Way off topic here...and into the legal arena:

As to the monopoly classification, do you think, at least with ARIN (since it 
is a US/Virginia corporation) that Sherman Act ยง2 (i.e. antitrust) principles 
could be applied to require that it relinquish some of the control over said IP 
space/database and act in a more competitive manner?  What about the other RIRs 
worldwide?  I'm not an antitrust lawyer, but there may be an issue there.

There was a paper a while back from a UMiami (Michael Froomkin) professor 
talking about ICANN and Antitrust.  http://arxiv.org/pdf/cs/0109075  - This is 
a legal paper, not an engineering paper.

I wonder if those same principles could be applied here.  

On Feb 3, 2011, at 3:42 PM, David Conrad wrote:

> On Feb 3, 2011, at 8:59 AM, Owen DeLong wrote:
>> That remains to be seen. If they give up their space, it is unclear that 
>> they have any right to transfer it to another
>> organization rather than return it to the successor registry. There is no 
>> precedent established showing that
>> this is allowed.
> 
> Right.  Like Compaq returned 16/8 when they acquired Digital (and HP returned 
> 16/8 when they acquired Compaq). 
> 
>> That remains to be seen. IANA has declared them the successor registries
> 
> No.  First, "IANA" does not exist.  The term "IANA" now refers to a series of 
> functions currently performed under contract from the US Dept. of Commerce, 
> NTIA by ICANN.  As such it can't declare anything.
> 
> Second, neither ICANN nor the USG has (to my knowledge) declared the RIRs to 
> be "successor registries" (whatever they are).  The IPv4 registry continues 
> to exist and will undoubtedly be maintained as it always has been.  The only 
> real difference is that there aren't any more IPv4 /8s tagged with 
> "UNALLOCATED".
> 
>> The other thing to consider is that the RIR doesn't really need to "reclaim" 
>> the block, per se. They can simply stop providing uniqueness to the 
>> organizations that don't have a contract with them and issue those numbers 
>> to some other organization that has a contract. The other organization would 
>> know that their uniqueness is limited to those cooperating in the registry 
>> system.
>> 
>> Does an organization that has no contract with an RIR have a right to expect 
>> that RIR to continue to provide them a unique registration?
> 
> The RIRs are self-defined geographical monopolies that provide a set of 
> public infrastructure services to the Internet community at large.  It's an 
> interesting question whether that service is limited to only those folks who 
> pay -- my guess if the RIRs took this stance, they'd be looking down the 
> barrel of numerous governmental anti-monopoly/anti-cartel agencies.
> 
> However, pragmatically speaking, the folks who matter in any of this are the 
> ISPs.  The RIRs exist primarily as a means by which ISPs can avoid doing a 
> myriad set of bilateral agreements as to who "owns" what address space to 
> ensure uniqueness.  If the RIRs reduce their value by no longer providing 
> that service in an effective way (e.g., by doing what you suggest), I suspect 
> the ISPs would find other entities to provide global uniqueness services.
> 
> Regards,
> -drc
> 

Ernesto M. Rubi
Sr. Network Engineer
AMPATH/CIARA
Florida International Univ, Miami
Reply-to: erne...@cs.fiu.edu
Cell: 786-282-6783




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