[47682] in North American Network Operators' Group

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Re: IP renumbering timeframe

daemon@ATHENA.MIT.EDU (David Schwartz)
Thu May 9 19:57:46 2002

From: David Schwartz <davids@webmaster.com>
To: <daveid@panix.com>
Cc: "nanog@merit.edu" <nanog@merit.edu>
Date: Thu, 9 May 2002 16:55:30 -0700
In-Reply-To: <Pine.NEB.4.44.0205091945470.23099-100000@panix2.panix.com>
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On Thu, 9 May 2002 19:46:53 -0400 (EDT), David R Huberman wrote:

>DS writes:

>>Nonetheless, ARIN is in the business of requiring compliance=
 with its
>>policies as a condition of IP address allocations.

>In the real world ARIN only looks at existing assignments to=
 judge the
>worthiness of an additional address space request. It doesn't=
 look at nor
>care about non-existent assignments.

=09It doesn't matter what ARIN looks at or cares about. As I said,=
 the ARIN 
agreement is intended to benefit the public at large, not just=
 ARIN and the 
entity that signs it.

>>Third parties can make reasonable arguments that they have=
 standing to
>>litigate these requirements on the grounds that the=
 requirements were
>>intended to benefit the public in general and hence they are=
 intended
>>beneficiaries.

>ARIN plays, at most, an advisory role to upstream/downstreams=
 vis-a-vis
>appropriate assignments. It does not get involved with legal=
 disputes nor
>does it ever directly instruct businesses how to conduct their=
 affairs

=09That is irrelevant. ARIN doesn't have to enforce its contracts.=
 Any party to 
a contract or any intended beneficiary to a contract can enforce=
 it. So if my 
upstream has a contract with ARIN, I can enforce that contract=
 even if ARIN 
doesn't choose to.

>Sure: organizations have successfully gotten more appropriate=
 assignments
>from upstreams by thrusting ARIN policies in front of an=
 obstinate
>upstream's face. Good.

>But those policies in no way preclude an upstream from taking=
 away
>downstream assignments - especially in the case of this thread,=
 where the
>customer/upstream relationship was terminated.

=09Okay, let's see if we agree on the following things:

=091) In general, your upstream obtains the IP addresses they=
 reassign to you 
from ARIN.

=092) To do this, your upstream signs a contract with ARIN that=
 states, 
"Company [your upstream] agrees, as a condition to submitting=
 this Agreement, 
to be bound by the terms of ARIN's Internet Protocol address=
 space allocation 
and assignment guidelines...".

=093) This contract is not intended only to benefit ARIN and the=
 Company 
signing it. It is specifically intended to benefit the=
 Internet-using public.

=09So if my upstream violates its agreement with ARIN, I can=
 litigate that 
violation even if ARIN chooses not to.

=09DS



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