[136826] in North American Network Operators' Group

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Re: "Leasing" of space via non-connectivity providers

daemon@ATHENA.MIT.EDU (Bill Woodcock)
Sat Feb 5 14:01:25 2011

From: Bill Woodcock <woody@pch.net>
In-Reply-To: <20110205182734.GB22325@vacation.karoshi.com.>
Date: Sat, 5 Feb 2011 11:01:00 -0800
To: bmanning@vacation.karoshi.com
Cc: NANOG list <nanog@nanog.org>
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org

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On Feb 5, 2011, at 10:27 AM, bmanning@vacation.karoshi.com wrote:
> If I justified an allocation 20 years ago, under the then current =
policy, it's presumptuous to presume the power of expropriation.

No one presumes it, and a lot of us are in the same boat as you, some of =
the addresses we're using predating the RIR system.

That said, there will always be people who will turn up on the mailing =
list, participating in the public policy process, who are not in that =
boat, and whose interests differ significantly, and who will speak in =
favor of those interests.

And the consensus of the public, the people who participate in the =
public policy process, is what decides=20

> If the RIR's and there active members want to take my right to use =
space away...

This is hyperbole.  The RIRs are not people, they have no desires, other =
perhaps than that of self-perpetuation.

I haven't heard _anyone_, active RIR member or otherwise, suggest that a =
right to _use_ space should be rescinded.  The only thing I've heard =
even the most vehement pro-reclamation people argue in favor of is =
reclamation of _unused_ space.

> I'm pretty sure that those arguments are going to be tested in the =
courts.


And ultimately, the courts uphold community standards.  Which is what =
the public expects.  If the community uses the public policy process to =
set a standard that you cannot meet, it's very _very_ unlikely that a =
court would side with you in the long term.  The community we live in =
generally believes that paint shouldn't have lead in it, and cars should =
have seatbelts, and people shouldn't beat their children when they get =
frustrated, and although each of those things was deemed a god-given =
right at one time, the courts would not side with someone who did any of =
them, anymore.

So I think the two questions here are whether you really have a =
grievance (I don't believe you do, since you haven't described a problem =
that many of the rest of us wouldn't also face), and if so, whether and =
how you can better your lot (and I think the answer to that is to =
participate in the public policy process and help establish community =
norms that you're comfortable with, rather than hoping that a court will =
buck the tide).

                                -Bill




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