Agreed it's a step in the right direction. Specific to ISP's; I've noted Letters of Authorizations (LOA's) being common, where one organization uses the resources of another - no change to ARIN databases.
Orin Roberts - CCNA,ITILv3 -----Original Message----- From: ARIN-PPML [mailto:arin-ppml-boun...@arin.net] On Behalf Of Chris Woodfield Sent: January-24-17 5:53 PM To: John Springer Cc: arin-ppml@arin.net Subject: Re: [arin-ppml] 2016-9 Streamline Merger & Acquisition Transfers - Text modifications Strongly support. This is a big win for enhancing whois accuracy with no substantial downsides that I can see. -C > On Jan 24, 2017, at 3:32 PM, John Springer <3jo...@gmail.com> wrote: > > Greetings PPML, > > After discussions between the author, shepherds and the AC, the text of ARIN > Draft Policy 2016-9, Streamline Merger & Acquisition Transfers has been > modified for clarity. > > Please reply with thoughts and feedback. They will be very welcome. > Thank you in advance. > > New text: > > Problem Statement: > In the case of a merger or acquisition, current policy encourages not > updating registration data, thus leaving the number resource in the name of a > now defunct entity. > It is not uncommon for an entity which has bought another entity (with > existing number resources) to leave Organizational data (Whois) in the name > of the acquired company. The requirements in Section 8.2 put a justification > burden on the acquiring organization, which was a legitimate protection while > free pool assignments were available. It is worth revisiting Section 8.2 and > looking for opportunities to simplify the policy in the interest of improving > the registry data. > Consider the following: > 1. In the case where both organizations (acquirer, acquired) have justified > their existing number resources from an issuer (e.g. SRI-NIC, GSI, ARIN) > under the policies that were in force at the time of issuance, the number > resources have already been justified once. > 2. ARIN does not customarily require organizations holding address space to > document utilization except when they are asking ARIN to issue more space. > 3. Section 8.2 M&A is not asking ARIN to issue more space or provide > authorization to acquire space in an 8.3 transfer. It is simply updating > ARIN's database to reflect the current reality, that being that control of a > company has changed. > Language that speaks of required return or transfer of space is of > questionable enforceability in the context of the current RSA (section 6, > "ARIN has no right to revoke any Included Number Resources under this > Agreement due to lack of utilization by Holder"). > Clauses that serve to scare organizations away from updating their > information are counter to the goal of good data in whois. > Policy should allow ARIN staff to concentrate finite resources on > ascertaining corporate chain of custody so as to minimize the chance of > fraudulent transfers rather than auditing space already issued. > Policy statement: > Delete the bullet point that reads: > For mergers and acquisition transfers, the recipient entity must provide > evidence that they have acquired assets that use the resources to be > transferred from the current registrant. ARIN will maintain an up-to-date > list of acceptable types of documentation. > Add this conditional to the bottom of 8.2 for linguistic clarity: > "AND one or more of the following: > The recipient must provide independently verifiable evidence that they have > acquired the assets that use the resources to be transferred from the current > registrant. > OR > The recipient must show that they have acquired the entire corporate entity > which is the current registrant." > Remove the following paragraph from Section 8.2 of the NRPM: > ARIN will proceed with processing transfer requests even if the number > resources of the combined organizations exceed what can be justified under > current ARIN policy. In that event, ARIN will work with the resource > holder(s) to transfer the extra number resources to other organization(s) or > accept a voluntary return of the extra number resources to ARIN. > These two changes will leave Section 8.2 looking like this: > 8.2. Mergers and Acquisitions > ARIN will consider requests for the transfer of number resources in the case > of mergers, acquisitions, and reorganizations under the following conditions: > The current registrant must not be involved in any dispute as to the status > of the resources to be transferred. > The new entity must sign an RSA covering all resources to be transferred. > The resources to be transferred will be subject to ARIN policies. > The minimum transfer size is the smaller of the original allocation size or > the applicable minimum allocation size in current policy. > AND one or more of the following: > The recipient must provide independently verifiable evidence that they have > acquired the assets that use the resources to be transferred from the current > registrant. > OR > The recipient must show that they have acquired the entire corporate entity > which is the current registrant. > Timetable for implementation: Immediate > > Old text: > > Problem Statement: > It is not uncommon for an entity which has bought another entity (with > existing number resources) to leave Organizational data (Whois) in the name > of the acquired company. The requirements in Section 8.2 put a justification > burden on the acquiring organization, which was a legitimate protection while > free pool assignments were available. It is worth revisiting Section 8.2 and > looking for opportunities to simplify the policy in the interest of improving > the registry data. > Consider the following: > 1. Both organizations (acquirer, acquired) have justified their existing > number resources from an issuer (e.g. SRI-NIC, GSI, ARIN) under the policies > that were in force at the time of issuance. In short, the number resources > have already been justified once. > 2. ARIN does not customarily require organizations holding address space to > document utilization except when they are asking ARIN to issue more space. > 3. Section 8.2 M&A is not asking ARIN to issue more space or provide > authorization to acquire space in an 8.3 transfer. It is simply updating > ARIN's database to reflect the current reality, that being that control of a > company has changed. > Language that speaks of required return or transfer of space is of > questionable enforceability in the context of the current RSA (section 6, > "ARIN has no right to revoke any Included Number Resources under this > Agreement due to lack of utilization by Holder"). > Clauses that serve to scare organizations away from updating their > information are counter to the goal of good data in whois. > Policy should allow ARIN staff to concentrate finite resources on > ascertaining corporate chain of custody so as to minimize the chance of > fraudulent transfers rather than auditing space already issued. > This proposal suggests two changes: a paragraph change to better reflect > current practice, harmonize nomenclature with 8.3 ("new entity" vs > "recipient") and remove an operationally-focused sentence, and a paragraph > removal as it is the author's opinion that this paragraph has outlived its > usefulness. > Policy statement: > Replace the following paragraph: > For mergers and acquisition transfers, the recipient entity must provide > evidence that they have acquired assets that use the resources to be > transferred from the current registrant. ARIN will maintain an up-to-date > list of acceptable types of documentation. > with this conditional, moving it to the bottom of 8.2 for linguistic clarity: > AND one or more of the following: > The recipient must provide independently verifiable evidence that they have > acquired the assets that use the resources to be transferred from the current > registrant. > OR > The recipient must show that they have acquired the entire corporate entity > which is the current registrant. > Remove the following paragraph from Section 8.2 of the NRPM: > In the event that number resources of the combined organizations are no > longer justified under ARIN policy at the time ARIN becomes aware of the > transaction, through a transfer request or otherwise, ARIN will work with the > resource holder(s) to return or transfer resources as needed to restore > compliance via the processes outlined in current ARIN policy. > These two changes will leave Section 8.2 looking like this: > 8.2. Mergers and Acquisitions > ARIN will consider requests for the transfer of number resources in the case > of mergers, acquisitions, and reorganizations under the following conditions: > The current registrant must not be involved in any dispute as to the status > of the resources to be transferred. > The new entity must sign an RSA covering all resources to be transferred. > The resources to be transferred will be subject to ARIN policies. > The minimum transfer size is the smaller of the original allocation size or > the applicable minimum allocation size in current policy. > AND one or more of the following: > The recipient must provide independently verifiable evidence that they have > acquired the assets that use the resources to be transferred from the current > registrant. > OR > The recipient must show that they have acquired the entire corporate entity > which is the current registrant. > Timetable for implementation: Immediate > > regards > > John Springer > ARIN AC member and shepherd of 2016-9 > > _______________________________________________ > PPML > You are receiving this message because you are subscribed to the ARIN > Public Policy Mailing List (ARIN-PPML@arin.net). > Unsubscribe or manage your mailing list subscription at: > http://lists.arin.net/mailman/listinfo/arin-ppml > Please contact i...@arin.net if you experience any issues. _______________________________________________ PPML You are receiving this message because you are subscribed to the ARIN Public Policy Mailing List (ARIN-PPML@arin.net). Unsubscribe or manage your mailing list subscription at: http://lists.arin.net/mailman/listinfo/arin-ppml Please contact i...@arin.net if you experience any issues. _______________________________________________ PPML You are receiving this message because you are subscribed to the ARIN Public Policy Mailing List (ARIN-PPML@arin.net). Unsubscribe or manage your mailing list subscription at: http://lists.arin.net/mailman/listinfo/arin-ppml Please contact i...@arin.net if you experience any issues.