I agree with Mike Burns.

Bruce C

> On Sep 12, 2022, at 9:09 AM, Mike Burns <[email protected]> wrote:
> 
> 
> Hi Fernando,
>  
> Why not go back and fix the proposal language mis-describing the situation at 
> other RIRs and define leasing within your proposal, and provide us with a new 
> version to consider?
>  
> I will simply point out that leasing is effectively a transfer to those in 
> need, and that not everybody in need can afford a transfer purchase. This 
> policy would prevent those in need from receiving blocks unless they have 
> deep pockets. It’s not fair to smaller, less capitalized businesses who need 
> IPv4, so I remain opposed.
>  
> Regards,
> Mike
>  
>  
>  
>  
> From: ARIN-PPML <[email protected]> On Behalf Of Fernando Frediani
> Sent: Saturday, September 10, 2022 1:25 PM
> To: arin-ppml <[email protected]>
> Subject: Re: [arin-ppml] Draft Policy ARIN-2022-9: Leasing Not Intended
>  
> I don't understand your way to oppose this proposal. You want to oppose it 
> based a small subset of 'situation in other regions' text ? That your only 
> point to oppose this proposal ?
> The text clearly says the leasing of addresses is not authorized explicitly 
> in the policy manuals and in most RIRs it has been already confirmed this is 
> not allowed in most RIRs (exactly as it should be). In RIPE that you are 
> picking in order to try oppose this proposal it mentions specifically that 
> this cannot be used as a justification of need and it is obvious you cannot 
> go to RIPE, ask for addresses and justify that you will use them to lease to 
> someone else, pretending to be a sub-RIR. It is just simple.
> 
> In ARIN this proposal will make it very clear not only for justification of 
> need which is already forbidden but also later on for usage and that is the 
> right thing to do in order to avoid more unfairness with the whole community 
> in times of IPv4 exhaustion.
> What is the logic for not being able to justify the need based on leasing but 
> be allowed to used for them for leasing later on ?
> 
> The point here is quiet simple and most people are able to understand: if you 
> have a need to keep IP resources as a resource holder for justified need 
> proposes you are fine to keep the addresses indefinitely, if not your should 
> either transfer them to whoever has real need or return them back to ARIN so 
> them can be directly assigned by ARIN to any member who really needs them and 
> have no intermediaries in the middle pretending to be a RIR and bringing real 
> security issues to the whole Internet.
> 
> Fernando
> 
> On 10/09/2022 14:01, Mike Burns wrote:
> Fernando,
>  
> Your proposal says leasing is banned at other RIRs.
>  
> I am telling you once again that leasing is NOT banned at RIPE and leased 
> addresses CAN be used as justification at RIPE. 
> I speak from direct experience.
>  
> And once again there is no policy nor contract requirement to utilize 
> addresses at ARIN for their originally intended purposes, ergo leasing is not 
> prohibited to address holders at ARIN.
>  
> Please define the word leasing as that impacts enforcement and other issues.
>  
> This proposal remains deeply flawed.
>  
> So I remain deeply opposed.
>  
> Regards,
> Mike
>  
>  
>  
>  
>  
> ---- On Fri, 09 Sep 2022 12:44:10 -0400 Fernando Frediani 
> <[email protected]> wrote ---
>  
> Hello
> 
> There is no such error in the proposal.
> This has been checked as being the interpretation staff gives to the current 
> policy in most RIRs. APNIC is just an example that have confirmed it publicly 
> a couples of days ago. 
> You may not find all the very specific words you may wish for in the text, 
> but it is not much difficult for them to have such interpretation given the 
> resources must follow a proper justification of what they will be used for 
> and that can never be that you will use them for leasing (rent of lend). ARIN 
> also already confirmed in this very same list they don't accept it as a 
> justification.
> 
> There is no much around the term leasing. If an organization who don't 
> provide any connectivity services to another simply rent or lend IP space, 
> with or without a cost associated that is something that must not be since 
> they no longer have a justification to keep that IP space and instead should 
> either transfer it to those who really justify or return to ARIN.
> 
> Fernando
> 
> On 24/08/2022 11:04, Mike Burns wrote:
> Opposed, I think the proposal contains errors that should be fixed before the 
> discussion proceeds.
>  
> For example this statement :
> “In other RIRs, the leasing of addresses is not authorized either and since 
> it is not explicit in their policy manuals either, this proposal will be 
> presented as well.”
>  
> If it is not in their policy manuals, how can the proposers state leasing is 
> not authorized?
> Where do the proposers think authority comes from, if not from policy and 
> contract?
> Are they just assuming that all things are prohibited unless they are 
> explicitly allowed?
> That would be an interesting way to read the policy manual, if that is the 
> belief, we should discuss that.
>  
> Beyond that there is the very next sentence:
> ” Nothing is currently mentioned in RIPE about this and it is not acceptable 
> as a justification of the need. “ 
>  
> Once again the bias is towards prohibition despite language about leasing 
> being absent from RIPE policy. More to the point, and something that can’t be 
> drummed-home clearly enough to this community, RIPE has no needs test at all 
> for transfers and hasn’t for years.  And yet RIPE still exists and operates 
> as an RIR.  Even further to the point, in the one occasion that RIPE performs 
> a needs-test, which is on inter-regional transfers from ARIN, leased-out 
> addresses are in fact acceptable as justification. That’s because of two 
> logical things. First, RIPE understands that the inherent value of the 
> addresses drives them towards efficient use. Second, RIPE understands that 
> they are charged with getting addresses into use, not getting them into use 
> on particular networks.
>  
> So the first two sentences in the “situation at other RIRs” are 
> problematic/false.
> Might I suggest fixing those before we move forward, and also can you please 
> define the word leasing?
>  
> This seems poorly though-out to me, and I haven’t started on the meat of the 
> proposal yet nor how it would be effectively policed and prohibited.
>  
> Regards,
> Mike
>  
>  
>  
>  
>  
>  
>  
>  
> From: ARIN-PPML <[email protected]> On Behalf Of ARIN
> Sent: Tuesday, August 23, 2022 12:29 PM
> To: PPML <[email protected]>
> Subject: [arin-ppml] Draft Policy ARIN-2022-9: Leasing Not Intended
>  
> On 18 August 2022, the ARIN Advisory Council (AC) accepted "ARIN-prop-308: 
> Leasing Not Intended" as a Draft Policy.
>  
> Draft Policy ARIN-2022-9 is below and can be found at:
>  
> https://www.arin.net/participate/policy/drafts/2022_9/
>  
> You are encouraged to discuss all Draft Policies on PPML. The AC will 
> evaluate the discussion to assess the conformance of this draft policy with 
> ARIN's Principles of Internet number resource policy as stated in the Policy 
> Development Process (PDP). Specifically, these principles are:
>  
> * Enabling Fair and Impartial Number Resource Administration
> * Technically Sound
> * Supported by the Community
>  
> The PDP can be found at:
>  
> https://www.arin.net/participate/policy/pdp/
>  
> Draft Policies and Proposals under discussion can be found at: 
> https://www.arin.net/participate/policy/drafts/
>  
> Regards,
>  
> Sean Hopkins
> Senior Policy Analyst
> American Registry for Internet Numbers (ARIN)
>  
>  
> Draft Policy ARIN-2022-9: Leasing Not Intended
>  
> Problem Statement:
>  
> “IPv6 Policy (section 6.4.1.) explicitly mention that address space is not a 
> property. This is also stated in the RSA (section 7.) for all the Internet 
> Number Resources.
>  
> However, with the spirit of the IPv4 allocation policies being the same, 
> there is not an equivalent text for IPv4, neither for ASNs.
>  
> Further to that, policies for IPv4 and IPv6 allocations, clearly state that 
> allocations are based on justified need and not solely on a predicted 
> customer base. Similar text can be found in the section related to Transfers 
> (8.1).
>  
> Consequently, resources not only aren’t a property, but also, aren’t 
> allocated for leasing purposes, only for justified need of the resource 
> holder and its directly connected customers.
>  
> Therefore, and so that there are no doubts about it, it should be made 
> explicit in the NRPM that the Internet Resources should not be leased “per 
> se”, but only as part of a direct connectivity service. At the same time, 
> section 6.4.1. should be moved to the top of the NRPM (possibly to section 1. 
> “Principles and Goals of the American Registry for Internet Numbers (ARIN)”.”
>  
> Policy statement:
>  
> Actual Text (to be replaced by New Text):
>  
> 6.4.1. Address Space Not to be Considered Property
>  
> It is contrary to the goals of this document and is not in the interests of 
> the Internet community as a whole for address space to be considered freehold 
> property.
>  
> The policies in this document are based upon the understanding that 
> globally-unique IPv6 unicast address space is allocated/assigned for use 
> rather than owned.
>  
> New Text
>  
> 1.5. Internet Number Resources Not to be Considered Property
>  
> It is contrary to the goals of this document and is not in the interests of 
> the Internet community as a whole for address space to be considered freehold 
> property.
>  
> The policies in this document are based upon the understanding that Internet 
> Number Resources are allocated/assigned for use rather than owned.
>  
> ARIN allocate and assign Internet resources in a delegation scheme, with an 
> annual validity, renewable as long as the requirements specified by the 
> policies in force at the time of renewal are met, and especially the 
> justification of the need.
>  
> Therefore, the resources can’t be considered property.
>  
> The justification of the need, generically in the case of addresses, implies 
> their need to directly connect customers. Therefore, the leasing of addresses 
> is not considered acceptable, nor does it justify the need, if they are not 
> part of a set of services based, at least, on direct connectivity.
>  
> Even in cases of networks not connected to the Internet, the leasing of 
> addresses is not admissible, since said sites can request direct assignments 
> from ARIN and even in the case of IPv4, use private addresses or arrange 
> transfers.
>  
> Timetable for implementation: Immediate
>  
> Situation in other Regions:
>  
> In other RIRs, the leasing of addresses is not authorized either and since it 
> is not explicit in their policy manuals either, this proposal will be 
> presented as well.
>  
> Nothing is currently mentioned in RIPE about this and it is not acceptable as 
> a justification of the need. In AFRINIC, APNIC and LACNIC, the staff has 
> confirmed that address leasing is not considered as valid for the 
> justification.
>  
>  
> _______________________________________________
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