I use my addresses globally and will continue to do so as needed. I've never needed a policy to tell me I can or can't.
Why can't ARIN just confirm that they're a business and be done with it? Isn't this what we pay them for? GOTO 10 Not in favor. Best, -M< On Wed, Sep 9, 2015 at 9:38 AM, ARIN <[email protected]> wrote: > ARIN-2015-5 has been revised. > > You are encouraged to discuss the merits and your concerns of Draft > Policy 2015-5 on the Public Policy Mailing List. > > The AC will evaluate the discussion in order to assess the conformance > of this draft policy with ARIN's Principles of Internet Number Resource > Policy as stated in the PDP. Specifically, these principles are: > > * Enabling Fair and Impartial Number Resource Administration > * Technically Sound > * Supported by the Community > > ARIN-2015-5 is below and can be found at: > https://www.arin.net/policy/proposals/2015_5.html > > Regards, > > Communications and Member Services > American Registry for Internet Numbers (ARIN) > > > ## * ## > > > Draft Policy ARIN-2015-5 > Out of region use > > Date: 9 September 2015 > > Problem statement: > > Current policy neither clearly forbids nor clearly permits out of region > use of ARIN registered resources. This has created confusion and > controversy within the ARIN community for some time. Earlier work on this > issue has explored several options to restrict or otherwise limit out of > region use. None of these options have gained consensus within the > community. The next logical option is a proposal that clearly permits out > of region use while addressing the key concerns expressed about unlimited > openness to out of region use and enables ARIN staff to implement the > policy efficiently. > > Policy statement: > > Create new Section X: ARIN registered resources may be used outside the > ARIN service region. > > Out of region use of ARIN registered resources are valid justification for > additional number resources, provided that the applicant has a real and > substantial connection with the ARIN region which applicant must prove (as > described below) and is using the same type of resources (with a delegation > lineage back to an ARIN allocation or assignment) within the ARIN service > region as follows: > > * IPv4: At least a /22 used in region > * IPv6: At least a /44 used in region > * ASN: At least one ASN present on one or more peering sessions and/or > routers within the region. > > A real and substantial connection shall be defined as carrying on business > in the ARIN region in a meaningful manner, whether for or not for profit. > The determination as to whether an entity is carrying on business in the > ARIN region in a meaningful manner shall be made by ARIN. Simply being > incorporated in the ARIN region shall not be sufficient, on its own, to > prove that an entity is carrying on business in the ARIN region in a > meaningful manner. Methods that entities may consider using, including > cumulatively, to prove that they are carrying on business in the ARIN > region in a meaningful manner include: > * Demonstrating a physical presence in the ARIN region through a bricks > and mortar location that is actually used for the purposes of conducting > business in the ARIN region in a meaningful manner. That is to say, the > location is not merely a registered office that serves no other business > purpose. > * Demonstrating that the entity has staff in the ARIN region. The greater > the number of staff, the stronger this connecting factor is. > * Demonstrating that the entity holds assets in the ARIN region. The > greater the asset value, the stronger this connecting factor is. > * Demonstrating that the entity provides services to or solicits sales > from residents of the ARIN region. > * Demonstrating that the entity holds annual meetings in the ARIN region. > * Demonstrating that the entity raises investment capital from investors > in the ARIN region. > * Demonstrating that the entity has a registered office in the ARIN > region, although this factor on its own shall not be sufficient. > * Any other method that the entity considers appropriate. > The weight accorded to any of the above-noted factors, if any, shall be > determined solely by ARIN. > > The services and facilities used to justify the need for ARIN resources > that will be used out of region cannot also be used to justify resource > requests from another RIR. When a request for resources from ARIN is > justified by need located within another RIR's service region, an officer > of the application must attest that the same services and facilities have > not been used as the basis for a resource request in the other region(s). > ARIN reserves the right to request a listing of all the applicant's number > holdings in the region(s) of proposed use, but this should happen only when > there are significant reasons to suspect duplicate requests. > > Comments: > > a) Timetable for implementation: Various iterations of this policy have > been presented and debated by ARIN for well over a year now. Given the > amount of time that has already been spent on developing a policy, ideally, > this policy would be implemented as soon as possible. > b) Explanation of draft policy: The draft policy addresses both the > problem statement as well as the concerns raised at ARIN 35 by participants > as well as ARIN counsel. > Firstly, the draft policy addresses the concerns of ARIN counsel as well > as some of the participants at ARIN 35 by ensuring that anyone requesting > numbered resources from ARIN has a real and substantial connection with the > ARIN region. This should go a long way to addressing concerns about fraud, > legal liability, and interference with the jurisdiction of other RIRs. > In addition, by placing the burden of proof for demonstrating a real and > substantial connection with the ARIN region on the applicant, the amount of > work required of ARIN staff to apply the policy will be reduced. > The factors noted above are suggestions that an entity may use to > demonstrate to ARIN that it is carrying on business in the ARIN region in a > meaningful manner. These factors are all indicative, some more than others, > that an entity has a real and substantial connection to the ARIN region > through the carrying on of business in the ARIN region in a meaningful > manner. Not all of the factors will apply in a given case and proving a > single factor may not be enough to satisfy ARIN that an entity is carrying > on business in the region in a meaningful manner. The list of factors is > meant to be quite broad, including an open-ended factor, in order to > capture the diversity of businesses that operate in the ARIN region and > that may justifiably require numbered resources from ARIN. This approach is > very similar to the practical method that courts typically apply to assess > whether parties have a sufficient connection to a jurisdiction so as to > require them to submit themselves to the courts of that jurisdiction. > > This draft policy is a substantial improvement over the previous version > of ARIN-2014-1 in terms of reducing the overall risk to the community by > requiring a real and substantial connection between an entity requesting > resources and the ARIN region. > > ##### > > ARIN STAFF & LEGAL ASSESSMENT > > Draft Policy ARIN-2015-5 > OUT OF REGION USE > https://www.arin.net/policy/proposals/2015_5.html > > Date of Assessment: 18 August 2015 > > ___ > 1. Summary (Staff Understanding) > > This proposal would allow an organization to receive Internet number > resources from ARIN for use out of region as long as the applicant is > currently using at least the equivalent of a /22 of IPv4, /44 of IPv6, or 1 > ASN within the ARIN service region, respectively. In addition, the > applicant must have a real and substantial connection with the ARIN region, > which the applicant shall be responsible for proving. > > ___ > 2. Comments > > A. ARIN Staff Comments > > This policy would increase the complexity of ARIN staff review work in > request cases that fit the profile of this policy. There would in an > increase in the vetting and utilization verification work currently > conducted by ARIN staff. > > There are conflicting instructions to ARIN staff in this policy text. > Specifically, the text says, "The determination as to whether an entity is > carrying on business in the ARIN region in a meaningful manner shall be > made by ARIN." Then at the end of the examples given, the text states, "Any > other method that the entity considers appropriate." This implies that ARIN > staff may have to accept anything presented by an organization as a method > of proving a "real and substantial connection with the ARIN region." > > It is not clear if the utilized /22, /44 or AS Number are required to have > been issued by ARIN or is it allowable to be from another RIR. > > This policy would be placed in the NRPM as section 9, "Out of Region Use". > > B. ARIN General Counsel – Legal Assessment > > If the policy is enacted it will require ARIN staff to work with counsel > with some attendant increase in costs in the first year to manage > implementation. The policy is consistent with standard legal principles > routinely utilized in the ARIN region. The policy creates no material legal > risks. > > ___ > 3. Resource Impact > This policy could have a major resource impact from an implementation > aspect. It is estimated that implementation would occur within 12 months > after ratification by the ARIN Board of Trustees. The following would be > needed in order to implement: > > * Updated guidelines and internal procedures > * Staff training > * Engineering: Engineering efforts to handle out of region business rules > may besubstantial as our system only supports ascii now. If there is a need > for unicode character sets, then there is a substantial amount of work > required to upgrade the DB and applications to support unicode. > Additionally, we would need to discuss how to display unicode characters in > port 43 whois. There may be additional tools needed by RSD staff to measure > in region/out of region use. > > ___ > 4. Proposal / Draft Policy Text Assessed > > Draft Policy ARIN-2015-5 > > Date: 23 June 2015 > > Problem statement: > Current policy neither clearly forbids nor clearly permits out or region > use of ARIN registered resources. This has created confusion and > controversy within the ARIN community for some time. Earlier work on this > issue has explored several options to restrict or otherwise limit out of > region use. None of these options have gained consensus within the > community. The next logical option is a proposal that clearly permits out > of region use while addressing the key concerns expressed about unlimited > openness to out of region use and enables ARIN staff to implement the > policy efficiently. > > Policy statement: > Create new Section X: > ARIN registered resources may be used outside the ARIN service region. Out > of region use of IPv4, IPv6, or ASNs are valid justification for additional > number resources if the applicant is currently using at least the > equivalent of a /22 of IPv4, /44 of IPv6, or 1 ASN within the ARIN service > region, respectively. In addition, the applicant must have a real and > substantial connection with the ARIN region, which the applicant shall be > responsible for proving. > A real and substantial connection shall be defined as carrying on business > in the ARIN region in a meaningful manner, whether for or not for profit. > The determination as to whether an entity is carrying on business in the > ARIN region in a meaningful manner shall be made by ARIN. Simply being > incorporated in the ARIN region shall not be sufficient, on its own, to > prove that an entity is carrying on business in the ARIN region in a > meaningful manner. Methods that entities may consider using, including > cumulatively, to prove that they are carrying on business in the ARIN > region in a meaningful manner include: > * Demonstrating a physical presence in the ARIN region through a bricks > and mortar location that is actually used for the purposes of conducting > business in the ARIN region in a meaningful manner. That is to say, the > location is not merely a registered office that serves no other business > purpose. > * Demonstrating that the entity has staff in the ARIN region. The greater > the number of staff, the stronger this connecting factor is. > * Demonstrating that the entity holds assets in the ARIN region. The > greater the asset value, the stronger this connecting factor is. > * Demonstrating that the entity provides services to or solicits sales > from residents of the ARIN region. > * Demonstrating that the entity holds annual meetings in the ARIN region. > * Demonstrating that the entity raises investment capital from investors > in the ARIN region. > * Demonstrating that the entity has a registered office in the ARIN > region, although this factor on its own shall not be sufficient. > * Any other method that the entity considers appropriate. > The services and facilities used to justify the need for ARIN resources > that will be used out of region cannot also be used to justify resource > requests from another RIR. When a request for resources from ARIN is > justified by need located within another RIR's service region, the officer > of the applicant must attest that the same services and facilities have not > been used as the basis for a resource request in the other region(s). ARIN > reserves the right to request a listing of all the applicant's number > holdings in the region(s) of proposed use, but this should happen only when > there are significant reasons to suspect duplicate requests. > > Comments: > a) Timetable for implementation: Various iterations of this policy have > been presented and debated by ARIN for well over a year now. Given the > amount of time that has already been spent on developing a policy, ideally, > this policy would be implemented as soon as possible. > b) Explanation of draft policy: The draft policy addresses both the > problem statement as well as the concerns raised at ARIN 35 by participants > as well as ARIN counsel. > Firstly, the draft policy addresses the concerns of ARIN counsel as well > as some of the participants at ARIN 35 by ensuring that anyone requesting > numbered resources from ARIN has a real and substantial connection with the > ARIN region. This should go a long way to addressing concerns about fraud, > legal liability, and interference with the jurisdiction of other RIRs. > In addition, by placing the burden of proof for demonstrating a real and > substantial connection with the ARIN region on the applicant, the amount of > work required of ARIN staff to apply the policy will be reduced. > The factors noted above are suggestions that an entity may use to > demonstrate to ARIN that it is carrying on business in the ARIN region in a > meaningful manner. These factors are all indicative, some more than others, > that an entity has a real and substantial connection to the ARIN region > through the carrying on of business in the ARIN region in a meaningful > manner. Not all of the factors will apply in a given case and proving a > single factor may not be enough to satisfy ARIN that an entity is carrying > on business in the region in a meaningful manner. The list of factors is > meant to be quite broad, including an open-ended factor, in order to > capture the diversity of businesses that operate in the ARIN region and > that may justifiably require numbered resources from ARIN. This approach is > very similar to the practical method that courts typically apply to assess > whether parties have a sufficient connection to a jurisdiction so as to > require them to submit themselves to the courts of that jurisdiction. > This draft policy is a substantial improvement over the previous version > of ARIN-2014-1 in terms of reducing the overall risk to the community by > requiring a real and substantial connection between an entity requesting > resources and the ARIN region. > _______________________________________________ > PPML > You are receiving this message because you are subscribed to > the ARIN Public Policy Mailing List ([email protected]). > Unsubscribe or manage your mailing list subscription at: > http://lists.arin.net/mailman/listinfo/arin-ppml > Please contact [email protected] if you experience any issues.
_______________________________________________ PPML You are receiving this message because you are subscribed to the ARIN Public Policy Mailing List ([email protected]). Unsubscribe or manage your mailing list subscription at: http://lists.arin.net/mailman/listinfo/arin-ppml Please contact [email protected] if you experience any issues.
