Tossing my support onto the pile for this one. On Tue, Jan 24, 2017 at 4:16 PM Roberts, Orin <orobe...@bell.ca> wrote:
> 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. > -- Alyssa Moore Policy & Strategy Analyst Cybera
_______________________________________________ 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.