I am for this policy.

Robert Clarke
Mobile: +1 (206) 350-9699

> On Jun 20, 2019, at 9:27 AM, Alyssa Moore <[email protected]> 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]> wrote:
>> 
>> 
>>> On Sun, Jun 16, 2019 at 2:50 PM Mueller, Milton L <[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]
>> 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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