cartel laws.

Irrelevant and immateral to the operation of ICANN.  grin


ICANN controls everything, under the auspices of the U.S.G.  They have
issued 'territory-protected franchises' to a limited number of parties.

You cannot force the frachisee to 'share' their franchise.  You have to go
after the franchisor, and force -them- to issue competing franchises.

Nothing prevents anyone in the 'territory' of one franchisee from attempting
to do business with a diffrent franchisee.  

*IF* the franchisees agree among themselves not to deal with anyone that is
not within the limits of their protected territory, _that_ could be a 
proscribed anti-competitive practice *by*the*franchisee*.

IF, on the other hand, the 'grant of franchise' allows them to 'sell' only
to parties in the defined territory, a refusal to deal with an extra-
territorial party is -not- an anti-competitive act by the franchisee.
In this situation, one would have to act against the franchisor.  Who is
exempt as a governent actor.



 Regards,
 -drc





Re: And so it ends...

2011-02-03 Thread Jimmy Hess
On Thu, Feb 3, 2011 at 1:34 PM, Jay Ashworth j...@baylink.com wrote:
 I strongly suspect that his question is actually Does ARIN have any
 enforceable legal authority to compel an entity to cease using a
 specific block of address space, absent a contract?

ARIN has about as much to do with legally compelling an entity (who
has signed no contract with ARIN) to stop using a block of IP address
space,  as a DNSBL  has to do with  compelling some random spammer to
stop attempting to send spam.

What keeps people using only IPs they were allocated by a registry are network
policies of cooperating networks who are independent of ARIN  (aside
from possibly
receiving an assignment of their own from ARIN). The RIRs and IANA have not been
shown to have any  legally enforceable authority of their own to stop
an IP network
from using IPs not assigned by the registry,  or to prevent someone
from starting
to use IPs already assigned by the RIR  to someone else.

If you need examples; look at all the unofficial usage of 1.0.0.0/8
and 5.0.0.0/8
in private networks,  that the RIRs did not attempt to compel anyone to stop.

ARIN does not appear to directly legally compel any entity to cease
using any specific
block of address space.  Neither is any other RIR in the business of
'enforcing'
that only a  registrant uses the IPs, nor does the registry detect if
a wrong entity is
using the IPs.

Neither does any internet registry  promise that allocations can be
routed on the public internet.

You can ignore the RIRs and use whatever IP addresses you want, at
your own peril.
That peril is not created by any RIR, however;   the peril  is the
community response,
and response by other organizations you rely on for connectivity.


Neither does any internet registry promise that allocations will be
unique on the public internet.
A competing (non-cooperating) registry could have made a conflicting assignment.
The RIRs can only make promises about uniqueness within their own
allocations, and
that they made the allocations within address space they were delegated by other
registries  according to  their policies.


The only thing a registration tells you the registrant is this
particular registry administers a
database containing that block of IPs,  and  you are the only
organization currently assigned
that IP space _by that  registry_.

If you as a network operator do not cooperate with IANA,  then,
perhaps you create
your own registry, and just use whatever IP addresses you want.
However, other networks may refuse to interconnect with you due to
their policies determining that to be improper addressing.



It is not as if ARIN has a policy of looking for hijacked/unofficial
announcements of address
space and dispatching an army of lawyers with 'cease and decist' letters.

Instead,  what happens is members of the internet community
investigate IP space
and AS numbers before turning up new interconnections,  and decide on their own,
which blocks to route,  based on peering network's request. Internet connected
 networks will  find the entry in the IANA database
for  the /8  the requested prefix resides in, find delegation to ARIN,  look
in the ARIN  WHOIS  database,   and then make a decision to route the
blocks or not.

The new peer might be required to show correct current registry
delegation of the block, authorization from the
contact listed in the database,  OR  merely sign a promise that they
will only originate prefixes assigned to them
through IANA or a RIR recognized by IANA,  BUTthe registry operator,
ARIN itself  is not the entity that  imposes any specific requirement.


If IP address space is legacy and not properly kept up to date in the
registry under current RIR policies,
then  some community members might choose to reject or disallow their use
by a peer,   based on their own internal routing policies.



Also,  many members of the community  rely on the ICANN delegated DNS
root for all DNS
lookups. the  .ARPA  TLD  servers refer to ARIN  for  Reverse DNS;
which is important for adequate SMTP operation,
in many mail environments,   lack of proper reverse DNS can lead to
mail being rejected.

If IP address spaces appear to be used by a person other than the registrant,
the listed registrant might submit complaints to ISPs  in order to act according
to their network's  routing policies;  if  their policy is to recognize ARIN's
listings as the authoritative ones,   they might even turn off  prior
users of the IP addresses.


There is the RPKI pilot.In the future,  members of the community
may authenticate
resource assignment through resource certification according to the
policies of the
accepted registry, through cryptographic methods.

That would certainly give ICANN,  IANA, and the RIRs  stronger
technical enforcement powers.
It's even conceivable this could be used in the future to  Revoke
such and such evil
outside country network's  Resource certificates   (so they will be
forcibly disconnected)


But it's