[governance] Good contribution on IP addresses and Internet Governance

[John Curran]

On Apr 25, 2011, at 9:46 AM, Milton L Mueller wrote:

> First, it claims that organizations that were given IP addresses without a contract are contractually bound to obligations created by organizations (RIRs) that didn't exist when the addresses were handed out. Legally, just flat wrong.

Milton - 
 
  Is that your legal opinion?  I'll note that at formation, ARIN agreed with
  the US Government to provide registration services for *all* registrations
  that were not within the RIPE and APNIC regions, and that we would have a 
  private sector led policy development process which was open to all for   
  establishing the policies for the registry.

> Further, the intervention had to be withdrawn from the Nortel bankruptcy proceeding because it was late, procedurally clueless and the intervenor had no standing in the process. 

  Actually, I'm told it was withdrawn because the the parties (NNI/Microsoft) 
  had submitted their revised asset purchase agreement which was modified as 
  requested by ARIN.  ARIN has never asserted that registrants have no rights 
  with respect address blocks registered to them (as that would actually run 
  contrary to one of the key goals of the registry itself in making address 
  blocks available for exclusive use of the registrant)  As part of the registry 
  services offered by ARIN, address block holders do have various rights (such 
  as the right to be the exclusive registrant, to update their registration 
  information, and even the right to transfer their address blocks to another 
  party), but all of this occurs in compliance with policies developed by the 
  community.   The rights to do these things in ARIN"s registration database 
  are quite real, but do not create any "personal property interest" in the 
  IP addresses.

  Earlier today, the court approved the revised agreements, and the resources
  will indeed be transferred as a result.  With the depletion of unissued IPv4 
  addresses looming globally, the ARIN community has developed a transfer policy 
  designed to permit those with unneeded address space to transfer their right 
  to use them to other organizations that can demonstrate the need for the 
  resources.  In this manner, the specified-transfer policy allows market 
  incentives to drive better utilization of IPv4 address resources, and I am
  quite pleased that the parties were able to make the transaction work via
  this mechanism.  Press release here: 

  http://www.marketwire.com/press-release/Microsoft-Receives-Court-Approval-for-Transfer-as-Agreed-With-ARIN-1506594.htm

  Anyone who has questions feel free to drop me email.

Thanks!
/John

John Curran
President and CEO
ARIN



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