I support this policy: I think that text being removed has reached the end of its useful life, and keeping it in place will do more harm than good in the future.
Scott > On Mar 21, 2017, at 10:31 AM, ARIN <[email protected]> wrote: > > On 16 March 2017, the ARIN Advisory Council (AC) advanced the following Draft > Policy to Recommended Draft Policy status: > > ARIN-2016-9: Streamline Merger & Acquisition Transfers > > The text of the Recommended Draft Policy is below, and may also be found at: > > https://www.arin.net/policy/proposals/2016_9.html > > You are encouraged to discuss all Recommended Draft Policies on PPML > prior to their presentation at the next ARIN Public Policy Consultation > (PPC). PPML and PPC discussions are invaluable to the AC when > determining community consensus. > > The PDP can be found at: > https://www.arin.net/policy/pdp.html > > Draft Policies and Proposals under discussion can be found at: > https://www.arin.net/policy/proposals/index.html > > Regards, > > Communications and Member Services > American Registry for Internet Numbers (ARIN) > > > > Recommended Draft Policy ARIN-2016-9: Streamline Merger & Acquisition > Transfers > > Date: 21 March 2017 > > AC assessment of conformance with the Principles of Internet Number > Resource Policy: > > The proposal is technically sound and enables fair and impartial number > policy by ensuring that new organizations involved in mergers and > acquisitions may conduct such activities with a reduced procedural burden > from ARIN. The staff and legal review noted three issues, all of which have > been addressed. There is support for the proposal on PPML and concerns that > have been raised by the community regarding the proposal on PPML or elsewhere > have also been addressed. > > Problem Statement: > > In some 8.2 transfer situations, the current policy has the unwanted side > effect of encouraging organizations not to update registration data, thus > leaving the number resource in the name of a now defunct entity. > > It is not uncommon for an entity which has bought another entity (with > existing number resources) to leave Organizational data (Whois) in the name > of the acquired company. The requirements in Section 8.2 put a justification > burden on the acquiring organization, which was a legitimate protection while > free pool assignments were available. It is worth revisiting Section 8.2 and > looking for opportunities to simplify the policy in the interest of improving > the registry data. > > Consider the following: > > 1. In the case where both organizations (acquirer, acquired) have justified > their existing number resources from an issuer (e.g. SRI-NIC, GSI, ARIN) > under the policies that were in force at the time of issuance, the number > resources have already been justified once. > > 2. ARIN does not customarily require organizations holding address space to > document utilization except when they are asking ARIN to issue more space. > > 3. Section 8.2 M&A is not asking ARIN to issue more space or provide > authorization to acquire space in an 8.3 transfer. It is simply updating > ARIN's database to reflect the current reality, that control of a company has > changed. > > Language that speaks of required return or transfer of space is of > questionable enforceability in the context of the current RSA (section 6, > "ARIN has no right to revoke any Included Number Resources under this > Agreement due to lack of utilization by Holder"). > > Clauses that serve to scare organizations away from updating their > information are counter to the goal of maintaining good data in Whois. > Policy should allow ARIN staff to concentrate finite resources on > ascertaining chain of custody so as to minimize the chance of fraudulent > transfers rather than auditing space already issued. > > Policy statement: > > Delete the bullet point in NRPM 8.2 that reads: > > For mergers and acquisition transfers, the recipient entity must provide > evidence that they have acquired assets that use the resources to be > transferred from the current registrant. ARIN will maintain an up-to-date > list of acceptable types of documentation. > > Add this statement to list of conditions for clarity: > > "The Internet number resources being transferred as part of an 8.2 transfer > will not be subject to an additional needs-based assessment during the > process of the 8.2 transfer." > > Add this conditional to the bottom of 8.2 for linguistic clarity: > > "AND one or more of the following: > > The recipient must provide evidence that they have acquired the assets that > use the resources to be transferred from the current registrant. > > OR > > The recipient must show that they have acquired the entire entity which is > the current registrant." > > Remove the following paragraph from Section 8.2 of the NRPM: > > ARIN will proceed with processing transfer requests even if the number > resources of the combined organizations exceed what can be justified under > current ARIN transfer policy as defined in section 8.5. In that event, ARIN > will work with the resource holder(s) to transfer the extra number resources > to other organization(s) or accept a voluntary return of the extra number > resources to ARIN. > > These four changes will leave Section 8.2 looking like this: > > 8.2. Mergers and Acquisitions > > ARIN will consider requests for the transfer of number resources in the case > of mergers, acquisitions, and reorganizations under the following conditions: > > The current registrant must not be involved in any dispute as to the status > of the resources to be transferred. > > The new entity must sign an RSA covering all resources to be transferred. > > The resources to be transferred will be subject to ARIN policies. > > The minimum transfer size is the smaller of the original allocation size or > the applicable minimum allocation size in current policy. > > The Internet number resources being transferred as part of an 8.2 transfer > will not be subject to an additional needs-based assessment during the > process of the 8.2 transfer. > > AND one or more of the following: > > The recipient must provide evidence that they have acquired the assets that > use the resources to be transferred from the current registrant. > > OR > > The recipient must show that they have acquired the entire entity which is > the current registrant. > > Comments: > > Timetable for implementation: Immediate > _______________________________________________ > 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]). 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