[rpd] New version of policy Proposal - IPv4 Inter-RIR Resource Transfers.

[Owen DeLong]

I oppose this version of the policy proposal.

Section 5.7 needs to be amended to allow the source of the transferred resources
to be a resource holder from any RIR, not just AFRINIC.

This may seem like a minor NIT, but as written, the policy would be outbound only
and not symmetrical (thus not reciprocal), so fixing this is important. Admittedly,
the text in 5.7 is inconsistent with the subsequent text in this regard, but
it is possible to interpret the limitations expressed in the proposed 5.7 as
overriding the expressed possibilities in the subsequent proposed sections.

I suspect that the 5.7 text is an accident on the part of the author and that
this limitation was not intended.

5.7.1 should point to the policy that does cover M&A transfers rather than simply
	state that this policy does not apply to them.

I oppose section 5.7.5 because AFRINIC has already demonstrated a propensity
to make arbitrary and capricious decisions about compliance based not on the
actual text of the contracts, bylaws, or CPM, but on their own creative
interpretations thereof.

The pre-check authorized by section 5.7.5 should be limited to deterministic
factors which can achieve a binary outcome strictly on provable facts and not
be subject to staff interpretation and judgment, as staff has already
proven on numerous occasions that it cannot be trusted to exercise good judgment
or achieve prudent or accurate determinations in such matters.


Proposed modified text:

5.7 IPv4 Transfers

This policy applies to organizations with a justified need for IPv4 resources (recipients) and organizations with IPv4 resources which no longer need (sources).

The resources to be transferred must be from an existing resource holder of a direct allocation or assignment from an IANA[1] accredited RIR or a legacy resource holder registered and recognized as the current registrant of the addresses to be transferred by the applicable IANA[1] accredited RIR.

5.7.1 — Mostly fine, just add the needed cross-reference to the M&A policy section.

5.7.5 Transfer pre-check

Where the source of a transfer is a resource member of AFRINIC, AFRINIC will perform a pre-check prior to authorizing the transfer which shall include validation of the following items:
	+	Resource member is a member in good standing
	+	Resource member is the current registrant of record for the resources being transferred
	+	Resource member’s registration of the resources is not credibly disputed by any third party
	+	Resource member’s fees are current with AFRINIC

[1] At the time of writing, this IANA function is performed by ICANN in accordance with ICP-2.



Author is, of course welcome to accept, decline, or modify these proposed edits as they see fit, but these edits, as
written, would allow me to support the proposal as written.

Owen

> On Oct 4, 2021, at 10:33 AM, PDWG Chair <dacostadarwin at gmail.com> wrote:
> 
> Hello PDWG Members,
> 
> We have received a new version of policy Proposal - IPv4 Inter-RIR Resource Transfers (Comprehensive Scope) - AFPUB-2019-IPv4-002-DRAFT06 from author Jordi Palet Martinez. 
> 
> The proposal contents are published at: 
> https://afrinic.net/policy/proposals/2019-ipv4-002-d6 <https://afrinic.net/policy/proposals/2019-ipv4-002-d6>
> 
> Please take some time to go through the proposal contents and provide your
> feedback.
> 
> Regards,
> 
> PDWG Co-Chair.
> 
> _______________________________________________
> RPD mailing list
> RPD at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/rpd

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