1. www.mwe.com Boston Brussels Chicago Düsseldorf Houston London Los Angeles Miami Milan Munich New York Orange County Rome San Diego Silicon Valley Washington, D.C. Strategic alliance with MWE China Law Offices (Shanghai) © 2011 McDermott Will & Emery LLP. McDermott operates its practice through separate legal entities in each of the countries where it has offices. This communication may be considered attorney advertising. Previous results are not a guarantee of future outcome. The following legal entities are collectively referred to as "McDermott Will & Emery," "McDermott" or "the Firm": McDermott Will & Emery LLP, McDermott Will & Emery/Stanbrook LLP, McDermott Will & Emery Rechtsanwälte Steuerberater LLP, MWE Steuerberatungsgesellschaft mbH, McDermott Will & Emery Studio Legale Associato and McDermott Will & Emery UK LLP. These entities coordinate their activities through service agreements. This communication may be considered advertising under the rules regulating the legal profession. Policy and Legal Issues Relating to Internet Protocol (IP) Number Resources: The Runout of IPv4 Stephen M. Ryan, Esq. Tel. 202-756-8333 sryan@mwe.com

2. Stephen M. Ryan sryan@mwe.com2 About ARIN  Regional Internet Registry (RIR) – Established December 1997 by Internet community  100% community funded ARIN’s region includes Canada, many Caribbean and North Atlantic islands, US Minor Outlying Islands, and the United States. 2

3. Stephen M. Ryan sryan@mwe.com3  IETF RFC 2050 Formally defines the RIR system and sets three goals for IP address space management: – conservation – routability – uniqueness/aggregation – registration  ICANN ICP-2 Requires adherence to global policies regarding address space conservation, aggregation, and registration. ARIN is an ICP-2 recognized registry. Key Regional Registry System Documents 3

4. Stephen M. Ryan sryan@mwe.com4  Applying the principles of stewardship, ARIN, a nonprofit corporation: – allocates Internet Protocol resources; – develops consensus-based policies; and – facilitates the advancement of the Internet through information and educational outreach. ARIN’s Mission 4

5. Stephen M. Ryan sryan@mwe.com5 IP Addresses  IP Addresses Identify Internet Path Points – Source, intermediate point, destination  IP Addresses Do Not Identify – Geographic location of Path Point – Who has it – Who gave it to the consumer – The reason for obtaining it

6. Stephen M. Ryan sryan@mwe.com6 IP Address vs. Domain Name IP ADDRESSDOMAIN NAME IdentifierReference Computer FriendlyPeople Friendly Identifies Point on InternetMaps Name to Unique Number Used to Move InformationUsed to Store Information

7. Stephen M. Ryan sryan@mwe.com7 About IPv4 and IPv6 IP versionIPv4IPv6 Deployed 19811999 Address Size 32-bit number128-bit number Address Format Dotted Decimal Notation: 192.0.2.76Hexadecimal Notation: 2001:0DB8:0234:AB00: 0123:4567:8901:ABCD Number of Addresses 2 32 = 4,294,967,296 (AKA 4 billion) 2 128 = 340,282,366,920,938,463, 463,374,607,431,768,211,456 (AKA 16 billion billion) Examples of Prefix Notation 192.0.2.0/24 10/8 2001:0DB8:0234::/48 2600:0000::/12 7

8. Stephen M. Ryan sryan@mwe.com8 Terminology: “CIDR”  Classless Inter-Domain Routing (CIDR)  Replaced Classful System – IP address assignments restructured to increase efficiency – Hierarchical address scheme to minimize route table entries  Legacy Space – Numbering resources issued prior to the establishment of the RIR system (Class A, B and C addresses fall into this category)

9. Stephen M. Ryan sryan@mwe.com9 Discussing IPv4 CIDR PrefixClassNumber of Host Addresses /241 Class C256 /224 Class C1,024 /2016 Class C4,096 /161 Class B65,536 /81 Class A16,777,216

10. Stephen M. Ryan sryan@mwe.com10 IPv4 Depletion Situation Report  The RIRs have needed between 8 and 12 /8s each year worldwide  There were seven /8s remaining in the available pool this morning!  Today is “D Day” – 2 are being allocated today to APNIC, and as a result, each of the 5 RIRs will be given one last /8. All unused IPv4 issued as of today to RIRs. “Run dry” will occur faster in certain regions than others 10

11. Stephen M. Ryan sryan@mwe.com11 IPv4 & IPv6 Will Coexist Today, the Internet is predominantly based on IPv4. For the foreseeable future, the Internet must run both IP versions (IPv4 & IPv6) at the same time. (When done on a single device, this is called the “dual-stack” approach.) 11

12. Stephen M. Ryan sryan@mwe.com12 IP Addresses Are Not “Owned”  IP Addresses are NOT Property: Loaned for use  IETF RFC 2008 Defines “Loan” Concept

13. Stephen M. Ryan sryan@mwe.com13 ARIN Post-Depletion Policies  The ARIN community has established policies for post-depletion to help satisfy the requirements of those with valid need for additional IPv4 address space: – Substantially reduce size of allocations: 3 months v. 1 year – Encourage return of address space and its reuse

14. Stephen M. Ryan sryan@mwe.com14 ARIN Transfer Policies – ARIN always permitted M&A change in IP – New ARIN policy permits voluntary specified transfer: Provides incentive for a party that may be able to free up IP address blocks (e.g. by renumbering) to be able to transfer space to a party which qualifies to receive space per ARIN’s existing number resource policies. Not a market, per se, but it enables limited market-like behavior for those who have qualified need for address space for their infrastructure growth. – ARIN approves address space request from a recipient as usual, but then notes qualification if no ARIN resources are available. – If transferor and recipient both agree, ARIN receives address space from the transferor, and updates registration to reflect recipient. – ARIN is not party to compensation, if any. 14

15. Stephen M. Ryan sryan@mwe.com15 IPv4 & IPv6 - The Bottom Line  We’re running out of IPv4 address space.  IPv6 must be adopted for continued Internet growth.  IPv6 is not backwards compatible with IPv4.  We must maintain IPv4 and IPv6 simultaneously for many years.  IPv6 deployment has begun. 15

16. Stephen M. Ryan sryan@mwe.com16 What’s In ARIN’s WHOIS?  Registration information about – IP addresses and AS numbers issued by ARIN – IP addresses and AS numbers issued by the Central Registry – Organizations that hold these sources (ORGs) – Points of Contact for resources or organizations (POCs) – Reallocated/reassigned networks (from ISPs to customers)  Referential information – Other RIR authorities – More specific customer information for ISPs

17. Stephen M. Ryan sryan@mwe.com17 What’s NOT in ARIN’s WHOIS?  ORG and POC information for – Domain Names – Host Names  Authoritative information for – Sub-delegations by ISPs using RWHOIS – Military networks (see http://www.nic.mil)http://www.nic.mil – Resources registered in other RIRs’ WHOIS  Routing information  Geographic location of the network