Re: [IANAxfer@apnic] Fwd: Key elements of the transition of IANAstewardship
Thank you and please see below.
Best,
Richard
> -----Original Message-----
> From: ianaxfer-bounces@apnic.net [mailto:ianaxfer-bounces@apnic.net]On
> Behalf Of David Conrad
> Sent: jeudi, 11. septembre 2014 06:54
> To: ianaxfer@apnic.net
> Subject: [IANAxfer@apnic] Fwd: Key elements of the transition of
> IANAstewardship
>
>
> (Forwarding as requested)
>
> Regards,
> -drc
>
> Begin forwarded message:
>
> > From: John Curran <jcurran@arin.net>
> > Subject: Re: [IANAxfer@apnic] Key elements of the transition of
> IANA stewardship
> > Date: September 10, 2014 at 6:29:06 PM PDT
> > To: David Conrad <drc@virtualized.org>
> > Cc: Richard Hill <rhill@hill-a.ch>
> >
> > On Sep 10, 2014, at 8:27 PM, David Conrad <drc@virtualized.org> wrote:
> >>
> >> Paging John Curran (cc’d on this note on the off chance that
> he isn’t on this list): what would ARIN do if ICANN told ARIN to
> transfer 18/8 to Richard Hill?
> >> ...
> >
> > ARIN would first instruct ICANN to place the instruction in writing...
> >
> > Upon receiving such a directive, we'd send a polite reply indicating
> > that ARIN can only update the registry based on adopted global and
> > regional number resource policies. As there is no policy which allows
> > for that transfer (and there is no provision for ICANN to create a
> > global number resource policy), the ICANN instruction would be invalid.
Yes. And ICANN would report that to the court, and the court would report
that to the plaintiff. The plaintiff would then likely ask the court to
order ARIN directly, which the court might do. And ARIN would have to
comply with a direct court order.
As discussed in some detail on the IANA Transition list, if one is worried
about such a scenario, then possible counter-measures including envisaging
that the IANA function would have immunity of jurisdiction or that the IANA
function could physically move to a different jurisdiction if threatened
with such a court order.
> >
> > FYI,
> > /John
> >
> > John Curran
> > President and CEO
> > ARIN
> >
> > p.s. David - Feel free to forward to IANAxfer@apnic; I'll
> confess that I
> > am not subscribed to every single Internet mailing list... it just
> > seems that way. :-)
>
>