Fernando -

You state "reading the ICP-2 it doesn't make sense the idea that Board could 
make and adopt policies by itself without involvement of the community.”   I 
will not reiterate all my previous comments regarding whether ICP-2 is germane 
in any matter, but will again remind you that compliance with ARIN’s legal 
obligations as a membership organization are the foremost consideration here, 
and those obligations vest ultimate authority for the organization with the 
member-elected ARIN Board of Trustees.

Also, to be clear, the current provisions in the ARIN PDP _do provide for 
community involvement_ after emergency policy adoption or suspension.  It would 
take changes to the ARIN PDP for policy changes to be done absent such 
community involvement.

If you’re suggesting that some future change to ARIN’s PDP that excluded the 
community from involvement in emergency policy changes could conflict the 
"ICP-2: Criteria for Establishment of New Regional Internet Registries” 
document, that is of course true – and could be the case for any RIR depending 
how it changed its respective policy development process.   As ARIN is not 
proposing changes to its PDP at this time, the point is rather moot – the topic 
has only arisen because of your previous errant assertions regarding authority 
in the ARIN region.

Thanks!
/John

John Curran
President and CEO
American Registry for Internet Numbers


On 17 Jan 2021, at 9:53 AM, Fernando Frediani 
<[email protected]<mailto:[email protected]>> wrote:


Hello Michael

I don't agree with John's view that if Board would decide to do this it would 
still make ARIN compatible with ICANN's ICP-2 specially Section 3 simply 
because Board represents only members not the community and having a body 
elected only by the members which is one of the interested parties in the 
process excluding community then.
Regarding ARIN's bylaws Section 2 that mentions "transparent multi-stakeholder 
process" it will depend how it is interpreted who are the stakeholders and if 
that includes community as well.

John - thanks for engaging in this discussion and bringing your view, but 
knowing how the RIR ecosystem and other RIRs work in that sense, reading the 
ICP-2 it doesn't make sense the idea that Board could make and adopt policies 
by itself without involvement of the community. If in ARIN that can be 
considered legal, if it would ever start happening that could bring up doubts 
of about compatibility with ICP-2 in the sense I mentioned above. There are 
reasons community can never be excluded from policy making process (even in 
emergency situations), otherwise policies multi-stakeholder directed to benefit 
only as subset of Internet participants in the region.

Regards
Fernando

On 17/01/2021 09:48, Michael B. Williams wrote:
Hi John,

Just to be clear though my understanding is that despite the PDP being in place 
and the board principally following the process, there is no requirement to do 
so. The board could decide for any reason to implement or change a policy even 
if it was not an emergency situation or warrant an urgent need. I just think 
this needs to be made clear to the community that the PDP is a process used to 
help inform the boards decision making and is non-binding. While the board 
generally adheres to the recommendations they are able to institute any policy, 
reject any policy, or decide that today they did not feel like using the PDP 
simply because they did not want to.

Regards,

Michael

On Sun, Jan 17, 2021 at 23:33 John Curran 
<[email protected]<mailto:[email protected]>> wrote:
On 17 Jan 2021, at 4:16 AM, Michael B. Williams 
<[email protected]<mailto:[email protected]>> wrote:
>
> Fernando -
>
> I don’t believe this is correct. The board, from my reading, is able to make 
> and adopt without any other input or approval from anyone else any policy 
> they deem appropriate fair and fit for internet number and resource 
> allocation.
>
> John Curran - please correct me if I’m wrong here but the board could make 
> and adopt policies without any community input or consideration if it so 
> desired. Just because the board chooses to, as a general matter of principle, 
> does not make this binding

Michael -

You are correct - the ARIN Board can make (or suspend) policy without any input 
or approval if need be, but the Board has adopted the ARIN Policy Development 
Process that reserves such acts for emergency situations.   Accountability to 
the ARIN community is maintained via the ARIN members collective power to elect 
and remove Board members.

Best wishes,
/John

John Curran
President and CEO
American Registry for Internet Numbers


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