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<div>Dear Nick and others,<br>
<font color="#0f61c8"><br>
</font>As requested, I am writing to provide clarification about
the process the RIPE NCC follows to establish the legitimate
holder of PI address space, and to outline how a case may be
escalated.<br>
<font color="#0f61c8"><br>
</font>As mentioned earlier, Registration Services is currently in
contact with hundreds of potential PI resource holders. For the
most part, the more straightforward cases have already been
resolved. What is left now are those cases where things are not
quite so clear-cut: a resource may have changed hands several
times, and there is often no paper trail documenting this. In many
cases, these resources have never been announced or have not been
announced for a very long time, etc.<br>
<font color="#0f61c8"><br>
</font>Every potential resource holder is given three months to
produce documentation that demonstrates the legitimacy of their
claim. We sometimes give extensions when we feel that good
progress is being made. However, at some point we do have to start
the de-registration procedure. From here, the potential resource
holder still has an additional 90 days to find the required
documentation. </div>
<div><br>
</div>
<div>We explore a number of options to find a satisfactory
solution. In cases where all available options have been exhausted
but the IPRA feels reasonably certain about the legitimacy of the
claim, they may escalate the request to management for a final
decision. Similarly, the IPRA may also escalate the matter, either
at the request of the other party or following internal procedures
if the communication becomes difficult. If no agreement can be
reached even after the matter has been escalated, we inform the
potential resource holder that they can ask their potential
sponsoring LIR to object to our decision via the Arbiters Panel.
During arbitration, all ongoing processes are frozen.</div>
<div><br>
</div>
<div>You can find out more about the RIPE NCC's Arbitration Process
here: </div>
<div><a
href="http://www.ripe.net/lir-services/ncc/legal/arbitration">http://www.ripe.net/lir-services/ncc/legal/arbitration</a><br>
<font color="#0f61c8"><br>
</font>Finally, I would like to highlight that out of the
thousands of resources we have dealt with as part of the 2007-01
project, very few cases that have come this far. In the
overwhelming majority of (legitimate) cases, we are able to
resolve matters satisfactorily for both parties. Regarding the
request that started this thread, please note that we will do our
best to resolve this matter with the other party.<br>
<font color="#0f61c8"><br>
</font>Kind regards<br>
<font color="#0f61c8"><br>
</font>Ingrid Wijte<br>
RIPE NCC</div>
<br>
<br>
<div class="moz-cite-prefix">On 8/14/13 5:20 PM, Nick Hilliard
wrote:<br>
</div>
<blockquote cite="mid:520BA032.1080204@inex.ie" type="cite">
<pre wrap="">On 14/08/2013 16:08, Mikael Abrahamsson wrote:
</pre>
<blockquote type="cite">
<pre wrap="">No, that hasn't happened because the person didn't know about it.
</pre>
</blockquote>
<pre wrap="">
It's the same as dispute resolution everywhere else: if there is an issue
which isn't resolved on the front desk, then you escalate. The Arbitration
/ dispute resolution process is not as well known as it might be, but it
has existed for donkeys years:
<a class="moz-txt-link-freetext" href="http://www.ripe.net/lir-services/ncc/legal/arbitration">http://www.ripe.net/lir-services/ncc/legal/arbitration</a>
</pre>
<blockquote type="cite">
<pre wrap="">Personally I dislike a policy that requires someone to know innards of RIPE
NCC in order to get reasonable treatment. As far as I can tell, the
hostmaster in question didn't offer these alternatives.
</pre>
</blockquote>
<pre wrap="">
It sounds like there may be scope for the IPRA team to educate PI holders
on their options, and this might be something that the RIPE NCC management
to think about. This will end up being fairer for the PI holders, and will
also protect the RIPE NCC from allegations of unfair practice. Phase three
of 2007-01 will produce difficult cases.
Could someone from the RIPE NCC comment on general procedures surrounding
what they might do in circumstances where there the holdership of the PI
resources is unclear? And what the escalation options are?
Nick
</pre>
</blockquote>
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