[47686] in North American Network Operators' Group
Re: IP renumbering timeframe
daemon@ATHENA.MIT.EDU (David Schwartz)
Thu May 9 20:51:27 2002
From: David Schwartz <davids@webmaster.com>
To: <daveid@panix.com>
Cc: "nanog@merit.edu" <nanog@merit.edu>
Date: Thu, 9 May 2002 17:50:52 -0700
In-Reply-To: <Pine.NEB.4.44.0205092014360.4052-100000@panix2.panix.com>
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On Thu, 9 May 2002 20:17:32 -0400 (EDT), David R Huberman wrote:
>I'm not a lawyer and cannot answer the questions you pose.
>
>However I fail to see why the interesting legal principles you=
are
>espousing have anything to do with the original topic of this=
thread: an
>upstream revoking an assignment upon the severing of its=
relationship with
>its downstream.
=09Because the upstream agreed by contract to be bound by the terms=
of ARIN's
address space allocation and assignment guidelines. So if ARIN's=
guidelines
specify a grace period to renumber and that grace period was not=
given, the
upstream is in violation of their contract with ARIN. I'm arguing=
that the
downstream has legal standing to litigate that violation.
=09There are any number of documents that specify grace periods for=
renumbering. So the question is, do any of these meet the status=
of "ARIN
address space allocation and assignment guidelines"? If they do,=
then the
downstream has a legal argument that the upstream is in violation=
of a
contract to which the downstream is an intended beneficiary.
=09The paragraph below is from a documented specifically identified=
as an IP
allocation guideline:
"IP addresses are allocated to ISPs in contiguous blocks, which=
should remain
intact. Fragmentation of blocks is discouraged. To avoid=
fragmentation, ISPs
are encouraged to require their customers to return address space=
if they
change ISPs. Therefore, if a customer moves to another service=
provider or
otherwise terminates its contract with an ISP, it is recommended=
that the
customer return the network addresses to the ISP and renumber=
into the new
provider's address space. The original ISP should allow=
sufficient time for
the renumbering process to be completed before requiring the=
address space to
be returned."
=09So now we can argue over what "recommended" and "should" mean.=
If a person
signs a contract that says they "should" do X, they probably will=
need to
show good reason to not do Y if I'm harmed by that decision.=
Other statements
may be more definitive. This particular dispute isn't important=
enough to me
for me to do all the necessary research. I'm just trying to=
suggest an
important legal angle that may have been overlooked.
=09DS
