Hi David
I am not against it has, but it does because the authority given to them
for that come from this forum (for the revocation part not the fee
structure).
4.2.1.2 makes it very clear and doesn't go into any operational details
and this proposal is willing to remove it.
Fernando
On 16/01/2021 20:42, David Farmer wrote:
The Board has the power to set fees, which includes at least the power
to revoke resources for nonpayment. If it did not, the power to set
fees would be meaningless.
Thanks
On Sat, Jan 16, 2021 at 5:29 PM Fernando Frediani
<[email protected] <mailto:[email protected]>> wrote:
John, let's make it simple: The Board has no power to *make and
adopt policies* concerning resources allocation without passing in
this forum. Look: make policies not just adopt them !
Yes we all understand it has the ultimate authority to adopt all
ARIN's policies, but it *cannot make and adopt any policies by
itself*. That is a sole prerogative from this forum to initiate,
discuss and agree on it to *then* pass it to them for approval.
Therefore Board has no power to determine the conditions for
resources to be allocated or revoked. This forum does and why I am
of that the current text is fine to remain as it is as it is not
causing any trouble and doesn't go into any operational details.
The text in the proposal doesn't refer to how fees are structured,
but only mentions that lack of payment is a reason for revocation
(again a sole prerogative of this forum to define not the Board).
In other words the authority for ARIN to revoke resources always
comes from this forum.
As a suggestion to this proposal why not make more clear and
something similar to what LACNIC has which mentions that
violations to the contract leads to revocation ?
Fernando
On 16/01/2021 19:30, John Curran wrote:
On 16 Jan 2021, at 3:39 PM, Fernando Frediani
<[email protected] <mailto:[email protected]>> wrote:
Exactly John, that's why the Board of Trustees or equivalent
body has to approve policies that advances from this forum, to
make sure they are in line with the applicable law, operational
impacts, etc. But the Board has not power to make policies or
define rules for allocation of revocation.
Fernando -
That is also incorrect in the ARIN region (“But the Board has not
power to make policies or define rules for allocation of
revocation.”) The ARIN Board of Trustees has the full authority
of the organization, having been elected by the membership - this
includes the ultimate authority to adopt all of ARIN’s number
resource policies. In its deep wisdom, the ARIN Board of
Trustees adopted a Policy Development Process that delegates and
constrains its role in the normal course of policy development,
but that does not change the underlying authority to define the
policies by which ARIN operates.
More important to highlight is that any policies regarding
allocation of revocation come exclusively from this forum. If
this forum defines lack of payment is one of that reasons for
revocation of resources and Board approves it according to the
PDP, then the Board is free to adjust the RSA and whatever
procedures necessary to make it happen.
Again, that is not the case in the ARIN region, and it might be
best if you refrain from make assertions regarding the
functioning of authority in the ARIN region without further
research. Note - I am also available at any time if you wish to
discuss specifics of ARIN authority and operation - feel free to
reach out to me to arrange if needed.
What I am saying with is that it is in its prerogatives for this
forum to keep in the policy text that lack of payment is a
reason for revocation. There is not reason to remove what is in
there, it will not cause any harm or conflict to whatever the
Board decides the RSA will be.
The policy writeup notes "The AC’s understanding is that
community policy should not include language referring to fees,
as such language is already present in the Registration
Services Agreement (RSA)” – this statement is accurate, which
suggests that the proposed change to policy text is well-considered.
Thanks,
/John
John Curran
President and CEO
American Registry for Internet Numbers
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