Board of Trustees Meeting Minutes - 18 March 2009 [Archived]

Teleconference

Attendees:

• John Curran, Chair
• Scott Bradner, Treasurer
• Timothy Denton, Trustee
• Lee Howard, Secretary
• Paul Vixie, Trustee
• Bill Woodcock, Trustee

ARIN Staff:

• Thérèse Colosi, Scribe
• Nate Davis, COO

ARIN Counsel:

• Stephen M. Ryan

1. Welcome

The Chair called the meeting to order at 11:08 a.m. EDT. The presence of quorum was noted.

2. Agenda Bashing

The Chair called for any comments. There were no comments.

3. Approval of the Minutes

Lee Howard, as Secretary, moved:

“The ARIN Board of Trustees approves the Minutes of February 6, 2009, as written.”

This was seconded by Scott Bradner. The Chair called for discussion. Scott suggested a friendly amendment to change ‘as written’ to ‘as presented’ as some minor edits had been made on the Board’s list. Lee accepted the friendly amendment. The new motion reads:

“The ARIN Board of Trustees approves the Minutes of February 6, 2009, as presented.”

The Chair called for any objections. There were no objections.

The motion carried unanimously with no objections.

4. Policy 2008-6: Emergency Transfer Policy for IPv4 Addresses

The Chair explained that the outcome of the discussion of Policy Proposal 2008-6: Emergency Transfer Policy for IPv4 Addresses, during the Board’s February 6, 2009 meeting was not acceptable under Counsel’s advisement. The Chair stated the Board needs a motion to rescind the motion that was made on February 6, regarding their edits to this prior ‘Draft’ Policy, and the Declaration of a State of Emergency.

Scott Bradner moved:

“The ARIN Board of Trustees rescinds the Declaration of the State of Emergency and edits made to 2008-6: Emergency Transfer Policy for IPv4 Addresses, at the last Board meeting on February 6, 2009.”

This was seconded by Lee Howard. The Chair stated that the emergency edits the Board had made exposed ARIN to undue risk. Scott Bradner further explained that it did not follow the process they had defined. The Chair confirmed that this motion was ‘in order’ due to the fact that the Board had deferred the policy’s implementation.

The motion carried unanimously via roll call.

Bill Woodcock joined the call at this time (11:14 a.m. EDT). The Chair briefed him on the meeting in progress.

5. Introduction of policy per the Emergency Section of the Policy Development Process (PDP)

Given the delay of implementation, the Chair explained that a motion to initiate the Emergency section of the PDP was in order.

Scott Bradner moved:

“The ARIN Board of Trustees, noting that a gap in transfer policy limits the availability of IPv4 address space at a time when otherwise available IPv4 address space will become scarce, declares this gap to be an Emergency, and hereby directs the Chair to initiate the Emergency Policy Development Process with the policy proposal in Attachment B.”

This was seconded by Lee Howard. The Chair called for discussion. The Board reviewed attachment B. The Chair reviewed the policy process and the 10 day review period. He stated that because of the emergency policy process, this policy will be discussed at the upcoming ARIN meeting in San Antonio in April.

he motion carried with 5 in favor and 1 against (Bill Woodcock) via roll call.

6. Any Other Business

The Chair called for any other business. The Chair updated the Board regarding the Search Committee’s efforts in finding a new President and CEO for ARIN. He stated they have someone in mind, but need to finalize the details. He requested a teleconference be set for early next week to introduce the candidate to the Board. He stated that hiring process could begin if there were no objections from the Board.

7. Adjournment

The Chair entertained a motion to adjourn at 11:29 a.m. EDT. Scott Bradner moved to adjourn, and this was seconded by Lee Howard. The motion carried unanimously.

Attachment B

Suggested Changes to NRPM to Accommodate 2008-6 and Other Proposed Edits

Add Section 2.8:

“Organization. An Organization is one or more legal entities under common control or ownership.”

8. Transfers

8.1. Principles

Number resources are non-transferable and are not assignable to any other organization unless ARIN has expressly and in writing approved a request for transfer. ARIN is tasked with making prudent decisions on whether to approve the transfer of number resources.

It should be understood that number resources are not “sold” under ARIN administration. Rather, number resources are assigned to an organization for its exclusive use for the purpose stated in the request, provided the terms of the Registration Services Agreement continue to be met and the stated purpose for the number resources remains the same. Number resources are administered and assigned according to ARIN’s published policies.

Number resources are issued, based on justified need, to organizations, not to individuals representing those organizations. Thus, if a company goes out of business, regardless of the reason, the point of contact (POC) listed for the number resource does not have the authority to sell, transfer, assign, or give the number resource to any other person or organization. The POC must notify ARIN if a business fails so the assigned number resources can be returned to the available pool of number resources if a transfer is not requested and justified.

8.2. Mergers and Acquisitions

ARIN will consider requests for the transfer of number resources in the case of mergers and acquisitions upon receipt of evidence that the new entity has acquired the assets which had, as of the date of the acquisition or proposed reorganization, justified the current entity’s use of the number resource. Examples of assets that justify use of the number resource include, but are not limited to:

• Existing customer base
• Qualified hardware inventory
• Specific software requirements.

In evaluating a request for transfer, ARIN may require the requesting organization to provide any of the following documents, as applicable, plus any other documents deemed appropriate:

• An authenticated copy of the instrument(s) affecting the transfer of assets, e.g., bill of sale, certificate of merger, contract, deed, or court decree. A detailed inventory of all assets utilized by the requesting party in maintaining and using the number resource
• A list of the requesting party’s customers using the number resource.

If further justification is required, the requesting party may be asked to provide any of the following, or other supporting documentation, as applicable:

• A general listing of the assets or components acquired
• A specific description of acquisitions, including:
  • Type and quantity of equipment
  • Customer base
• A description of how number resources are being utilized
• Network engineering plans, including:
  • Host counts
  • Subnet masking
• Network diagrams
  • Reassignments to customers

8.3 Transfers to Specified Recipients

Number resources may be released, in whole or in part, to ARIN for transfer to another specified organizational recipient, by any authorized resource holder within the ARIN region. Such transferred number resources may only be received by organizations that are within the ARIN region and can demonstrate the need for such resources in the exact amount which they can justify under current ARIN policies.

As currently exists in the NRPM:

8. Transfers

8.1. Transfers

Number resources are non-transferable and are not assignable to any other organization unless ARIN has expressly and in writing approved a request for transfer. ARIN is tasked with making prudent decisions on whether to approve the transfer of number resources.

It should be understood that number resources are not “sold” under ARIN administration. Rather, number resources are assigned to an organization for its exclusive use for the purpose stated in the request, provided the terms of the Registration Services Agreement continue to be met and the stated purpose for the number resources remains the same. Number resources are administered and assigned according to ARIN’s published policies.

Number resources are issued, based on justified need, to organizations, not to individuals representing those organizations. Thus, if a company goes out of business, regardless of the reason, the point of contact (POC) listed for the number resource does not have the authority to sell, transfer, assign, or give the number resource to any other person or organization. The POC must notify ARIN if a business fails so the assigned number resources can be returned to the available pool of number resources if a transfer is not requested and justified.

8.2. Transfer Requirements

ARIN will consider requests for the transfer of number resources only upon receipt of evidence that the new entity has acquired the assets which had, as of the date of the acquisition or proposed reorganization, justified the current entity’s use of the number resource. Examples of assets that justify use of the number resource include, but are not limited to:

• Existing customer base
• Qualified hardware inventory
• Specific software requirements.

8.3. Documentation Requirements

In evaluating a request for transfer, ARIN may require the requesting organization to provide any of the following documents, as applicable, plus any other documents deemed appropriate:

• An authenticated copy of the instrument(s) effecting the transfer of assets, e.g., bill of sale, certificate of merger, contract, deed, or court decree
• A detailed inventory of all assets utilized by the requesting party in maintaining and using the number resource
• A list of the requesting party’s customers using the number resource.

If further justification is required, the requesting party may be asked to provide any of the following, or other supporting documentation, as applicable:

• A general listing of the assets or components acquired
• A specific description of acquisitions, including:
  • Type and quantity of equipment
  • Customer base
• A description of how number resources are being utilized
• Network engineering plans, including:
  • Host counts
  • Subnet masking
  • Network diagrams
  • Reassignments to customers