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Draft Policies and Proposals

Draft Policy ARIN-2017-6: Improve Reciprocity Requirement for Inter-RIR Transfers
Status:

Abandoned by the AC

 
Discussion Tracking
Mailing List:
Formal introduction on PPML on 20 June 2017

Origin - ARIN-prop-241

Draft Policy - 20 June 2017

Abandoned - 11 October

Public Policy Mailing List
ARIN Public Policy Meeting:
ARIN Advisory Council:

AC Shepherds:
Alison Wood, David Huberman

ARIN Board of Trustees:
Revisions Implementation

Version Date: 20 June 2017

Problem Statement:

Currently ARIN's requirement that inter-RIR transfer policies be reciprocal has a glaring hole in it in that RIRs which have NIRs and/or a two-hop RIR transfer process can be used to circumvent the intent of the requirement. Rather than eliminate the requirement, a better approach would be to close the loophole.

Policy statement:

Amend section 8.4 (included here for reference):

8.4. Inter-RIR Transfers to Specified Recipients

Inter-regional transfers may take place only via RIRs who agree to the transfer and share reciprocal, compatible, needs-based policies.

Conditions on source of the transfer:

The source entity must be the current rights holder of the IPv4 address resources recognized by the RIR responsible for the resources, and not be involved in any dispute as to the status of those resources.

Source entities outside of the ARIN region must meet any requirements defined by the RIR where the source entity holds the registration.

Source entities within the ARIN region must not have received a transfer, allocation, or assignment of IPv4 number resources from ARIN for the 12 months prior to the approval of a transfer request, unless either the source or recipient entity owns or controls the other, or both are under common ownership or control. This restriction does not include M&A transfers.

Address resources from a reserved pool (including those designated in Section 4.4 and 4.10) are not eligible for transfer.

Conditions on recipient of the transfer:

The conditions on a recipient outside of the ARIN region will be defined by the policies of the receiving RIR.

Recipients within the ARIN region must meet the transfer requirements as defined in section 8.5.

Recipients within the ARIN region will be subject to current ARIN policies.

Make the following change:

Add an additional bullet to "Conditions on recipient" which states:

+ Recipient RIR policy must not permit transfers to other RIRs or NIRs whose policies do not support bi-directional transfers.

Comments:

a.    Timetable for implementation: Immediate

##########

ARIN STAFF & LEGAL ASSESSMENT

Draft Policy ARIN-2017-6

Improve Reciprocity Requirement for Inter-RIR Transfers

https://www.arin.net/policy/proposals/2017_6.html

Date of Assessment: 31 August 2017

___

1.  Summary (Staff Understanding)

 Draft Policy ARIN-2017-6 would not allow ARIN to transfer address space to RIRs that could then transfer that space to an RIR or NIR whose policies do not support bi-directional 

transfers.

 For clarity if this policy (2017-06) is implemented, there would be 3 distinct criteria that will need to be met by other RIRs to enable transfers from ARIN:

1. The RIR must allow bi-directional Inter-RIR transfers. (Already in ARIN NRPM)

2. The RIR must have needs-based assessments for Inter-RIR transfer recipients. (Already in NRPM)

3. The RIR must have an active policy that prevents them from conducting transfers with other RIRs/NIRs that do not themselves have a bi-directional policy that allows for Inter-RIR transfers. (Would be added to NRPM if 2017-06 was ratified/adopted)

 ___

2.  Comments

 A.  ARIN Staff Comments

 This Draft Policy could be implemented as written. 

 * Currently ARIN allows Inter-RIR transfers to APNIC, and RIPE NCC. Neither of these RIRs have policies in place that would prohibit them from transferring address space to RIRs or NIRs without bidirectional transfer policies. As such, ARIN would no longer allow Inter-RIR transfers to these RIRs. 

 * Currently ARIN does not allow Inter-RIR transfers to LACNIC and AFRINIC because, as stated in NRPM Section 8.4, "Inter-regional transfers may take place only via RIRs who agree to the transfer and share reciprocal, compatible, needs-based policies." This Draft Policy would have no impact on ARIN's stance with either LACNIC or AFRINIC.  

 * Staff reserves the right to and may proactively seek interpretation of this policy's impacts by other RIRs.

 * Draft Policy ARIN-2017-4: Remove Reciprocity Requirement for Inter-RIR Transfers is also under discussion, and would remove the aforementioned reciprocity requirement. These two policies are in direct conflict and could not both be adopted.

 B.  ARIN General Counsel – Legal Assessment

* When ARIN adopted an inter-RIR transfer policy in 20XX that was dependent upon the other region reciprocally permitting transfers to the ARIN region, that ARIN policy did not seek to limit the resulting recipient RIR from subsequently permitting a transfer of the same resources from the second RIR's region to a third RIR, whose policy do not qualify for an ARIN transfer.  Two RIR's have subsequently chosen to adopt corresponding inter RIR reciprocity standards in their policies (APNIC and RIPE).  

2017-06, if adopted, would require both APNIC and RIPE to amend their now existing reciprocal transfer policies due to ARIN's newly revised requirement if inter region transfers were to again be permitted from the ARIN region. Those other RIRs might choose not to amend their policies.  In the interim, and perhaps forever, no transfers out of the ARIN region would be permitted if 2017-6 is approved.  

In the debate on this policy, have not seen any reference to a single documented instance of number resources transferred from ARIN to APNIC or RIPE, where the identical resources have subsequently been transferred to AFRINIC or LACNIC.  Lawyers call this a 'corner case' that while theoretically could occur, may not have yet occurred, or at a minimum has not been documented in this policy debate.  Disrupting the existing transfer policy in the absence of a record of such double transfers is legally unwise.  Counsel respectfully recommends against stopping the current inter-region transfer policy to address such a corner case, absent proof it is occurring and occurring with sufficient frequency to be a material policy issue.  

The disruption of transfers for those currently meeting policy in two regions who have no intention to make a subsequent transfer to a third RIR would be profound.  Allowing policy authorized transfers between reciprocal RIR policies permits necessary flexibility and avoids potentially contentious legal issues regarding the rights of number resource holders.

___

3.  Resource Impact

Implementation of this policy would have minimum to moderate 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:

* Updated guidelines and internal procedures

* There will be some engineering work to perform; however, that work can be performed post implementation

* Staff training

___

4. Proposal / Draft Policy Text Assessed

Draft Policy ARIN-2017-6: Improve Reciprocity Requirement for Inter-RIR Transfers

Version Date: 20 June 2017

Problem Statement:

Currently ARIN's requirement that inter-RIR transfer policies be reciprocal has a glaring hole in it in that RIRs which have NIRs and/or a two-hop RIR transfer process can be used to circumvent the intent of the requirement. Rather than eliminate the requirement, a better approach would be to close the loophole.

Policy statement:

Amend section 8.4 (included here for reference):

8.4. Inter-RIR Transfers to Specified Recipients

Inter-regional transfers may take place only via RIRs who agree to the transfer and share reciprocal, compatible, needs-based policies.

Conditions on source of the transfer:

The source entity must be the current rights holder of the IPv4 address resources recognized by the RIR responsible for the resources, and not be involved in any dispute as to the status of those resources.

Source entities outside of the ARIN region must meet any requirements defined by the RIR where the source entity holds the registration.

Source entities within the ARIN region must not have received a transfer, allocation, or assignment of IPv4 number resources from ARIN for the 12 months prior to the approval of a transfer request, unless either the source or recipient entity owns or controls the other, or both are under common ownership or control. This restriction does not include M&A transfers.

Address resources from a reserved pool (including those designated in Section 4.4 and 4.10) are not eligible for transfer.

Conditions on recipient of the transfer: 

The conditions on a recipient outside of the ARIN region will be defined by the policies of the receiving RIR.

Recipients within the ARIN region must meet the transfer requirements as defined in section 8.5.

Recipients within the ARIN region will be subject to current ARIN policies.

Make the following change:

Add an additional bullet to "Conditions on recipient" which states:

+ Recipient RIR policy must not permit transfers to other RIRs or NIRs whose policies do not support bi-directional transfers.

Comments:

a.    Timetable for implementation: Immediate

##### END

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