Oppose
On 6/20/2019 12:27 PM, Alyssa Moore wrote:
Hi folks,
Trying to do a temperature check here. If you're following this
thread, please indicate whether you support or oppose this draft policy.
On Mon, Jun 17, 2019 at 11:42 AM David Farmer <[email protected]
<mailto:[email protected]>> wrote:
On Sun, Jun 16, 2019 at 2:50 PM Mueller, Milton L
<[email protected] <mailto:[email protected]>> wrote:
OK, I’ve read it, and here is my reaction:
This policy requires legal comment. ARIN’s Articles and
Bylaws do not specifically prohibit ARIN from monetizing
returned or revoked resources by selling those resources
into the transfer market
So point #1 is that this proposed policy does not violate
any articles or bylaws.
Today, ARIN does not financially benefit in any material
way from such revocations. Adoption of this policy would
for the first time allow the party in a contested
revocation situation to argue that ARIN seeks to
financially benefit. Avoiding that concern is also
significant.
I am totally unimpressed with this argument. If ARIN revokes
addresses for nonpayment it is financially benefiting from the
revocation is it not? It is basically taking them back because
it is not getting paid.
If ARIN “gets paid” by selling the numbers into the transfer
market what is the difference exactly?
Referring to the waiting list policy, the Draft Policy says, "this
policy provides valuable number resources essentially for free".
Yes, ARIN currently financially benefits, but currently, that
benefit is at a level of cost recovery, "essentially for free" as
stated above. Whereas, if ARIN were to dispose of resources using
the market, the level of financial benefit is likely to be orders
of magnitude larger. Furthermore, if this wasn't the case, then
the impact on the market and the potential for fraud supposedly
created by the waiting list, that the draft policy proposes to
mitigate, wouldn't exist in the first place.
In short, "what is the difference", probably, several orders of
magnitude in the level of financial benefit involved. Where the
financial motivations from simple "cost recovery" can probably be
summarily dismissed by the court. Whereas the potential financial
motivations, that one might even call a windfall, from
market-based transactions probably at least needs to be examined
and evaluated by the court, and probably wouldn't be summarily
dismissed. The outcome of the two situations might be the same in
the end, but the level of effort involved defending and the level
of risk of an adverse ruling, are not the same at all.
More generally, ARIN participating in the market seems distasteful
and counter to its overall mission, but doesn't directly violate
its Articles and Bylaws.
That said that doesn't mean ARIN can't implement the policy, but
these risks need to be evaluated when compared to other
alternatives being considered, along with the possible benefits
this policy could have as well.
--
===============================================
David Farmer Email:[email protected] <mailto:email%[email protected]>
Networking & Telecommunication Services
Office of Information Technology
University of Minnesota
2218 University Ave SE Phone: 612-626-0815
Minneapolis, MN 55414-3029 Cell: 612-812-9952
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--
John Santos
Evans Griffiths & Hart, Inc.
781-861-0670 ext 539
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