Permission to Transfer and Non-Return of Resources

LAC-2021-4-v1 LAC-2021-4-v2 Vs
References:
New
Deleted
Modified
Authors

Name: Jordi Palet Martínez
Email: jordi.palet@theipv6company.com
Organization: The IPv6 Company

Name: Jordi Palet Martínez
Email: jordi.palet@theipv6company.com
Organization: The IPv6 Company

Summary

This proposal corrects an inconsistency between the requirement to justify the need for IPv4 resources and the possibility of transferring such resources.

The proposal also takes the opportunity to solve three aspects that appear in the IPv4 portion of the Policy Manual, but which clearly apply to all resources.

This proposal corrects an lack of clarity or inconsistency between the requirement to justify the need for IPv4 resources and the possibility of transferring such resources.

The proposal also takes the opportunity to solve three aspects that appear in the IPv4 portion of the Policy Manual, but which clearly apply to all resources.

Rationale (Describe the problem you intend to solve)

When we approved LACNIC's transfer policies, we failed to consider that certain inconsistencies existed in the Policy Manual which created discrepancies in the text. Basically, resources are assigned based on need. However, if a resource recipient wishes to transfer their resources, it is because their need has disappeared. In this case, it would seem obvious that the reasonable thing to do would be to return rather than to transfer the resources.

Clearly, by approving the transfer policies, the community has accepted that it is preferable to transfer these resources so that others in need can use them, rather than demanding that the resources be returned – which would usually not occur or would be delayed in time. Furthermore, if a transfer is rejected for whatever reason, there would clearly be a breach of the needs-based requirement.

In addition, three sections included in the IPv4 portion of the Policy Manual (2.3.2.13.2. Geolocation, 2.3.2.14. Security and Confidentiality, 2.3.2.15. Equal Processing of All Applications) clearly apply to IPv4, IPv6, and even ASN resources, so the reasonable thing to do would be to move these texts to Section 1, Definitions. Because these are minor editorial changes, they can be fixed without the need to submit a separate proposal.

When we approved LACNIC's transfer policies, we failed to consider that certain inconsistencies existed in the Policy Manual which created discrepancies in the text. Basically, resources are assigned based on need. However, if a resource recipient wishes to transfer their resources, it is because their need has disappeared. In this case, it would seem obvious that the reasonable thing to do would be to return rather than to transfer the resources.

Clearly, by approving the transfer policies, the community has accepted that it is preferable to transfer these resources so that others in need can use them, rather than demanding that the resources be returned – which would usually not occur or would be delayed in time. Furthermore, if a transfer is rejected for whatever reason, there would clearly be a breach of the needs-based requirement.


In addition, three sections included in the IPv4 portion of the Policy Manual (2.3.2.13.2. Geolocation, 2.3.2.14. Security and Confidentiality, 2.3.2.15. Equal Processing of All Applications) clearly apply to IPv4, IPv6, and even ASN resources, so the reasonable thing to do would be to move these texts to Section 1, Definitions. Because these are minor editorial changes, they can be fixed without the need to submit a separate proposal.

Current text

No such text exists.

2.3.2.13.2 Geolocation

In addition to the information available in the WHOIS database, the assignments made by LACNIC and the sub-assignments made by its members will be published in a file along with information on the country in which the prefix was assigned. This file will be available for the community to download freely. Among other uses, this file may be used to geolocate an IP address.

The file's format and the place where it will be published will be defined by the LACNIC staff.

2.3.2.14. - Security and Confidentiality

LACNIC shall maintain systems and practices that oversee and protect the confidentiality of all information entrusted to LACNIC in the documentation submitted to justify the allocation or assignment of IPv4 addresses.

2.3.2.15. - Equal Processing of All Applications

LACNIC shall process every application strictly in the order in which they are received, regardless of geographical factors, demographic factors, language, etc. Under no circumstance shall LACNIC grant special treatment or make exceptions to the norm established for application processing. For this purpose, LACNIC shall use an application numbering system that will allow their proper administration.

No such text exists.

2.3.2.13.2 Geolocation

In addition to the information available in the WHOIS database, the assignments made by LACNIC and the sub-assignments made by its members will be published in a file along with information on the country in which the prefix was assigned. This file will be available for the community to download freely. Among other uses, this file may be used to geolocate an IP address.

The file's format and the place where it will be published will be defined by the LACNIC staff.

2.3.2.14. - Security and Confidentiality

LACNIC shall maintain systems and practices that oversee and protect the confidentiality of all information entrusted to LACNIC in the documentation submitted to justify the allocation or assignment of IPv4 addresses.

2.3.2.15. - Equal Processing of All Applications

LACNIC shall process every application strictly in the order in which they are received, regardless of geographical factors, demographic factors, language, etc. Under no circumstance shall LACNIC grant special treatment or make exceptions to the norm established for application processing. For this purpose, LACNIC shall use an application numbering system that will allow their proper administration.

New text

2.3.6. Permission to Transfer and Non-Return of Resources

While address allocation and assignment policies are initially based on the justification of need, in practice, the introduction of transfers means that it is no longer necessary to maintain this justification. Therefore, even in case of failed transfers, returning the resources to LACNIC will no longer be required and, instead, the resources must be transferred on successive occasions.

(Move to Section 1. Definitions)

1.x. Geolocation

In addition to the information available in the WHOIS database, the assignments made by LACNIC and the sub-assignments made by its members will be published in a file along with information on the country in which the prefix was assigned This file will be available for the community to download freely. Among other uses, this file may be used to geolocate an IP address.

The file's format and the place where it will be published will be defined by the LACNIC staff.

(Move to Section 1. Definitions)

1.x. Security and Confidentiality

LACNIC shall maintain systems and practices to safeguard and protect the confidentiality of all information entrusted to LACNIC, for example, the documentation submitted to justify resource requests.

(Move to Section 1. Definitions)

1.x Equal Processing of All Applications

LACNIC shall process every application strictly in the order in which they are received, regardless of geographical factors, demographic factors, language, etc.

Under no circumstance shall LACNIC grant special treatment or make exceptions to the norm established for application processing. For this purpose, LACNIC shall use an application numbering system that will allow their proper administration.

2.3.6. Permission to Transfer and Non-Return of Resources

While address allocation and assignment policies are initially based on the justification of need,
in practice, the implementroducation of transfers mealimins that it ies no longther necessaryd to maintain this justification. Therefore, even in case of failed transfers, returning the resources to LACNIC will no longer be required and, instead, the resources must be transferred on successive occasions.

(Move to Section 1. De
finitions)

1.x.
Geolocation

In addition to the in
formation available in the WHOIS database, the assignments made by LACNIC and the sub-rassignments made by its members will be published in a file along with information on the country in which the prefix was assigned This file will be available for the community to download freely. Among other uses, this file may be used to geolocate an IP address.

The file's format
and the place where it will be published will be defined by the LACNIC staff.

(Move to Section 1. Definitions)

1.x. Security and Confidentiality

LACNIC shall maintain systems and practices to safeguard and protect the confidentiality of all information entrusted to LACNIC, for example, the documentation submitted to justify resource re
quests.

(Move to Sect
ion 1. Definitions)

1.x Equal Proces
sing of All Applications

LACNIC shall process every application strictly in the order in which they are received, regardless of geographical factors, demographic factors, language, etc.

Under no circumstance shall LACNIC grant special treatment or make exceptions to the norm established for application processing. For this purpose, LACNIC shall use an application numbering system that will allow their proper administration
.

Additional information

In several RIRs, legal documents (service agreement) and/or policies have already been modified to avoid contradictions between the need to return any resources whose use is not justified and their transfer.

In several RIRs, legal documents (service agreement) and/or policies have already been modified to avoid contradictions between the need to return any resources whose use is not justified and their transfer.

References

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