On Apr 14, 2022, at 7:50 AM, John Curran <[email protected]
<mailto:[email protected]>> wrote:
> The bad news is that such communications were written to be expeditious in
> the administration of the registry, as opposed to being written with legal
> clarity. As a simple example of that fact, consider that the term "IP
> address block” – the "thing" being issued – was actually not defined in any
> of these communications.
John, you and I both know that this isn't true. It is written in the US code of
law that funded every bit of this exactly what Jon's role was, exactly what an
RFC was, and exactly what the purpose of those RFCs was. I know for a fact that
you know personally know this to be true, so I am baffled to hear you repeat
this nonsense.
I can only misquote Kim on this because I didn't write it down and mobile video
recording didn't exist at the time, but you were on the call and I'm certain
you can provide the right quote. It was something on the order of "ARIN is
being asked to operate on a legal fiction, with no relationship to truth or
fact, that represents the outcome of negotiation between people who want
something and people that demand something."
Yes, what you wrote above is the legal fiction ARIN has chosen to preserve. But
it's not true, it is absolutely contrary to both established law and fact. I'm
just getting too old to hear this nonsense repeated.
As a matter of point, you make this same argument yourself:
> ARIN was formed for the purpose of administration of the registry in North
> America and took over that responsibility at the time of our formation –
> including the transfer of the registry database to ARIN at USG direction.
> ARIN’s administration of the registry is be performed in accordance with our
> community-developed policies – and we are aware of no obligations that
> prevent ARIN from doing so for all number resources in the registry,
> including legacy resources.
Absolutely, provable true on both points.
I know you want to play nice and encourage participation, so you soft-pedal
your statements. But please acknowledge the truth--there is no basis in law for
someone to fail to recognize your authority and perform what was expected of
them at the time of assignment, which ABSOLUTELY DID include respecting changes
in policy over time.
--
Jo Rhett
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