Dear Colleagues,

I am Satoru Tsurumaki from Japan Open Policy Forum Steering Team.

I would like to express my gratitude to Policy-Sig Chair/Co-Chair and
the APNIC Secretariat.
In the past, policy proposals were posted to the SIG-Policy ML in
batches after the proposal
deadline four weeks before OPM, but now they have posted the proposed
policies sequentially
to the SIG-Policy ML without waiting for the deadline.
This allowed us enough time to translate the proposals and introduce
them to our community for discussion.

Then I would like to share key feedback in our community for prop-148,
based on a meeting we organised on 30th Aug to discuss these proposals.

Many neutral opinions were expressed about this proposal.

(comment details)
 - I agree with the concept of prohibiting leases, but the proposal
   should not affect to the party who has leased the IPv4 from another party.

 - JPNIC has a text equivalent to prohibiting leasing in its guidelines.
   If this proposal becomes a consensus, it is necessary to consider
   including similar text in the address policy depending on its content.

Regards,

Satoru Tsurumaki / JPOPF Steering Team

2023年8月5日(土) 2:00 Shaila Sharmin <[email protected]>:
>
> 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
>
> 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])
>            Amrita Choudhury ([email protected])
>            Fernando Frediani ([email protected])
>
>
> 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/
> https://politicas.lacnic.net/politicas/detail/id/LAC-2022-2/language/en
> --
> Regards,
> Shaila Sharmin
> +8801811447396
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