[ncc-services-wg] 2023-03 Voluntary Transfer Lock

Hi all

I'm confused. Why are you trying to develop a services policy to override
an address policy? Why don't you just modify the address transfer policy
and include a voluntary,  temporary opt out from the transfer policy.

Why use indirection or double negatives when you can go straight to the
policy at the base of the question? All members signed an SSA committing
them to follow RIPE policies. If the policy itself includes the right to
opt out of the policy according to some conditions, then by invoking that
opt out the member is following the policy. By accepting the opt out the
RIPE NCC is also following the policy.

Cheers
Denis
Co-chair DB-WG

On Thu, 4 May 2023, 14:13 Athina Fragkouli, <afragkou at ripe.net> wrote:

> Dear Rob, all,
>
> At the last RIPE meeting in October 2022, a number of Ukrainian members
> asked for a way to prevent their resources from being transferred, even if
> a request was submitted that was compliant with RIPE policy.
>
> As the RIPE policy does not currently give the RIPE NCC the right to
> reject a compliant transfer request, we expressed our reluctance to take
> any decisions that would violate the RIPE policies, as this would
> potentially expose the RIPE NCC to liability and set a dangerous precedent.
>
> If, for example, a resource holder that has asked the RIPE NCC to restrict
> their ability to transfer resources later sends a policy-compliant transfer
> request, we would have a hard time rejecting their request without a
> relevant RIPE policy. In such a case, the resource holder may accuse the
> RIPE NCC of not adhering to RIPE policies or delaying the transfer without
> a solid basis.
>
> One might argue that the earlier request (to prevent any transfers)
> accompanied by some form of signed agreement could provide such a solid
> basis. However, the RIPE NCC cannot enter into agreements that violate RIPE
> policies or restrict their applicability. Any legal framework the RIPE NCC
> creates is to facilitate the implementation of RIPE policies, never to
> violate or restrict them.
>
> Recognising the time needed to develop a policy and the related PDP
> timeframes, and the level of support expressed by the RIPE community for a
> temporary solution, the RIPE NCC Executive Board decided in December 2022
> to allow members and End Users (represented by their sponsoring LIRs) to
> request the prevention of their resources from being transferred for a
> period of six months, (i.e. until 1 July 2023):
>
> https://www.ripe.net/about-us/executive-board/minutes/2022/minutes-163rd-executive-board-meeting
>
> The RIPE NCC Executive Board will review this decision in June. This
> temporary solution was based on an explicit understanding that the RIPE
> community would use this time to develop a RIPE policy that provides a more
> permanent solution.
>
> Kind regards,
>
> Athina Fragkouli
> Chief Legal Officer
> RIPE NCC
>
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