Hi Arash, 

As per policy, we review the usage of IPs when we have reasons to believe the 
existing license terms are no longer being complied with. 

https://www.apnic.net/community/policy/resources#a_h_4_1_1 
<https://www.apnic.net/community/policy/resources#a_h_4_1_1> 

'individual licenses shall only be subject to review if the relevant IR has 
reason to believe that the existing license terms are no longer being complied 
with.' 

Thanks 
Vivek 

From: Arash Naderpour <[email protected]>
Date: Wednesday, 30 August 2023 at 9:31 pm
To: [email protected] <[email protected]>
Cc: sig-policy <[email protected]>
Subject: [sig-policy] Re: New version: prop-148 Clarification - Leasing of 
Resources is not Acceptable 

That's correct, as I stated earlier each region has unique network requirements 
and circumstances that may warrant different approaches to resource management. 
Instead of adopting a one-size-fits-all approach, We should consider the 
specific needs of our region when crafting policies. 



Does APNIC presently employ a mechanism to proactively investigate and render 
assessments regarding "the daily usage of IP addresses"? 



I hope someone from APNIC can answer this question, 



Regards, 



Arash Naderpour 



P.S with regards to the RIPE NCC, they don't have the authority to investigate 
"the usage of IP addresses" as far as I know, they are mostly like a 
bookkeeper. 









On Wed, 30 Aug 2023 at 21:05, jordi.palet--- via SIG-policy 
<[email protected] <mailto:[email protected]>> wrote: 

Different RIRs have different rules (different policies). 


However, RIPE can also investigate any case for not following policies, no 
difference. 


Regards,
Jordi

@jordipalet 





El 30 ago 2023, a las 12:28, Arash Naderpour <[email protected] 
<_blank>> escribió: 


Hi Jordi, 


I didn't ask about the policies, 

I meant if they have authority to investigate the "usage of IP addresses", 

As an example, with RIPE NCC you get an /24 when you become a member (you still 
need to wait in their queue). But I never heard that they investigate the usage 
of the IP addresses that you receive as an allocation from them. (since 2012 
they don't even ask about the "usage of the IP addresses") 



Can you please provide more details on this. 



Thanks, 



Arash Naderpour 









On Wed, 30 Aug 2023 at 19:36, jordi.palet--- via SIG-policy 
<[email protected] <_blank>> wrote: 

Hi Arash, 


All the RIRs have similar provisions, policies are a must to continue receiving 
services as a member, and this include policies. In the case of APNIC, see 
https://www.apnic.net/about-apnic/corporate-documents/documents/membership/membership-agreement/
 <_blank> 




3.2 Member’s obligations … d. Comply with this agreement and all APNIC 
Documents. 





And of course, Policies are APNIC Documents. 



5.1 APNIC Documents 
The Member agrees that: 


1. The APNIC Documents may be amended from time to time in accordance with the 
Document Review Policy; 
2. Any such amendments are binding upon the Member; 
3. APNIC Documents as they exist from time to time form an integral part of and 
apply fully to this agreement; 
4. If the membership is either terminated or not renewed, the Member shall 
continue to be bound by the provisions of this agreement and other APNIC 
Documents to the extent that the provisions relate to the use of resources or 
disputes arising from this
agreement or any other APNIC documents. 

Usage of address is part of the validity of the justification. See the policy 
manual. And of course, APNIC can ensure that the license keeps being valid, by 
means of any method they deem convenient. 



4.1. License Renewal 
Licenses to account holders shall be renewable on the following conditions: 

* The original basis of the delegation remains valid, and ... 


Regards,
Jordi

@jordipalet 





El 30 ago 2023, a las 11:18, Arash Naderpour <[email protected] 
<_blank>> escribió: 


Hi Jordi, 



Can you please provide some more details on this: 



"APNIC (and all the RIRs) already have the authority to investigate any 
possible usage of the addresses against the policies" 



I'm interested to know exactly if and how they are authorised to investigate 
the "usage of the addresses". 



Thanks, 



Arash Naderpour 








On Wed, 30 Aug 2023 at 18:16, jordi.palet--- via SIG-policy 
<[email protected] <_blank>> wrote: 

Hi Arash, 


APNIC (and all the RIRs) already have the authority to investigate any possible 
usage of the addresses against the policies. If you justified a need and you 
now make a different usage, which is against the policies or the original 
justification, you are in contractual breach, and the RIR has the right not 
only to investigate it, but also to recover the addresses. 



This proposal is not changing that, just making it more obvious, crystal clear. 



Transparency is ensured because the policy manual is public, so I don’t 
understand your point here. 



This version of the proposal, even if it mentions leasing, is only to reinforce 
the point that according to existing policies, the justification of the need is 
attached to connectivity services. We don’t define leasing on purpose, we say 
any form of leasing, in the sense of usage different than the original 
justified need. 


Regards,
Jordi

@jordipalet 





El 9 ago 2023, a las 1:55, Arash Naderpour <[email protected] <_blank>> 
escribió: 


Hi, 


I'm opposing the proposed policy change, 



I have concerns about the potential implications of the proposed policy change, 
particularly in regards to granting APNIC the authority to investigate and make 
decisions regarding the daily usage of IP addresses. The proposed policy change 
introduces a mechanism for APNIC to actively investigate and make judgments on 
the daily usage of IP addresses, effectively centralizing decision-making 
power. This shift raises concerns about the potential for inconsistent 
enforcement, lack of transparency, and an undue burden on both resource holders 
and APNIC itself. 

Attempting to assess the multitude of use cases and intentions behind leased IP 
addresses is a daunting and potentially subjective task that could lead to 
inefficiencies and disputes. 

The document mentions that other Regional Internet Registries (RIRs) do not 
authorize address leasing either. However, the absence of address leasing in 
their policies may not be indicative of a universal best practice. Each region 
has unique network requirements and circumstances that may warrant different 
approaches to resource management. Instead of adopting a one-size-fits-all 
approach, We should consider the specific needs of our region when crafting 
policies. There might be legitimate use cases where IP address leasing could 
serve as a valuable option. For instance, organizations with varying seasonal 
demands or temporary infrastructure needs could benefit from leasing IP 
addresses. 



Regards, 



Arash Naderpour 












On Sat, 5 Aug 2023 at 03:00, Shaila Sharmin <[email protected] 
<_blank>> wrote: 

Dear SIG members,

A new version of the proposal "prop-148-v004: Clarification - Leasing of 
Resources is not Acceptable" has been sent to the Policy SIG for review.

Information about earlier versions is available from:

http://www.apnic.net/policy/proposals/prop-148 <_blank>

You are encouraged to express your views on the proposal:

- Do you support or oppose the proposal?
- Is there anything in the proposal that is not clear?
- What changes could be made to this proposal to make it more effective?

Please find the text of the proposal below.

Regards,
Bertrand, Shaila, and Anupam
APNIC Policy SIG Chairs


-----------------------------------------------------------------------

prop-148-v004: Clarification - Leasing of Resources is not Acceptable

----------------------------------------------------------------------

Proposer: Jordi Palet Martinez ([email protected] <_blank>)
Amrita Choudhury ([email protected] <_blank>)
Fernando Frediani ([email protected] <_blank>)


1. Problem statement
--------------------
RIRs have been conceived to manage, allocate and assign resources 
according to need, in such way that a LIR/ISP has addresses to be able 
to directly connect its customers based on justified need. Addresses are 
not, therefore, a property with which to trade or do business.

When the justification of the need disappears or changes, for whatever 
reasons, the expected thing would be to return said addresses to the 
RIR, otherwise according to Section 4.1. (“The original basis of the 
delegation remains valid”) and 4.1.2. (“Made for a specific purpose that 
no longer exists, or based on information that is later found to be 
false or incomplete”) of the policy manual, APNIC is not enforced to 
renew the license. An alternative is to transfer these resources using 
the appropriate transfer policy.

If the leasing of addresses is authorized, contrary to the original 
spirit of the policies and the very existence of the RIRs, the link 
between connectivity and addresses disappears, which also poses security 
problems, since, in the absence of connectivity, the resource holder who 
has received the license to use the addresses does not have immediate 
physical control to manage/filter them, which can cause damage to the 
entire community.

Therefore, it should be made explicit in the Policies that the Internet 
Resources should not be leased “per se”, but only as part of a 
connectivity service, as it was documented with the original need 
justification.

The existing policies of APNIC are not explicit about that, however 
current policies do not regard the leasing of addresses as acceptable, 
if they are not an integral part of a connectivity service. 
Specifically, the justification of the need would not be valid for those 
blocks of addresses whose purpose is not to directly connect customers 
of an LIR/ISP, and consequently the renewal of the annual license for 
the use of the addresses would not be valid either. Sections 3.2.6. 
(Address ownership), 3.2.7. (Address stockpiling) and 3.2.8. 
(Reservations not supported) of the policy manual, are keys on this 
issue, but an explicit clarification is required.

2. Objective of policy change
-----------------------------
Despite the fact that the intention in this regard underlies the entire 
Policy Manual text and is thus applied to justify the need for 
resources, this proposal makes this aspect explicit by adding the 
appropriate clarifying text.


3. 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 and LACNIC, the 
staff has confirmed that address leasing is not considered as valid for 
the justification. In ARIN it is not considered valid as justification 
of need.

A similar proposal is under discussion in LACNIC and ARIN.


4. Proposed policy solution
---------------------------
5.8. Leasing of Internet Number Resources

In the case of Internet number resources delegated by APNIC or a NIR, 
the justification of the need implies the need to use on their own 
infrastructure and/or network connectivity services provided to 
customers. As a result, any form of IP address leasing is unacceptable, 
nor does it justify the need, unless otherwise justified in the original 
request. Even for networks that are not connected to the Internet, 
leasing of IP addresses is not permitted, because such sites can request 
direct assignments from APNIC or the relevant NIR and, in the case of 
IPv4, use private addresses or arrange market transfers.

APNIC should proactively investigate those cases and also initiate the 
investigation in case of reports by means of a form, email address or 
other means developed by APNIC.

If any form of leasing, regardless of when the delegation has been 
issued, is confirmed by an APNIC investigation, it will be considered a 
policy violation and revocation may apply against any account holders 
who are leasing or using them for any purposes not specified in the 
initial request.


5. Advantages / Disadvantages
-----------------------------
Advantages:
Fulfilling the objective above indicated and making the policy clear.

Disadvantages:
None.


6. Impact on resource holders
-----------------------------
None.


7. References
-------------
https://www.arin.net/participate/policy/proposals/2022/ARIN_prop_308_v2/ 
<_blank>
https://politicas.lacnic.net/politicas/detail/id/LAC-2022-2/language/en 
<_blank> 

-- 
Regards, 
Shaila Sharmin 

+8801811447396 



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This electronic message contains information which may be privileged or 
confidential. The information is intended to be for the exclusive use of the 
individual(s) named above and further non-explicilty authorized disclosure, 
copying, distribution or use of the contents of this information, even if 
partially, including attached files, is strictly prohibited and will be 
considered a criminal offense. If you are not the intended recipient be aware 
that any disclosure, copying, distribution or use of the contents of this 
information, even if partially, including attached files, is strictly 
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