Board of Trustees Meeting Minutes - 15 October 2008 [Archived]

Los Angeles, CA

Attendees:

• John Curran, Chair
• Scott Bradner, Secretary (via teleconference)
• Bill Manning, Trustee
• Ray Plzak, President
• Paul Vixie, Trustee
• Bill Woodcock, Trustee

ARIN Staff:

• Thérèse Colosi, Recording Secretary
• Nate Davis, COO
• Susan Hamlin, Director Member Services
• Cathy Handley, Executive Director, Government Affairs & Public Policy
• Richard Jimmerson, CIO
• Mark Kosters, CTO
• Mary K Lee, Director, H.R./Business Admin.
• Leslie Nobile, Director Registration Services
• Bob Stratton, Director Financial Services

ARIN Counsel:

• Stephen M. Ryan, ESQ

Apologies:

• Lee Howard, Treasurer

1. Welcome

The Chair called the meeting to order at 8:00 a.m. PDT. The presence of quorum was noted.

2. Agenda Bashing

The Chair called for any comments. The Chair noted that the President had sent a background document to the Board via email regarding how organizations currently transfer addresses with regard to ARIN and sample cases of fraudulent transfers. He stated this would be discussed under Any Other Business, time permitting, and if not, then the Board would convene on October 16 at 8:00 a.m. PDT.

3. ARIN General Counsel Report

Counsel stated that ARIN has been successful with companies signing the Legacy Registration Services Agreement (LRSA) and that early next year, Counsel would be reviewing the wording of the LRSA to see if it can be made any clearer than currently written, but this would not give ARIN any greater rights whatsoever.

Scott Bradner requested adding a summary of the RIR Boards meeting. The Chair agreed to add this item under Any Other Business.

4. ARIN Appeals Process

Scott Bradner moved:

“The ARIN Board of Trustees adopts the ARIN Appeals Process as presented.”

This was seconded by Bill Manning. The Chair called for discussion. Scott Bradner asked if Counsel was satisfied with the text. Counsel stated he was. The Board reviewed the document. Scott questioned the last sentence of paragraph 3: “Organizations can use the Appeal process no more than twice within a calendar year.” He stated the text leaves the reader to guess if one can appeal the same issue more than once.

Discussion ensued and it was the sense of the Board that the sentence of paragraph 3 be struck from the text to alleviate any ambiguity.

Counsel then suggested a revision to paragraph 4, from reading:

“The appeal process will follow the arbitration provisions of the Governing Law, Jurisdiction, Venue and Dispute Resolution paragraph of the General Provisions section of the current Registration Services Agreement.”

To reading:

“The Appeals Process will follow the arbitration provisions in the RSA, including but not limited to, the Governing Law, Jurisdiction, Venue and Dispute Resolution paragraph of the RSA, and in the absence of a signed RSA, the Appeal will be governed by the General Dispute Resolution provision of the Dispute Resolution section.”

The Chair called for any objections to this revision. There were no objections.

The motion carried unanimously via roll call.

5. NRO Number Council Representative

The Chair stated that the Board needs to appoint a representative, who will be announced at the ARIN Public Policy Meeting on October 16, 2008. The Board voted at this time by secret ballot, and the Chair announced that Martin Hannigan had been appointed for another three year term to the NRO Number Council.

6. Any Other Business

A) RIR Board Meeting

Members of the RIR Boards met on October 13, 2008. The Chair stated that the reassigning legacy space was discussed. He stated the ARIN Board was willing to consider a hiatus on the issue of how ARIN re-assigned reclaimed or recovered legacy space until such time that a global policy was in place to address how reassignments would be done.

The Chair asked to see the draft notes taken by ARIN staff, and stated that he would draft an Action Item list from said notes.

The Chair stated that the RIR Boards also discussed incorporating the Number Resource Organization (NRO). They agreed that each RIR Board would evaluate and communicate its interest, or lack thereof, with regard to the incorporation of the NRO. It was the sense of the ARIN Board to support the timely incorporation of the NRO, and the Chair stated he would draft a notice to this effect.

B) Transfer Case Examples

Under the attorney-client privilege and work product doctrine, the Board and Counsel discussed issues related to fraudulent transfers of legacy space.

Noting time constraints, Ray Plzak stated the Board could meet again in the morning if they decided to do so.

7. Adjournment

The Chair entertained a motion to adjourn at 8:45 a.m. PDT. Ray Plzak moved to adjourn. The motion carried unanimously with no objections.