Draft Policy ARIN-2019-6

Longer Hold Time Requirements for 4.1.8 Recipients

Status: Abandoned 23 July 2019

Staff and Legal Review: 16 July 2019

Advisory Council Shepherds: Rob Seastrom, Joe Provo

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History:

ARIN Advisory Council Meetings:

Presented at:

Latest Version: 26 March 2019

Problem Statement:

The ARIN Board of Trustees has recently suspended issuance of reclaimed number resources under the NRPM 4.1.8 waiting list policy due to concerns about “flipping” behavior by recipient organizations.

The minimum hold time before (12 months) for recipients of number resources received via 4.1.8 is currently no different than if they had received it as an incoming 8.3 transfer. We believe that a longer hold time of 24 months, while not a complete solution, will serve as an incremental disincentive to flipping schemes while representing no downside for organizations that are actually using said number resources.

Policy Statement:

Add the following bullet point under “Conditions on source of the transfer” in sections 8.3 and 8.4:

The source entity must not have received a transfer, allocation, or assignment of IPv4 number resources from ARIN under the Section 4.1.8 “Unmet Requests” waiting list policy for the 24 months prior to the approval of a transfer request.

Comments:

Timetable for implementation: Immediate

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ARIN STAFF & LEGAL ASSESSMENT

Summary (Staff Understanding)

Draft Policy 2019-06: Longer Hold Time Requirements for 4.1.8 Recipients policy text is clear in that it would introduce a longer wait time for organizations requesting to transfer IPv4 addresses to third parties via section 8.3 or 8.4 if they have received a distribution from the waitlist under 4.1.8. The wait time to transfer would increase to 24 months.

Staff understanding is that if an organization receives IPv4 addresses via the wait list, they cannot then be a Source for a transfer of any IPv4 addresses for 24 months. However, organizations will not be permitted to transfer any IPv4 addresses received from the waiting list (section 4.1.8) for 60 months as outlined in the current NRPM.

As written staff’s understanding is that for any 8.3 or 8.4 source transfer initiated after the adoption date, the source must not have received any space from the ARIN wait list under NRPM 4.1.8 in the preceding 24 months.


Comments

ARIN Staff Comments

  • Draft Policy 2019-06: Longer Hold Time Requirements for 4.1.8 Recipients would not change the current 60 month hold time prescribed in section 4.1.8 of NRPM 2019.2 for allocations or assignments received under section 4.1.8.

  • Since section 4.1.8 does not cover “transfers” the word “transfer” should be eliminated from the language requested to be added to sections 8.3 and 8.4:

The source entity must not have received a transfer, allocation, or assignment of IPv4 number resources from ARIN under the Section 4.1.8 “Unmet Requests” waiting list policy for the 24 months prior to the approval of a transfer request.

Should read:

The source entity must not have received an allocation or assignment of IPv4 number resources from ARIN under the Section 4.1.8 “Unmet Requests” waiting list policy for the 24 months prior to the approval of a transfer request.

  • This policy could be implemented as written.

ARIN General Counsel – Legal Assessment

The policy does not create material legal issues. However, the provision is very material to all holders for 4.1.8 resources obtained prior to date of passage if this proposal were to be enacted. It would be helpful for the AC to clarify its intent as to whether there would be a prospective and/or retroactive application of the policy for 4.1.8 resources obtained prior to the possible passage of this policy. For example 4.1.8 resources issued in 2018 now would carry a not foreseeable outcome if retroactive application were to occur.


Resource Impact

Implementation of this policy would have minimum resource impact. It is estimated that implementation would occur within 3 months after ratification by the ARIN Board of Trustees. The following would be needed in order to implement:

Staff training Updated guidelines and internal procedures Updated documentation on website Updates to ARIN Online


Proposal/Draft Policy Text Assessed

Latest Version: 26 March 2019

Problem Statement:

The ARIN Board of Trustees has recently suspended issuance of reclaimed number resources under the NRPM 4.1.8 waiting list policy due to concerns about “flipping” behavior by recipient organizations. The minimum hold time before (12 months) for recipients of number resources received via 4.1.8 is currently no different than if they had received it as an incoming 8.3 transfer. We believe that a longer hold time of 24 months, while not a complete solution, will serve as an incremental disincentive to flipping schemes while representing no downside for organizations that are actually using said number resources.

Policy Statement:

Add the following bullet point under “Conditions on source of the transfer” in sections 8.3 and 8.4: The source entity must not have received a transfer, allocation, or assignment of IPv4 number resources from ARIN under the Section 4.1.8 “Unmet Requests” waiting list policy for the 24 months prior to the approval of a transfer request.

Comments:

Timetable for implementation: Immediate