However I see policies getting made that cause a great conflict of Interest. 


From: "John Curran" <[email protected]> 
To: "Owen DeLong" <[email protected]> 
Cc: "arin-ppml" <[email protected]> 
Sent: Thursday, September 23, 2021 6:13:11 AM 
Subject: Re: [arin-ppml] Proposal to ban Leasing of IP Addresses in the ARIN 
region 

Owen - 




I do not decide the US antitrust laws, but rather find that I simply must be 
aware of them and attend to their obligations in the operation of ARIN. 

Do NOT engage in discussion of customer terms/conditions/pricing. 

If you wish to engage in discussion of registry policy requirements and 
cooperation obligations that you all wish to mutually undertake to further the 
purposes of the ARIN then that is fine (and it possible that such policies may 
have implications on your own customer relationships), but the discussions must 
be about fulfilling the mission of the registry to further operation of the 
Internet – no discussion of customer terms/conditions/pricing is appropriate at 
any time. 

If you have questions on this distinction, I would suggest you seek out Michael 
Abejuala (ARIN’s General Counsel) or your own counsel as desired. 



Thanks! 
/John 

John Curran 
President and CEO 
American Registry for Internet Numbers 

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On 22 Sep 2021, at 10:51 PM, Owen DeLong < [ mailto:[email protected] | 
[email protected] ] > wrote: 

You must be this tall to engage in rent seeking and are free to do it at any 
gouge you wish: Acceptable. 
You cannot rent seek regardless of height: not acceptable. 

Got it. 



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On Sep 22, 2021, at 11:53 , John Curran < [ mailto:[email protected] | 
[email protected] ] > wrote: 

Fernando - 

Discussions regarding the policy that ARIN uses for administration of the 
registry is perfectly fine, and that includes any applicable policy regarding 
issuance and maintenance of IP address blocks. The area of concern is 
discussions considering limitations on terms/conditions/pricing of services 
that might be offered by ARIN’s customers to their customers - it is not ARIN’s 
role to set such terms. 

Examples: 

Unacceptable 
“You must/must-not offer service _X_ to your customers” Unacceptable – not 
within ARIN’s remit. 
“You must/must-not charge your customers for service _Y_ ” Unacceptable – not 
within ARIN’s remit. 

Acceptable 
“IP address space must be used to provide connectivity services to customers to 
be considered to be in “operational use” Acceptable – if the community were to 
decide to establish such policy. 
“Organizations must reflect in the ARIN registry all issuance to a single 
customer of /29 of IPv4 address space or larger." Acceptable – if the community 
were to decide to establish such policy. 

Does this help clarify? 
/John 

John Curran 
President and CEO 
American Registry for Internet Numbers 




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On 22 Sep 2021, at 1:55 PM, Fernando Frediani < [ mailto:[email protected] | 
[email protected] ] > wrote: 



Hi John 

I don't think anyone discussing this thread is much concerned about pricing of 
services between ARIN participants and their customers really. I am personally 
not. The confusion may have come from the way Owen have put the text of this 
proposal. 
What we are discussing so far is only about a proposal to have an appropriate 
language to ban Leasing of IP Addresses by LIRs. 


Hope this helps to clarify 


Regards 
Fernando 
Em 22/09/2021 14:48, John Curran escreveu: 

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Fernando - 

Michael was 100% correct - do not engage in discussions of pricing or other 
terms of service between ARIN participants and their customers. Doing so is 
prohibited by US antitrust law and ARIN will not be a party to facilitating 
such discussions. 

Participants who attempt to violate applicable law in this manner will be 
expressly removed from ARIN mailing lists in order to protect the remainder of 
the community that is able to participate properly. 

Thanks, 
/John 

John Curran 
President and CEO 
American Registry for Internet Numbers 


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On Sep 22, 2021, at 12:12 PM, Fernando Frediani [ mailto:[email protected] | 
<[email protected]> ] wrote: 


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I believe maybe Michael didn't understand well the matter fully or got only 
part of it. 
Probably what caused more confusion was how Owen put the part "No signatory to 
any ARIN RSA is permitted by policy to engage in a recurring charge for 
addresses or a differentiated service charge based on the number if addresses 
issued to a customer.". That could be dubious in the sense that a LIR could not 
charge administrative fees when they assign addresses to their connectivity 
customers. 

A simple: "No signatory to any ARIN RSA is permitted by policy to engage 
issuing addresses to non-conectivity customers. Addresses must be provided 
strictly as part of a contract for connectivity services." 

I think Owen tried to put in a way to strengthen his point of view the LIR 
lease addresses and by that text they would not permitted to do even for 
connectivity customers.Simplifying it would achieve the objective in the 
subject without necessarily change the usual way LIRs allocate addresses to 
their *connectivity customers*. 

Regards 
Fernando 
On 22/09/2021 13:00, Isaiah Olson wrote: 

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Hi Michael, 

I appreciate you clarifying this issue. If this policy proposal is considered 
out of scope, I would ask why Mike's policy proposal to explicitly allow 
leasing is considered in-scope for this PDP? If it is ARIN's position that it 
"does not impose any such restrictions on trade or pricing" with regards to 
pricing structure, why does ARIN differentiate justified need for transfers 
(trade) based on the absence or presence of connectivity services? 

I am happy to dispatch with any discussions that are not relevant or allowed, 
but I think that your post requires additional clarification of what topics are 
not permissible since many of the issues you have raised as out of scope are 
germane to other policies under discussion. 

Thanks, 
Isaiah 

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