From noah at neo.co.tz  Mon Apr  2 17:13:32 2018
From: noah at neo.co.tz (Noah)
Date: Mon, 02 Apr 2018 17:13:32 +0000
Subject: [Community-Discuss] Call to urgently address Afrinic management
	issues
In-Reply-To: <CAEqgTWZ-Pu86s=T_sbRLKV-EeusFr0=mC+Q0oSON0ToQ5xwcaA@mail.gmail.com>
References: <CAEqgTWZ-Pu86s=T_sbRLKV-EeusFr0=mC+Q0oSON0ToQ5xwcaA@mail.gmail.com>
Message-ID: <CAEqgTWbScYtewzU87uApyYQ_nOjb9jxTsZZPZsiLurrdqc16TA@mail.gmail.com>

Dear Board

I never recieved any acknowledgement of the below email.

Please treat this matter serious.

Cheers,
Noah

On Mon, 26 Mar 2018, 10:43 p.m. Noah, <noah at neo.co.tz> wrote:

> Dear AfriNIC Board,
>
> Writting in my personal capacity as a member and an Afrinic community folk.
>
> I would like to state that, the recent complaints from AfriNIC staff have
> showed abuse of power, management issues and among other things human
> ressources issues.
>
> Quite a number of anonymous emails have been sent to various mailing lists
> of which some even ended up on private members list and most of the issues
> in these emails seem to highlight what we would assume as an unhappy
> Afrinic with some staff members trying to show the deepness of the
> challenges faced within the organisation.
>
> Among the issues are;
>
> 1. Some staff are complaining of harrasment (inapproproate language etc)
> from fellow staff and we look forward to getting an update on how issues of
> work-place harrassment have been handled and if human resource measures
> have been put in place going forward to address this behaviour while the
> investigations of one of the complaint is still ongoing.
>
> 2.Most importantly the HR issues need to be addressed to ensure that
> Afrinic employees work in a condusive working environment which is fair to
> all, both the male and the female staff.
>
> Meanwhile;
>
> Can the board kindly look into the management issues that are affecting
> the organisation and addressed them.
>
> Can the board initiate a complete and full audit of the organisation not
> only finance but also human resources.
>
> Can the board also look into how the top management is performing as well.
>
> We want to see a vibrant Afrinic going forward.
>
> Regards,
> Noah
>
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From wale at forum.org.ng  Tue Apr 10 21:56:41 2018
From: wale at forum.org.ng (Wale Adedokun)
Date: Tue, 10 Apr 2018 21:56:41 +0000 (GMT)
Subject: [Community-Discuss] Fwd: [AFRINIC-Announce] Announcement for Final
 Candidate Slate for Open Seats AFRINIC Elections
In-Reply-To: <15E3DB29-8269-4703-AE84-03E86EFD6194@afrinic.net>
References: <15E3DB29-8269-4703-AE84-03E86EFD6194@afrinic.net>
Message-ID: <1573234344.17166.1523397401120.JavaMail.zimbra@forum.org.ng>



----- AFRINIC Communication <comm-announce at afrinic.net> wrote:
> [Version fran?aise ci-dessous]
> 
>  
> Dear Colleagues,
> 
> NomCom2018 is pleased to announce the following final candidate slate for the open seats on the AFRINIC:
> 
> 1.Board of Directors
> 
>  Eastern Africa
> 
> i. Abibu Rashid Ntahigiye
> 
> Southern Africa
> 
> i. Lucky Masilela
> 
> 
> 2. Policy Development Working Group
> 
> i. Mark Elkins
> 
> 
> 3. Governance Committee
> 
> i.  Daniel Inusa Yakmut
> 
> ii. Dr. Alioune Badara Traore
> 
> 
> 4. Policy Development Appeal Committee
> 
> i.  Kodzo (Marcus) Gadzekpo Adomey
> 
> ii. Luc Missidimbazi 
> 
> iii. Jean-Robert Hountomey
> 
> iv. Wafa Dahmani
> 
>  
> Full candidate information has been published.
> 
> Governance Committee
> 
> https://afrinic.net/en/community/elections/2349-2018-governance-committee-candidate-slate
> 
> BoD
> 
> https://afrinic.net/en/community/elections/2345-2018-board-of-directors-candidate-slate
> 
> 
> PDWG
> 
> https://afrinic.net/en/community/elections/2351-2018-pdwg-candidate-slate
> 
> 
> Appeal Committee
> 
> https://afrinic.net/en/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
> 
> 
> The community (and members) are hereby invited to view candidate details and express any comments about the suitability of the candidates for the board position using the comment section at the URLs above.
> 
> 
> Election will be held during the Annual General Members' Meeting (AGMM) to be held in Dakar on 10 May 2018.
> 
> Members that will not be able to attend and/or vote physically at the AGMM are informed that there is an option for electronic voting, which will start on 27th April 2018 until 10th May 2018 and will be conducted through the MyAFRINIC portal - https://my.afrinic.net.
> 
> Members can also opt to appoint a proxy to attend the AGMM and participate on the member?s behalf, including voting in the board election and all other matters at the AGMM.
> 
> 
> More information is available at: https://afrinic.net/en/community/elections/bod-election/process
> 
> For any queries or clarification, please contact the nominations committee by email to nomcom2018@ afrinic. net
> 
>  
> 
> (2018 Nominations Committee) 
> 
>  
> ???????????????????????????????????????????????????
> 
>  
> 
> Chers coll?gues,
> 
>  
> 
> NomCom2018 a le plaisir d'annoncer la liste finale des candidats aux ?lections du :
> 
> 
> 1. Conseil d'administration
> 
> 
>  Afrique de l'Est
> 
> i. Abibu Rashid Ntahigiye
> 
> 
> Afrique du sud 
> 
> i. Lucky Masilela
> 
>  
> 
> 2. Groupe de travail sur l'?laboration des politiques
> 
> 
> i. Mark Elkins
> 
> 
> 3. Comit? de gouvernance
> 
> 
> i. Daniel Inusa Yakmut
> 
> ii. Dr. Alioune Badara Traor?
> 
> 
> 4. Comit? d'appel de l'?laboration des politiques
> 
> 
> i. Kodzo (Marcus) Gadzekpo Adomey
> 
> ii. Luc Missidimbazi
> 
> iii. Jean-Robert Hountomey
> 
> iv. Wafa Dahmani
> 
>  
> Plus d?informations sur les candidats sont publi?es.
> 
> 
> Comit? de gouvernance
> 
> https://afrinic.net/fr/community/elections/2349-2018-governance-committee-candidate-slate
>  
> 
> BoD
> 
> https://afrinic.net/fr/community/elections/2345-2018-board-of-directors-candidate-slate
> 
>  
> PDWG 
> 
> https://afrinic.net/fr/communautaire/elections/2351-2018-pdwg-candidate-slate
> 
> Comit? d'Appel
> 
> https://afrinic.net/fr/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
>  
> 
> La communaut? (et les membres) sont invit?s ? voir les d?tails des candidats et ? formuler des commentaires sur les qualit?s personnelles des candidats pour le poste au conseil d'administration en utilisant la section des commentaires sur les URL ci-dessus.
> 
> L'?lection aura lieu lors de l'Assembl?e g?n?rale annuelle des membres (AGMM) qui se tiendra ? Dakar le 10 mai 2018.
> 
> Les membres qui ne pourront pas assister et / ou voter physiquement ? l'AGMM sont inform?s qu'il y a une option pour le vote ?lectronique, qui commencera le 27 avril 2018 jusqu'au 10 mai 2018 et sera effectu?e via le portail MyAFRINIC - https: / /my.afrinic.net.
> 
> Les membres peuvent ?galement choisir de nommer un mandataire pour assister ? l'AGMM et participer au nom du membre, y compris le vote ? l'?lection du conseil d?administration et toutes les autres questions ? l'AGMM.
> 
> Plus d'informations sont disponibles sur: https://afrinic.net/en/community/elections/bod-election/process
> 
> Pour toute question ou clarification, veuillez contacter le comit? de nomination par courriel ? nomcom2018 @ afrinic. net
>  
> 
> (Comit? des nominations 2018)
> _______________________________________________
> Announce mailing list
> Announce at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/announce




From Andrew.Alston at liquidtelecom.com  Wed Apr 11 05:42:07 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 05:42:07 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
Message-ID: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>

Hi AfriNIC Board,

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Considering that the regulation comes into force on the 25th of May 2018 - and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius - this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head - and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now - considering the impact - but failing that - the question is now being asked.

Andrew


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From seeburn.k at gmail.com  Wed Apr 11 06:03:12 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Wed, 11 Apr 2018 10:03:12 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <A8F008B4-3262-4940-92A2-B1A2BAFD5FD7@gmail.com>

That is a good question and hope EU and a repealed safe harbour to an ICO equivalent will be going thru parliament approval soonest. 

Not only Whois but more is implied. Unless afrinic is waiting to see whether Eu and local govt will bite

Kris

> On 11 Apr 2018, at 09:42, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Hi AfriNIC Board,
>  
> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>  
> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>  
> Andrew
>  
>  
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
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From owen at delong.com  Wed Apr 11 06:08:11 2018
From: owen at delong.com (Owen DeLong)
Date: Tue, 10 Apr 2018 23:08:11 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>



> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Hi AfriNIC Board,
>  
> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Is Mauritius signatory to some treaty making them subject to GDPR?
 
> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.

It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).

Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.

Owen

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From seeburn.k at gmail.com  Wed Apr 11 06:18:55 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Wed, 11 Apr 2018 10:18:55 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
Message-ID: <34F7BBCE-7E6A-4E48-90F6-17AF2B12EEF7@gmail.com>

Mauritius is signatory that?s where the safe harbour was put In place years back. All BPOs in mauritius are holding EU citizen / resident data. the Data Protection office will be fast tracking to look like ICO which is renamed GDPR anyways.

Kris

> On 11 Apr 2018, at 10:08, Owen DeLong <owen at delong.com> wrote:
> 
> 
> 
>> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
>> 
>> Hi AfriNIC Board,
>>  
>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
> 
> Is Mauritius signatory to some treaty making them subject to GDPR?
>  
>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
> 
> It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).
> 
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
> 
> Owen
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
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From jrhountomey at gmail.com  Wed Apr 11 06:24:11 2018
From: jrhountomey at gmail.com (Jean-Robert Hountomey)
Date: Wed, 11 Apr 2018 01:24:11 -0500
Subject: [Community-Discuss] processing personal data for Candidate Slate
Message-ID: <c8fb0020-c306-76ef-11b9-29be625cc95f@gmail.com>

Dear Noncom,

As we see personally identifiable information (PII) published with the candidate slate, please let us know:

1- If the data collected (including CV) at the time of application was meant to be made available publicly,
2- if you received consent from candidates before making these data publicly available

I suggest that you check Mauritius DATA PROTECTION BILL (No. XIX of 2017) (1)

Thank you.

Regards.

Jean-Robert Hountomey

(1). http://mauritiusassembly.govmu.org/English/bills/Documents/intro/2017/bill1917.pdf




From Andrew.Alston at liquidtelecom.com  Wed Apr 11 10:05:40 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 10:05:40 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
Message-ID: <HE1PR0301MB25708064F190A827DEF6734BEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>

Owen,

Firstly ? AfriNIC does hold data on EU residents ? that is without question ? I know of a couple of cases of EU residents with their data held by AfriNIC without even thinking of it.
Secondly ? irrespective of if they are signatories or not ? if AfriNIC chooses to do any business with RIPE for example, they are doing business with an EU entity and can be prevented from doing so if they don?t comply is my understanding.

Irrespective of this ? the AfriNIC board if they believe they do not need to comply in any way shape or form ? needs to state that to this community and to its members and give reasons as to why not ? at that point ? the affected members can then make an informed decision as to their course of action should they choose one. But ? AfriNIC still has an obligation to inform its community as to its standing in this regard and do so before the legislation becomes reality.

Please note clause 3.4.vii of the bylaws:

(vii) to disseminate among its members information on all matters affecting the Company and its members and to provide for and be a central channel of communication for the members of the Company and generally for the furtherance and promotion of their interests;

Andrew

From: Owen DeLong [mailto:owen at delong.com]
Sent: 11 April 2018 09:08
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: General <community-discuss at afrinic.net>; AFRINIC Board of Directors' List <Board at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR
Importance: High




On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:

Hi AfriNIC Board,

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Is Mauritius signatory to some treaty making them subject to GDPR?


Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.

It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).

Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.

Owen

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From jordi.palet at consulintel.es  Wed Apr 11 10:33:26 2018
From: jordi.palet at consulintel.es (JORDI PALET MARTINEZ)
Date: Wed, 11 Apr 2018 12:33:26 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB25708064F190A827DEF6734BEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
 <HE1PR0301MB25708064F190A827DEF6734BEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <37907F0F-BDA7-4224-9090-97DB6CB93F7B@consulintel.es>

I think Andrew is right.

 

I just found a short article that explains it:

 

https://www.gdprandbeyond.com/blog-post/data-privacy/gdpr-affect-non-european-companies/

 

If you don?t want to read all the article, this is the key:

 

?The short answer is: the regulation will affect firms both inside and outside of the EU. In fact, any company dealing with EU businesses?, residents?, or citizens? data will have to comply with the GDPR.?

 

Even more than that, it affects any company that may hold data from EU citizens, and that includes IP addresses.

 

For example, if EU citizens are using a DNS resolver sitting in any AfriNIC country, then the logs with the IP addresses of the queries are subjected to the GDPR, if you make business out of those logs, and don?t anonymize them, you are subjected to fines of up to 4% of your annual turnover, up to a maximum of 20 million euros.

 

In chats with EU lawyers, they basically told that there is a long road with this regulation in the courts, and ISPs need to be aware that this means that if their customers do ?bad? things with EU citizens personal data, and they don?t react on those ?abuse? cases, you may be at the end of the history, liable for that.


Regards,

Jordi

 

De: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Fecha: mi?rcoles, 11 de abril de 2018, 12:15
Para: Owen DeLong <owen at delong.com>
CC: General <community-discuss at afrinic.net>, AFRINIC Board of Directors' List <Board at afrinic.net>
Asunto: Re: [Community-Discuss] AFRINIC and the GDPR

 

Owen,

 

Firstly ? AfriNIC does hold data on EU residents ? that is without question ? I know of a couple of cases of EU residents with their data held by AfriNIC without even thinking of it.

Secondly ? irrespective of if they are signatories or not ? if AfriNIC chooses to do any business with RIPE for example, they are doing business with an EU entity and can be prevented from doing so if they don?t comply is my understanding.

 

Irrespective of this ? the AfriNIC board if they believe they do not need to comply in any way shape or form ? needs to state that to this community and to its members and give reasons as to why not ? at that point ? the affected members can then make an informed decision as to their course of action should they choose one. But ? AfriNIC still has an obligation to inform its community as to its standing in this regard and do so before the legislation becomes reality.

 

Please note clause 3.4.vii of the bylaws:

 

(vii) to disseminate among its members information on all matters affecting the Company and its members and to provide for and be a central channel of communication for the members of the Company and generally for the furtherance and promotion of their interests;

 

Andrew

 

From: Owen DeLong [mailto:owen at delong.com] 
Sent: 11 April 2018 09:08
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: General <community-discuss at afrinic.net>; AFRINIC Board of Directors' List <Board at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR
Importance: High

 

 




On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:

 

Hi AfriNIC Board,

 

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

 

Is Mauritius signatory to some treaty making them subject to GDPR?

 


Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.

 

It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).

 

Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.

 

Owen

 

_______________________________________________ Community-Discuss mailing list Community-Discuss at afrinic.net https://lists.afrinic.net/mailman/listinfo/community-discuss 



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From Andrew.Alston at liquidtelecom.com  Wed Apr 11 10:51:39 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 10:51:39 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB25708064F190A827DEF6734BEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
 <HE1PR0301MB25708064F190A827DEF6734BEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <HE1PR0301MB2570286F41B47AFB7B2A7CDBEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>

Btw Owen,

I might also point out ? AfriNIC has EU territories that it services directly ? which heightens this even further

Andrew


From: Andrew Alston [mailto:Andrew.Alston at liquidtelecom.com]
Sent: 11 April 2018 13:06
To: Owen DeLong <owen at delong.com>
Cc: General <community-discuss at afrinic.net>; AFRINIC Board of Directors' List <Board at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

Owen,

Firstly ? AfriNIC does hold data on EU residents ? that is without question ? I know of a couple of cases of EU residents with their data held by AfriNIC without even thinking of it.
Secondly ? irrespective of if they are signatories or not ? if AfriNIC chooses to do any business with RIPE for example, they are doing business with an EU entity and can be prevented from doing so if they don?t comply is my understanding.

Irrespective of this ? the AfriNIC board if they believe they do not need to comply in any way shape or form ? needs to state that to this community and to its members and give reasons as to why not ? at that point ? the affected members can then make an informed decision as to their course of action should they choose one. But ? AfriNIC still has an obligation to inform its community as to its standing in this regard and do so before the legislation becomes reality.

Please note clause 3.4.vii of the bylaws:

(vii) to disseminate among its members information on all matters affecting the Company and its members and to provide for and be a central channel of communication for the members of the Company and generally for the furtherance and promotion of their interests;

Andrew

From: Owen DeLong [mailto:owen at delong.com]
Sent: 11 April 2018 09:08
To: Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>>
Cc: General <community-discuss at afrinic.net<mailto:community-discuss at afrinic.net>>; AFRINIC Board of Directors' List <Board at afrinic.net<mailto:Board at afrinic.net>>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR
Importance: High



On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:

Hi AfriNIC Board,

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Is Mauritius signatory to some treaty making them subject to GDPR?

Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.

It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).

Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.

Owen

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From abibu at tznic.or.tz  Wed Apr 11 11:36:14 2018
From: abibu at tznic.or.tz (Abibu R. Ntahigiye)
Date: Wed, 11 Apr 2018 14:36:14 +0300
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>

Dear Andrew, Members and the whole Afrinic community,

Andrew has raised a very important issue for Afrinic operations - Thanks 
so much Andrew.

The Board would like to inform you that the issue was discussed within 
the Board at the Afrinic 27 meeting in Lagos and the Management was 
tasked to work on the issue.

The Board has also been made aware that the Mauritius Data Protection 
Act 2017 is already in effect and is aligned with the EU GDPR 
regulations.? The Board believes that these regulations are not a 
barrier to publication of the WHOIS data, and it has noted the RIPE NCC 
study that made such a finding.? The Board further believes that the 
biggest changes required by AFRINIC are in documenting how personal data 
is used, and in informing people at the time data is collected.

The AFRINIC management will provide further updates on the issues at AIS 
2018 in Senegal.

Further to the above, the Board expects to receive more insights on 
GDPR? related issues at the joint Boards (AfriNIC and RIPE NCC) meeting 
planned in Senegal.

Kind regards


On 11/04/2018 08:42, Andrew Alston wrote:
>
> Hi AfriNIC Board,
>
> Can this board please **urgently** inform this community as to what 
> preparations they have made as regards to compliance with the General 
> Data Protection Regulations passed by the European Commision and the 
> board will be in a position to give this community a full and complete 
> report as to their GDPR compliance status and what will be changing 
> before the 25^th of May to ensure that when the GDPR comes into force 
> AfriNIC is compliant.
>
> Considering that the regulation comes into force on the 25^th of May 
> 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes 
> them subject to the regulations irrespective of the fact that they are 
> domiciled in Mauritius ? this is an urgent and critical issue.? It has 
> direct impact on the whois database, abuse contact information, 
> handling of data submitted during application process and potentially 
> even the proposed review policy, just to name a few things that I can 
> think of off the top of my head ? and cannot be ignored.? I would in 
> fact have liked to have seen discussions by the board in the minutes 
> that have been published about the GDPR long before now ? considering 
> the impact ? but failing that ? the question is now being asked.
>
> Andrew
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss

-- 
Abibu R. Ntahigiye

CEO, tzNIC / Interim Chairman, Afrinic.

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From Andrew.Alston at liquidtelecom.com  Wed Apr 11 12:37:07 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 12:37:07 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
Message-ID: <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>

Hi Abibu,

Considering that the board is facing a tabled and accepted motion of no confidence in Dakar ? which has been accepted to the Agenda ? and considering the GDPR comes into force on the 25th of May ? is it not prudent of the board to do investigations and conclude them before the Dakar meeting ? coming with fixed and concrete and agreed actions to the meeting - so that in the event that the motion does indeed pass ? the outgoing board would have at the very least left AfriNIC in a strong position to deal with the potential issues created by the GDPR.

I can also say ? I really hope that in sending this ? the board will not come with an argument that the vote places AfriNIC in a precarious position because of the GDPR situation and the fact that meetings with RIPE were only happening at the meeting ? since such an argument would be predicated on the board creating a negative situation for the company in order to potentially save themselves.

Andrew


From: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
Date: Wednesday, 11 April 2018 at 14:36
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: "members-discuss at afrinic.net" <members-discuss at afrinic.net>, "community-discuss at afrinic.net" <community-discuss at afrinic.net>, AFRINIC Board of Directors' List <board at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR


Dear Andrew, Members and the whole Afrinic community,

Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.

The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.

The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected.

The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.

Kind regards

On 11/04/2018 08:42, Andrew Alston wrote:
Hi AfriNIC Board,

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.

Andrew



_______________________________________________

Community-Discuss mailing list

Community-Discuss at afrinic.net<mailto:Community-Discuss at afrinic.net>

https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>



--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chairman, Afrinic.
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From sander at steffann.nl  Wed Apr 11 12:58:19 2018
From: sander at steffann.nl (Sander Steffann)
Date: Wed, 11 Apr 2018 14:58:19 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>
Message-ID: <E0F02788-D7D8-4231-A493-6F53DC382AC8@steffann.nl>

Hi,

> Considering that the board is facing a tabled and accepted motion of no confidence in Dakar ? which has been accepted to the Agenda

Wait, what motion? I have seen the message from Sunday that he is stepping down as chair, and I of course have seen the allegations. I haven't seen a motion on this list though...

Cheers,
Sander




From Andrew.Alston at liquidtelecom.com  Wed Apr 11 13:04:59 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 13:04:59 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <E0F02788-D7D8-4231-A493-6F53DC382AC8@steffann.nl>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>
 <E0F02788-D7D8-4231-A493-6F53DC382AC8@steffann.nl>
Message-ID: <7FB53578-1135-430B-A0F9-3CD04256EF56@liquidtelecom.com>

Hi Sander,

Mark tabled the following motion (and has agreed to let me send this to the community list on the phone just now) ? this motion has also been accepted in emails to the members list from the board 


---- From Mark?s email to the member list ----

I have been watching the mailing lists where Sunday, whom I consider a friend, has admitted to violating the NDA. He has stood down as chair but not tendered his resignation. There was a Board Meeting last night according to the mailing lists. The Board appear not to have ask Sunday to stand down (there was no announcement along these lines, therefore I request the following be tabled at upcoming AGMM in Dakar. As this is not a vote to remove the directors, but rather to express the communities lack of confidence in them, and to request their resignations, I request that this be tabled as a standard resolution.

Introduction:

In 2014, the board of directors (I was a director at that time) passed a resolution laying out the sanctions for NDA violations ? that violations of the NDA could be result in expulsion from the board of directors.  In 2014, during a meeting in Tunis, that resolution was used to request, and subsequently gain, the resignation of two members of the board of directors.

During allegations made recently on an unrelated matter, it came to light that the former chair of the board, Mr Sunday Folayan, wilfully and blatantly shared information related directly to the company, with a junior member of staff, and an admission in this regard was made to the community in an email sent by Mr Folayan on the 16th of March 2018.

It is my belief that the sharing of the information was a direct contravention of the NDA ? as well as a direct contravention of various sections of the companies act relating to the duties and responsibilities of a director.

Since this time ? there have been numerous calls for Mr Folayan to resign from the board ? something that as of now he has not done.  There have also been numerous calls for the board to act against Mr. Folayan in this regard.  The board has failed to do this ? and is acting outside of historic precedent regarding similar violations.

As such, it is my belief that the entire board is in violation of its duties and of the trust of the community ? the degree of that loss of confidence will be tested by this motion as is proper procedure.

It is also acknowledged that the board has the right to defy this motion and continue to claim legitimacy under strict legal interpretation ? hence ? this motion is phrased as a request ? with the knowledge that should the board not adhere to this request if this motion passes ? they will lose all credibility and the ability to claim legitimacy as representatives of the member base of AfriNIC ? irrespective of their legal standing.

As a former Board member and the proposer of this resolution, I wish to state that if this motion be passed and the request granted, I will not be standing for any seat myself.
With this in mind:

The members of AfriNIC here by RESOLVE:

To state that the members of AfriNIC have lost all confidence in the current board of directors to act in the best interests of the company or its registered, resource and associate members.
To request the resignations of every member of the board of directors with immediate effect
To request that Viv Padayachee act as caretaker director with the sole purpose of appointing a NomCOM and convening an SGMM at which a full election will be held to appoint a new board of directors
To elect a new board of directors by ballot at an SGMM within 90 days of these proceedings ? at which point directors elected will hold their positions for the remainder of the specific term of the seat to which they are appointed.


---- End of Mark?s email ----

On 11/04/2018, 16:00, "Sander Steffann" <sander at steffann.nl> wrote:

    Hi,
    
    > Considering that the board is facing a tabled and accepted motion of no confidence in Dakar ? which has been accepted to the Agenda
    
    Wait, what motion? I have seen the message from Sunday that he is stepping down as chair, and I of course have seen the allegations. I haven't seen a motion on this list though...
    
    Cheers,
    Sander
    
    


From jan at go6.si  Wed Apr 11 13:10:40 2018
From: jan at go6.si (Jan Zorz Go6)
Date: Wed, 11 Apr 2018 15:10:40 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <7FB53578-1135-430B-A0F9-3CD04256EF56@liquidtelecom.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>
 <E0F02788-D7D8-4231-A493-6F53DC382AC8@steffann.nl>
 <7FB53578-1135-430B-A0F9-3CD04256EF56@liquidtelecom.com>
Message-ID: <1a3e51c1-761d-4497-8c60-78738b76430d@go6.si>

Oh boy... Interesting AGMM awaits in Dakar, as it seems :)

?Cheers, Jan ?or?
---
Sent from mobile phone, please excuse brevity and top-posting...?

On Apr 11, 2018, 15:06, at 15:06, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
>Hi Sander,
>
>Mark tabled the following motion (and has agreed to let me send this to
>the community list on the phone just now) ? this motion has also been
>accepted in emails to the members list from the board 
>
>
>---- From Mark?s email to the member list ----
>
>I have been watching the mailing lists where Sunday, whom I consider a
>friend, has admitted to violating the NDA. He has stood down as chair
>but not tendered his resignation. There was a Board Meeting last night
>according to the mailing lists. The Board appear not to have ask Sunday
>to stand down (there was no announcement along these lines, therefore I
>request the following be tabled at upcoming AGMM in Dakar. As this is
>not a vote to remove the directors, but rather to express the
>communities lack of confidence in them, and to request their
>resignations, I request that this be tabled as a standard resolution.
>
>Introduction:
>
>In 2014, the board of directors (I was a director at that time) passed
>a resolution laying out the sanctions for NDA violations ? that
>violations of the NDA could be result in expulsion from the board of
>directors.  In 2014, during a meeting in Tunis, that resolution was
>used to request, and subsequently gain, the resignation of two members
>of the board of directors.
>
>During allegations made recently on an unrelated matter, it came to
>light that the former chair of the board, Mr Sunday Folayan, wilfully
>and blatantly shared information related directly to the company, with
>a junior member of staff, and an admission in this regard was made to
>the community in an email sent by Mr Folayan on the 16th of March 2018.
>
>It is my belief that the sharing of the information was a direct
>contravention of the NDA ? as well as a direct contravention of various
>sections of the companies act relating to the duties and
>responsibilities of a director.
>
>Since this time ? there have been numerous calls for Mr Folayan to
>resign from the board ? something that as of now he has not done. 
>There have also been numerous calls for the board to act against Mr.
>Folayan in this regard.  The board has failed to do this ? and is
>acting outside of historic precedent regarding similar violations.
>
>As such, it is my belief that the entire board is in violation of its
>duties and of the trust of the community ? the degree of that loss of
>confidence will be tested by this motion as is proper procedure.
>
>It is also acknowledged that the board has the right to defy this
>motion and continue to claim legitimacy under strict legal
>interpretation ? hence ? this motion is phrased as a request ? with the
>knowledge that should the board not adhere to this request if this
>motion passes ? they will lose all credibility and the ability to claim
>legitimacy as representatives of the member base of AfriNIC ?
>irrespective of their legal standing.
>
>As a former Board member and the proposer of this resolution, I wish to
>state that if this motion be passed and the request granted, I will not
>be standing for any seat myself.
>With this in mind:
>
>The members of AfriNIC here by RESOLVE:
>
>To state that the members of AfriNIC have lost all confidence in the
>current board of directors to act in the best interests of the company
>or its registered, resource and associate members.
>To request the resignations of every member of the board of directors
>with immediate effect
>To request that Viv Padayachee act as caretaker director with the sole
>purpose of appointing a NomCOM and convening an SGMM at which a full
>election will be held to appoint a new board of directors
>To elect a new board of directors by ballot at an SGMM within 90 days
>of these proceedings ? at which point directors elected will hold their
>positions for the remainder of the specific term of the seat to which
>they are appointed.
>
>
>---- End of Mark?s email ----
>
>On 11/04/2018, 16:00, "Sander Steffann" <sander at steffann.nl> wrote:
>
>    Hi,
>    
>> Considering that the board is facing a tabled and accepted motion of
>no confidence in Dakar ? which has been accepted to the Agenda
>    
>Wait, what motion? I have seen the message from Sunday that he is
>stepping down as chair, and I of course have seen the allegations. I
>haven't seen a motion on this list though...
>    
>    Cheers,
>    Sander
>    
>    
>
>_______________________________________________
>Community-Discuss mailing list
>Community-Discuss at afrinic.net
>https://lists.afrinic.net/mailman/listinfo/community-discuss
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From silber.mike at gmail.com  Wed Apr 11 13:34:46 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Wed, 11 Apr 2018 15:34:46 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
Message-ID: <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>

If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.

The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.

In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.

The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.

Mike


> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz> wrote:
> 
> Dear Andrew, Members and the whole Afrinic community,
> 
> Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
> 
> The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
> 
> The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected. 
> 
> The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
> 
> Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.
> 
> Kind regards
> 
> 
> On 11/04/2018 08:42, Andrew Alston wrote:
>> Hi AfriNIC Board,
>>  
>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>  
>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>>  
>> Andrew
>>  
>>  
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> 
> -- 
> Abibu R. Ntahigiye
> 
> CEO, tzNIC / Interim Chairman, Afrinic.
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>

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From mhtguinassou at gmail.com  Wed Apr 11 13:39:56 2018
From: mhtguinassou at gmail.com (TIDJANI Mahamat Adoum)
Date: Wed, 11 Apr 2018 06:39:56 -0700
Subject: [Community-Discuss] Perturbation d'Internet au Tchad
Message-ID: <CAJszmiBsjhA_9tn6CmtDa31KohdS-EBx4PEZxyOnH=2cmXnJag@mail.gmail.com>

Merci de trouver ci-dessous les liens vers les d?clarations de l?ISOC sur
les perturbations des reseaux sociaux et internet au Tchad. Merci d'en
faire large diffusion.

English: https://www.internetsociety.org/blog/2018/
04/internet-shutdowns-cannot-solution-political-challenges-chad/

French: https://www.internetsociety.org/fr/blog/2018/04/les-coupures-dacces-
internet-ne-sont-pas-une-solution-aux-defis-politiques-du-tchad/

Tidjani MAHAMAT ADOUM
Ing?nieur R?seaux T?l?coms
Cellule Fibre Optique (SOTEL-TCHAD)
Consultant en Gouvernance d'Internet
Coordinateur Afrique Centrale pour ACSIS
Ligne Direct: (00235) 66273348 ou 77306979
Ligne secourt: (00235) 62306979 ou 92306979
E-mail.P: tidjani <tidjanicapi at hotmail.fr>-m.adoum at acsis-scasi.org
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From Andrew.Alston at liquidtelecom.com  Wed Apr 11 13:44:02 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 13:44:02 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
Message-ID: <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>

Thanks Mike,

That?s actually pretty useful in some sense ? but can I ask for an English interpretation of the last sentence for those of us that sadly don?t speak Lawyer ?

Thanks

Andrew


From: Mike Silber <silber.mike at gmail.com>
Date: Wednesday, 11 April 2018 at 16:34
To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>, General Discussions of AFRINIC <community-discuss at afrinic.net>, AfriNIC Discuss <members-discuss at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.

The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.

In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.

The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.

Mike



On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz<mailto:abibu at tznic.or.tz>> wrote:

Dear Andrew, Members and the whole Afrinic community,
Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected.
The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.

Kind regards


On 11/04/2018 08:42, Andrew Alston wrote:
Hi AfriNIC Board,

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.

Andrew



_______________________________________________

Community-Discuss mailing list

Community-Discuss at afrinic.net<mailto:Community-Discuss at afrinic.net>

https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>



--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chairman, Afrinic.
_______________________________________________
Community-Discuss mailing list
Community-Discuss at afrinic.net<mailto:Community-Discuss at afrinic.net>
https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>

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From Andrew.Alston at liquidtelecom.com  Wed Apr 11 13:47:06 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 13:47:06 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
Message-ID: <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>

Mike,

Also just to clarify ? I believe this goes beyond whois data ? there is far more data that AfriNIC holds than just the whois data that could be affected by this.  I concede the whois portion I may well be wrong on that ? the rest of it ? as I said ? I simply want to see from AfriNIC a report on that they are doing and where they aren?t in compliance to present that to this community ? mindful of the time frames involved ? the situation the current board finds facing ? and the dictates of section 3.4.iiv of the bylaws

Andrew


From: Mike Silber <silber.mike at gmail.com>
Date: Wednesday, 11 April 2018 at 16:34
To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>, General Discussions of AFRINIC <community-discuss at afrinic.net>, AfriNIC Discuss <members-discuss at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.

The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.

In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.

The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.

Mike



On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz<mailto:abibu at tznic.or.tz>> wrote:

Dear Andrew, Members and the whole Afrinic community,
Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected.
The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.

Kind regards


On 11/04/2018 08:42, Andrew Alston wrote:
Hi AfriNIC Board,

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.

Andrew



_______________________________________________

Community-Discuss mailing list

Community-Discuss at afrinic.net<mailto:Community-Discuss at afrinic.net>

https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>



--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chairman, Afrinic.
_______________________________________________
Community-Discuss mailing list
Community-Discuss at afrinic.net<mailto:Community-Discuss at afrinic.net>
https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>

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From silber.mike at gmail.com  Wed Apr 11 13:54:03 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Wed, 11 Apr 2018 15:54:03 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
Message-ID: <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>

No issue with doing a proper information audit (what there is, where it is stored, how it can be accessed and by whom). That is just good information security practice.

However I am still not certain that holding any of that information actually makes AfriNIC a controller in terms of the GDPR.

> On 11 Apr 2018, at 15:47, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Mike,
>  
> Also just to clarify ? I believe this goes beyond whois data ? there is far more data that AfriNIC holds than just the whois data that could be affected by this.  I concede the whois portion I may well be wrong on that ? the rest of it ? as I said ? I simply want to see from AfriNIC a report on that they are doing and where they aren?t in compliance to present that to this community ? mindful of the time frames involved ? the situation the current board finds facing ? and the dictates of section 3.4.iiv of the bylaws
>  
> Andrew
>  
>  
> From: Mike Silber <silber.mike at gmail.com>
> Date: Wednesday, 11 April 2018 at 16:34
> To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>, General Discussions of AFRINIC <community-discuss at afrinic.net>, AfriNIC Discuss <members-discuss at afrinic.net>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.
>  
> The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.
>  
> In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.
>  
> The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.
>  
> Mike
>  
> 
> 
>> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>> wrote:
>>  
>> Dear Andrew, Members and the whole Afrinic community,
>> Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
>> The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
>> The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected. 
>> The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
>> Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.
>> 
>> Kind regards
>> 
>> 
>> On 11/04/2018 08:42, Andrew Alston wrote:
>>> Hi AfriNIC Board,
>>>  
>>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>>  
>>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>>>  
>>> Andrew
>>>  
>>>  
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>> 
>> -- 
>> Abibu R. Ntahigiye
>>  
>> CEO, tzNIC / Interim Chairman, Afrinic.
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>  

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From alan.barrett at afrinic.net  Wed Apr 11 14:00:43 2018
From: alan.barrett at afrinic.net (Alan Barrett)
Date: Wed, 11 Apr 2018 18:00:43 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
 <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
Message-ID: <E2E04A2E-CE90-4137-9068-85108DD84590@afrinic.net>



> On 11 Apr 2018, at 17:54, Mike Silber <silber.mike at gmail.com> wrote:
> 
> No issue with doing a proper information audit (what there is, where it is stored, how it can be accessed and by whom). That is just good information security practice.
> 
> However I am still not certain that holding any of that information actually makes AfriNIC a controller in terms of the GDPR.

I am pretty sure that AFRINIC is a data controller in terms of the Mauritius Data Protection Act, which is aligned with GDPR.

Yes, we are auditing the information we hold and the way we process it, and I expect to be able to report on progress at the AIS meeting in early May.

Alan


From owen at delong.com  Wed Apr 11 14:12:28 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 07:12:28 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
Message-ID: <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>

Roughly translated:
	The ability of EU to inflict GDPR on those operators outside of EU is predicated on that operator
	having some business operation or presence within the EU which allows them to subject you to their
	jurisdiction. Determining that you have said presence requires a specific determination by the
	EU member state where said presence exists.

I?m pretty sure AfriNIC has no such nexus.

However, what is left out of Mike?s statement is the potential that any other country may have signed some
sort of treaty with the EU (or a member state) which subjects them to GDPR and/or grants additional
extraterritorial rights to the EU. Such is (unfortunately) the case with the US, for example.

Another key point is that EU citizens not living in Europe are not covered by GDPR. Non-EU citizens living
within the EU are covered by GDPR. (At least that is my understanding? AIUI, GDPR applies to EU residents,
not EU citizens.)

Owen


> On Apr 11, 2018, at 06:44 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Thanks Mike,
>  
> That?s actually pretty useful in some sense ? but can I ask for an English interpretation of the last sentence for those of us that sadly don?t speak Lawyer ?
>  
> Thanks
>  
> Andrew
>  
>  
> From: Mike Silber <silber.mike at gmail.com>
> Date: Wednesday, 11 April 2018 at 16:34
> To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>, General Discussions of AFRINIC <community-discuss at afrinic.net>, AfriNIC Discuss <members-discuss at afrinic.net>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.
>  
> The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.
>  
> In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.
>  
> The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.
>  
> Mike
>  
> 
> 
>> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>> wrote:
>>  
>> Dear Andrew, Members and the whole Afrinic community,
>> Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
>> The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
>> The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected. 
>> The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
>> Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.
>> 
>> Kind regards
>> 
>> 
>> On 11/04/2018 08:42, Andrew Alston wrote:
>>> Hi AfriNIC Board,
>>>  
>>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>>  
>>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>>>  
>>> Andrew
>>>  
>>>  
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>> 
>> -- 
>> Abibu R. Ntahigiye
>>  
>> CEO, tzNIC / Interim Chairman, Afrinic.
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>  
> _______________________________________________
> Community-Discuss mailing list
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From owen at delong.com  Wed Apr 11 14:15:23 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 07:15:23 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <1a3e51c1-761d-4497-8c60-78738b76430d@go6.si>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>
 <E0F02788-D7D8-4231-A493-6F53DC382AC8@steffann.nl>
 <7FB53578-1135-430B-A0F9-3CD04256EF56@liquidtelecom.com>
 <1a3e51c1-761d-4497-8c60-78738b76430d@go6.si>
Message-ID: <0DFD9FD7-84CD-40C3-9F8B-C1338904BAF1@delong.com>

Can we get a clarification from staff whether the wording in this motion would permit or preclude electronic voting for the directors to be elected at the proposed SGMM?

Thanks,

Owen


> On Apr 11, 2018, at 06:10 , Jan Zorz Go6 <jan at go6.si> wrote:
> 
> Oh boy... Interesting AGMM awaits in Dakar, as it seems :)
> 
> Cheers, Jan ?or?
> ---
> Sent from mobile phone, please excuse brevity and top-posting...
> On Apr 11, 2018, at 15:06, Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
> Hi Sander,
> 
> Mark tabled the following motion (and has agreed to let me send this to the community list on the phone just now) ? this motion has also been accepted in emails to the members list from the board 
> 
> 
> ---- From Mark?s email to the member list ----
> 
> I have been watching the mailing lists where Sunday, whom I consider a friend, has admitted to violating the NDA. He has stood down as chair but not tendered his resignation. There was a Board Meeting last night according to the mailing lists. The Board appear not to have ask Sunday to stand down (there was no announcement along these lines, therefore I request the following be tabled at upcoming AGMM in Dakar. As this is not a vote to remove the directors, but rather to express the communities lack of confidence in them, and to request their resignations, I request that this be tabled as a standard resolution.
> 
> Introduction:
> 
> In 2014, the board of directors (I was a director at that time) passed a resolution laying out the sanctions for NDA violations ? that violations of the NDA could be result in expulsion from the board of directors.  In 2014, during a meeting in Tunis, that resolution was used to request, and subsequently gain, the resignation of two members of the board of directors.
> 
> During allegations made recently on an unrelated matter, it came to light that the former chair of the board, Mr Sunday Folayan, wilfully and blatantly shared information related directly to the company, with a junior member of staff, and an admission in this regard was made to the community in an email sent by Mr Folayan on the 16th of March 2018.
> 
> It is my belief that the sharing of the information was a direct contravention of the NDA ? as well as a direct contravention of various sections of the companies act relating to the duties and responsibilities of a director.
> 
> Since this time ? there have been numerous calls for Mr Folayan to resign from the board ? something that as of now he has not done.  There have also been numerous calls for the board to act against Mr. Folayan in this regard.  The board has failed to do this ? and is acting outside of historic precedent regarding similar violations.
> 
> As such, it is my belief that the entire board is in violation of its duties and of the trust of the community ? the degree of that loss of confidence will be tested by this motion as is proper procedure.
> 
> It is also acknowledged that the board has the right to defy this motion and continue to claim legitimacy under strict legal interpretation ? hence ? this motion is phrased as a request ? with the knowledge that should the board not adhere to this request if this motion passes ? they will lose all credibility and the ability to claim legitimacy as representatives of the member base of AfriNIC ? irrespective of their legal standing.
> 
> As a former Board member and the proposer of this resolution, I wish to state that if this motion be passed and the request granted, I will not be standing for any seat myself.
> With this in mind:
> 
> The members of AfriNIC here by RESOLVE:
> 
> To state that the members of AfriNIC have lost all confidence in the current board of directors to act in the best interests of the company or its registered, resource and associate members.
> To request the resignations of every member of the board of directors with immediate effect
> To request that Viv Padayachee act as caretaker director with the sole purpose of appointing a NomCOM and convening an SGMM at which a full election will be held to appoint a new board of directors
> To elect a new board of directors by ballot at an SGMM within 90 days of these proceedings ? at which point directors elected will hold their positions for the remainder of the specific term of the seat to which they are appointed.
> 
> 
> ---- End of Mark?s email ----
> 
> On 11/04/2018, 16:00, "Sander Steffann" <sander at steffann.nl> wrote:
> 
>     Hi,
>     
>  Considering that the board is facing a tabled and accepted motion of no confidence in Dakar ? which has been accepted to the Agenda
>     
>     Wait, what motion? I have seen the message from Sunday that he is stepping down as chair, and I of course have seen the allegations. I haven't seen a motion on this list though...
>     
>     Cheers,
>     Sander
>     
>     
> 
> 
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss

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From silber.mike at gmail.com  Wed Apr 11 14:19:17 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Wed, 11 Apr 2018 16:19:17 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <E2E04A2E-CE90-4137-9068-85108DD84590@afrinic.net>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
 <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
 <E2E04A2E-CE90-4137-9068-85108DD84590@afrinic.net>
Message-ID: <B56FF836-D6A5-48A4-A157-C8EF9D262780@gmail.com>

I would agree with that completely

The Mauritius DPA is actually aligned with the old EU Data Privacy Directive and not the GDPR.

There are some interesting changes from the DPD to the GDPR. Most are quite minor in language (but could be more significant in application - time will tell).


> On 11 Apr 2018, at 16:00, Alan Barrett <alan.barrett at afrinic.net> wrote:
> 
> 
> 
>> On 11 Apr 2018, at 17:54, Mike Silber <silber.mike at gmail.com> wrote:
>> 
>> No issue with doing a proper information audit (what there is, where it is stored, how it can be accessed and by whom). That is just good information security practice.
>> 
>> However I am still not certain that holding any of that information actually makes AfriNIC a controller in terms of the GDPR.
> 
> I am pretty sure that AFRINIC is a data controller in terms of the Mauritius Data Protection Act, which is aligned with GDPR.
> 
> Yes, we are auditing the information we hold and the way we process it, and I expect to be able to report on progress at the AIS meeting in early May.
> 
> Alan
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss




From Andrew.Alston at liquidtelecom.com  Wed Apr 11 14:19:33 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 14:19:33 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
Message-ID: <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>

Owen,

Would the fact that AfriNIC serves  La R?union and Mayotte not create such a nexus since both are formally part of the EU?

In the same way ? there are various EU members served by ARIN?

Andrew


From: Owen DeLong [mailto:owen at delong.com]
Sent: 11 April 2018 17:12
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: Mike Silber <silber.mike at gmail.com>; Abibu R. Ntahigiye <abibu at tznic.or.tz>; General Discussions of AFRINIC <community-discuss at afrinic.net>; AfriNIC Discuss <members-discuss at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

Roughly translated:
               The ability of EU to inflict GDPR on those operators outside of EU is predicated on that operator
               having some business operation or presence within the EU which allows them to subject you to their
               jurisdiction. Determining that you have said presence requires a specific determination by the
               EU member state where said presence exists.

I?m pretty sure AfriNIC has no such nexus.

However, what is left out of Mike?s statement is the potential that any other country may have signed some
sort of treaty with the EU (or a member state) which subjects them to GDPR and/or grants additional
extraterritorial rights to the EU. Such is (unfortunately) the case with the US, for example.

Another key point is that EU citizens not living in Europe are not covered by GDPR. Non-EU citizens living
within the EU are covered by GDPR. (At least that is my understanding? AIUI, GDPR applies to EU residents,
not EU citizens.)

Owen



On Apr 11, 2018, at 06:44 , Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:

Thanks Mike,

That?s actually pretty useful in some sense ? but can I ask for an English interpretation of the last sentence for those of us that sadly don?t speak Lawyer ?

Thanks

Andrew


From: Mike Silber <silber.mike at gmail.com<mailto:silber.mike at gmail.com>>
Date: Wednesday, 11 April 2018 at 16:34
To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz<mailto:abibu at tznic.or.tz>>
Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>>, General Discussions of AFRINIC <community-discuss at afrinic.net<mailto:community-discuss at afrinic.net>>, AfriNIC Discuss <members-discuss at afrinic.net<mailto:members-discuss at afrinic.net>>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.

The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.

In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.

The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.

Mike




On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz<mailto:abibu at tznic.or.tz>> wrote:

Dear Andrew, Members and the whole Afrinic community,
Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected.
The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.

Kind regards



On 11/04/2018 08:42, Andrew Alston wrote:
Hi AfriNIC Board,

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.

Andrew



_______________________________________________

Community-Discuss mailing list

Community-Discuss at afrinic.net<mailto:Community-Discuss at afrinic.net>

https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>




--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chairman, Afrinic.
_______________________________________________
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From Andrew.Alston at liquidtelecom.com  Wed Apr 11 14:21:32 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 14:21:32 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <0DFD9FD7-84CD-40C3-9F8B-C1338904BAF1@delong.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>
 <E0F02788-D7D8-4231-A493-6F53DC382AC8@steffann.nl>
 <7FB53578-1135-430B-A0F9-3CD04256EF56@liquidtelecom.com>
 <1a3e51c1-761d-4497-8c60-78738b76430d@go6.si>
 <0DFD9FD7-84CD-40C3-9F8B-C1338904BAF1@delong.com>
Message-ID: <HE1PR0301MB2570A6C8BDC8DEC3EFD1FBBCEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>

Owen,

I would presume that people could still vote for said directors ? both before or after the vote is passed if it does indeed pass.

I would however hope that if the vote passed ? the directors who were part of the current board would do the honorable thing and honor the motion and step aside.

Andrew


From: Owen DeLong [mailto:owen at delong.com]
Sent: 11 April 2018 17:15
To: Jan Zorz Go6 <jan at go6.si>
Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>; community-discuss at afrinic.net; members-discuss at afrinic.net
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

Can we get a clarification from staff whether the wording in this motion would permit or preclude electronic voting for the directors to be elected at the proposed SGMM?

Thanks,

Owen



On Apr 11, 2018, at 06:10 , Jan Zorz Go6 <jan at go6.si<mailto:jan at go6.si>> wrote:

Oh boy... Interesting AGMM awaits in Dakar, as it seems :)
Cheers, Jan ?or?
---
Sent from mobile phone, please excuse brevity and top-posting...
On Apr 11, 2018, at 15:06, Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:

Hi Sander,

Mark tabled the following motion (and has agreed to let me send this to the community list on the phone just now) ? this motion has also been accepted in emails to the members list from the board


---- From Mark?s email to the member list ----

I have been watching the mailing lists where Sunday, whom I consider a friend, has admitted to violating the NDA. He has stood down as chair but not tendered his resignation. There was a Board Meeting last night according to the mailing lists. The Board appear not to have ask Sunday to stand down (there was no announcement along these lines, therefore I request the following be tabled at upcoming AGMM in Dakar. As this is not a vote to remove the directors, but rather to express the communities lack of confidence in them, and to request their resignations, I request that this be tabled as a standard resolution.

Introduction:

In 2014, the board of directors (I was a director at that time) passed a resolution laying out the sanctions for NDA violations ? that violations of the NDA could be result in expulsion from the board of directors.  In 2014, during a meeting in Tunis, that resolution was used to request, and subsequently gain, the resignation of two members of the board of directors.

During allegations made recently on an unrelated matter, it came to light that the former chair of the board, Mr Sunday Folayan, wilfully and blatantly shared information related directly to the company, with a junior member of staff, and an admission in this regard was made to the community in an email sent by Mr Folayan on the 16th of March 2018.

It is my belief that the sharing of the information was a direct contravention of the NDA ? as well as a direct contravention of various sections of the companies act relating to the duties and responsibilities of a director.

Since this time ? there have been numerous calls for Mr Folayan to resign from the board ? something that as of now he has not done.  There have also been numerous calls for the board to act against Mr. Folayan in this regard.  The board has failed to do this ? and is acting outside of historic precedent regarding similar violations.

As such, it is my belief that the entire board is in violation of its duties and of the trust of the community ? the degree of that loss of confidence will be tested by this motion as is proper procedure.

It is also acknowledged that the board has the right to defy this motion and continue to claim legitimacy under strict legal interpretation ? hence ? this motion is phrased as a request ? with the knowledge that should the board not adhere to this request if this motion passes ? they will lose all credibility and the ability to claim legitimacy as representatives of the member base of AfriNIC ? irrespective of their legal standing.

As a former Board member and the proposer of this resolution, I wish to state that if this motion be passed and the request granted, I will not be standing for any seat myself.
With this in mind:

The members of AfriNIC here by RESOLVE:

To state that the members of AfriNIC have lost all confidence in the current board of directors to act in the best interests of the company or its registered, resource and associate members.
To request the resignations of every member of the board of directors with immediate effect
To request that Viv Padayachee act as caretaker director with the sole purpose of appointing a NomCOM and convening an SGMM at which a full election will be held to appoint a new board of directors
To elect a new board of directors by ballot at an SGMM within 90 days of these proceedings ? at which point directors elected will hold their positions for the remainder of the specific term of the seat to which they are appointed.


---- End of Mark?s email ----

On 11/04/2018, 16:00, "Sander Steffann" <sander at steffann.nl<mailto:sander at steffann.nl>> wrote:

    Hi,


 Considering that the board is facing a tabled and accepted motion of no confidence in Dakar ? which has been accepted to the Agenda


    Wait, what motion? I have seen the message from Sunday that he is stepping down as chair, and I of course have seen the allegations. I haven't seen a motion on this list though...

    Cheers,
    Sander



________________________________

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From owen at delong.com  Wed Apr 11 14:21:42 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 07:21:42 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB2570286F41B47AFB7B2A7CDBEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
 <HE1PR0301MB25708064F190A827DEF6734BEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <HE1PR0301MB2570286F41B47AFB7B2A7CDBEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <A4369A15-C83A-47FC-B1FF-817E14BE3B20@delong.com>



> On Apr 11, 2018, at 03:51 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Btw Owen,
>  
> I might also point out ? AfriNIC has EU territories that it services directly ? which heightens this even further
>  
> Andrew
>  
>  
> From: Andrew Alston [mailto:Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>] 
> Sent: 11 April 2018 13:06
> To: Owen DeLong <owen at delong.com <mailto:owen at delong.com>>
> Cc: General <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>; AFRINIC Board of Directors' List <Board at afrinic.net <mailto:Board at afrinic.net>>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> Owen,
>  
> Firstly ? AfriNIC does hold data on EU residents ? that is without question ? I know of a couple of cases of EU residents with their data held by AfriNIC without even thinking of it.

Yes, but this, alone, does not subject AfriNIC to EU jurisdiction and therefore GDPR.

> Secondly ? irrespective of if they are signatories or not ? if AfriNIC chooses to do any business with RIPE for example, they are doing business with an EU entity and can be prevented from doing so if they don?t comply is my understanding.

Gray area. I?m not sure that AfriNIC does anything which would count as ?business? with RIPE in any case. Their business
relationship is with PTI. Their relationship with RIPE is as fellow members of a trade organization.
 
> Irrespective of this ? the AfriNIC board if they believe they do not need to comply in any way shape or form ? needs to state that to this community and to its members and give reasons as to why not ? at that point ? the affected members can then make an informed decision as to their course of action should they choose one. But ? AfriNIC still has an obligation to inform its community as to its standing in this regard and do so before the legislation becomes reality.

Sure. I?m just saying, it?s not clear at this time that AfriNIC is even subject to GDPR and it seems to me that would be the first question to ask before embarking on a journey involving how to comply with a law to which the organization might not even be subject.

Owen

>  
> Please note clause 3.4.vii of the bylaws:
>  
> (vii) to disseminate among its members information on all matters affecting the Company and its members and to provide for and be a central channel of communication for the members of the Company and generally for the furtherance and promotion of their interests;
>  
> Andrew
>  
> From: Owen DeLong [mailto:owen at delong.com <mailto:owen at delong.com>] 
> Sent: 11 April 2018 09:08
> To: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>
> Cc: General <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>; AFRINIC Board of Directors' List <Board at afrinic.net <mailto:Board at afrinic.net>>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
> Importance: High
>  
>  
>  
> 
> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>  
> Hi AfriNIC Board,
>  
> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>  
> Is Mauritius signatory to some treaty making them subject to GDPR?
>  
> 
> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>  
> It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).
>  
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
>  
> Owen

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From silber.mike at gmail.com  Wed Apr 11 14:23:08 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Wed, 11 Apr 2018 16:23:08 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <D002C638-0FA6-4BDC-922C-72674C5A90B7@gmail.com>

They are not Member States.

And Owen is not really that accurate in his interpretation. He mixes up enforcement (real nexus through operations) with some theoretical applicability which is poorly defined and has no practical expression in the GDPR and will need national DPAs to provide teeth.

> On 11 Apr 2018, at 16:19, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Owen,
>  
> Would the fact that AfriNIC serves  La R?union and Mayotte not create such a nexus since both are formally part of the EU?
>  
> In the same way ? there are various EU members served by ARIN?
>  
> Andrew
>  
>  
> From: Owen DeLong [mailto:owen at delong.com] 
> Sent: 11 April 2018 17:12
> To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
> Cc: Mike Silber <silber.mike at gmail.com>; Abibu R. Ntahigiye <abibu at tznic.or.tz>; General Discussions of AFRINIC <community-discuss at afrinic.net>; AfriNIC Discuss <members-discuss at afrinic.net>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> Roughly translated:
>                The ability of EU to inflict GDPR on those operators outside of EU is predicated on that operator
>                having some business operation or presence within the EU which allows them to subject you to their
>                jurisdiction. Determining that you have said presence requires a specific determination by the
>                EU member state where said presence exists.
>  
> I?m pretty sure AfriNIC has no such nexus.
>  
> However, what is left out of Mike?s statement is the potential that any other country may have signed some
> sort of treaty with the EU (or a member state) which subjects them to GDPR and/or grants additional
> extraterritorial rights to the EU. Such is (unfortunately) the case with the US, for example.
>  
> Another key point is that EU citizens not living in Europe are not covered by GDPR. Non-EU citizens living
> within the EU are covered by GDPR. (At least that is my understanding? AIUI, GDPR applies to EU residents,
> not EU citizens.)
>  
> Owen
>  
> 
> 
> On Apr 11, 2018, at 06:44 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>  
> Thanks Mike,
>  
> That?s actually pretty useful in some sense ? but can I ask for an English interpretation of the last sentence for those of us that sadly don?t speak Lawyer ?
>  
> Thanks
>  
> Andrew
>  
>  
> From: Mike Silber <silber.mike at gmail.com <mailto:silber.mike at gmail.com>>
> Date: Wednesday, 11 April 2018 at 16:34
> To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>>
> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>, General Discussions of AFRINIC <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>, AfriNIC Discuss <members-discuss at afrinic.net <mailto:members-discuss at afrinic.net>>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.
>  
> The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.
>  
> In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.
>  
> The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.
>  
> Mike
>  
> 
> 
> 
> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>> wrote:
>  
> Dear Andrew, Members and the whole Afrinic community,
> Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
> The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
> The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected. 
> The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
> Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.
> 
> Kind regards
> 
> 
> 
> On 11/04/2018 08:42, Andrew Alston wrote:
> Hi AfriNIC Board,
>  
> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>  
> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>  
> Andrew
>  
>  
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> 
> 
> 
> -- 
> Abibu R. Ntahigiye
>  
> CEO, tzNIC / Interim Chairman, Afrinic.
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>  
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
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From seeburn.k at gmail.com  Wed Apr 11 14:24:15 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Wed, 11 Apr 2018 18:24:15 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB2570A6C8BDC8DEC3EFD1FBBCEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>
 <E0F02788-D7D8-4231-A493-6F53DC382AC8@steffann.nl>
 <7FB53578-1135-430B-A0F9-3CD04256EF56@liquidtelecom.com>
 <1a3e51c1-761d-4497-8c60-78738b76430d@go6.si>
 <0DFD9FD7-84CD-40C3-9F8B-C1338904BAF1@delong.com>
 <HE1PR0301MB2570A6C8BDC8DEC3EFD1FBBCEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <A5A11F33-5007-4EC8-9928-03FF378F49EA@gmail.com>

Well the vote for board does not apply they are elected in this case by ?Acclamation? does not need a vote per say as there are only one candidate up to PDWG.

> On Apr 11, 2018, at 18:21, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Owen,
>  
> I would presume that people could still vote for said directors ? both before or after the vote is passed if it does indeed pass.
>  
> I would however hope that if the vote passed ? the directors who were part of the current board would do the honorable thing and honor the motion and step aside.
>  
> Andrew
>  
>  
> From: Owen DeLong [mailto:owen at delong.com <mailto:owen at delong.com>] 
> Sent: 11 April 2018 17:15
> To: Jan Zorz Go6 <jan at go6.si <mailto:jan at go6.si>>
> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>; community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>; members-discuss at afrinic.net <mailto:members-discuss at afrinic.net>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> Can we get a clarification from staff whether the wording in this motion would permit or preclude electronic voting for the directors to be elected at the proposed SGMM?
>  
> Thanks,
>  
> Owen
>  
> 
> 
> On Apr 11, 2018, at 06:10 , Jan Zorz Go6 <jan at go6.si <mailto:jan at go6.si>> wrote:
>  
> Oh boy... Interesting AGMM awaits in Dakar, as it seems :)
> 
> Cheers, Jan ?or?
> ---
> Sent from mobile phone, please excuse brevity and top-posting...
> On Apr 11, 2018, at 15:06, Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
> Hi Sander,
> 
> Mark tabled the following motion (and has agreed to let me send this to the community list on the phone just now) ? this motion has also been accepted in emails to the members list from the board 
> 
> 
> ---- From Mark?s email to the member list ----
> 
> I have been watching the mailing lists where Sunday, whom I consider a friend, has admitted to violating the NDA. He has stood down as chair but not tendered his resignation. There was a Board Meeting last night according to the mailing lists. The Board appear not to have ask Sunday to stand down (there was no announcement along these lines, therefore I request the following be tabled at upcoming AGMM in Dakar. As this is not a vote to remove the directors, but rather to express the communities lack of confidence in them, and to request their resignations, I request that this be tabled as a standard resolution.
> 
> Introduction:
> 
> In 2014, the board of directors (I was a director at that time) passed a resolution laying out the sanctions for NDA violations ? that violations of the NDA could be result in expulsion from the board of directors.  In 2014, during a meeting in Tunis, that resolution was used to request, and subsequently gain, the resignation of two members of the board of directors.
> 
> During allegations made recently on an unrelated matter, it came to light that the former chair of the board, Mr Sunday Folayan, wilfully and blatantly shared information related directly to the company, with a junior member of staff, and an admission in this regard was made to the community in an email sent by Mr Folayan on the 16th of March 2018.
> 
> It is my belief that the sharing of the information was a direct contravention of the NDA ? as well as a direct contravention of various sections of the companies act relating to the duties and responsibilities of a director.
> 
> Since this time ? there have been numerous calls for Mr Folayan to resign from the board ? something that as of now he has not done.  There have also been numerous calls for the board to act against Mr. Folayan in this regard.  The board has failed to do this ? and is acting outside of historic precedent regarding similar violations.
> 
> As such, it is my belief that the entire board is in violation of its duties and of the trust of the community ? the degree of that loss of confidence will be tested by this motion as is proper procedure.
> 
> It is also acknowledged that the board has the right to defy this motion and continue to claim legitimacy under strict legal interpretation ? hence ? this motion is phrased as a request ? with the knowledge that should the board not adhere to this request if this motion passes ? they will lose all credibility and the ability to claim legitimacy as representatives of the member base of AfriNIC ? irrespective of their legal standing.
> 
> As a former Board member and the proposer of this resolution, I wish to state that if this motion be passed and the request granted, I will not be standing for any seat myself.
> With this in mind:
> 
> The members of AfriNIC here by RESOLVE:
> 
> To state that the members of AfriNIC have lost all confidence in the current board of directors to act in the best interests of the company or its registered, resource and associate members.
> To request the resignations of every member of the board of directors with immediate effect
> To request that Viv Padayachee act as caretaker director with the sole purpose of appointing a NomCOM and convening an SGMM at which a full election will be held to appoint a new board of directors
> To elect a new board of directors by ballot at an SGMM within 90 days of these proceedings ? at which point directors elected will hold their positions for the remainder of the specific term of the seat to which they are appointed.
> 
> 
> ---- End of Mark?s email ----
> 
> On 11/04/2018, 16:00, "Sander Steffann" <sander at steffann.nl <mailto:sander at steffann.nl>> wrote:
> 
>     Hi,
>     
>  Considering that the board is facing a tabled and accepted motion of no confidence in Dakar ? which has been accepted to the Agenda
>     
>     Wait, what motion? I have seen the message from Sunday that he is stepping down as chair, and I of course have seen the allegations. I haven't seen a motion on this list though...
>     
>     Cheers,
>     Sander
>     
>     
> 
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>  
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>




Kris Seeburn
seeburn.k at gmail.com
www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>

"Life is a Beach, it all depends at how you look at it"



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From owen at delong.com  Wed Apr 11 14:25:15 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 07:25:15 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <37907F0F-BDA7-4224-9090-97DB6CB93F7B@consulintel.es>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
 <HE1PR0301MB25708064F190A827DEF6734BEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <37907F0F-BDA7-4224-9090-97DB6CB93F7B@consulintel.es>
Message-ID: <C4186C32-83CC-4E9B-B13F-46A8C7F4C15A@delong.com>

First, that article is written very much from a US perspective and addresses concerns strictly from the US and in some cases UK perspective.

Second, this paragraph is key:

Taking this into account, he advises: ?Organisations outside of Europe must first decide if they currently are ? or are planning to ? conduct business in the region. Once they have answered this question, the next port of call is dissecting their intended business model to understand if they handle citizen data and if so, what that data is.?

It?s not clear that AfriNIC ?conducts business in the region?.

Finally, it?s an EU law. AfriNIC is not an EU subject. If AfriNIC has nexus in the EU, then it could become subject to EU law. If Mauritius has signed a treaty with EU granting EU extraterritorial jurisdiction, it could become subject to EU law. Otherwise, no.

Owen

> On Apr 11, 2018, at 03:33 , JORDI PALET MARTINEZ <jordi.palet at consulintel.es> wrote:
> 
> I think Andrew is right.
>  
> I just found a short article that explains it:
>  
> https://www.gdprandbeyond.com/blog-post/data-privacy/gdpr-affect-non-european-companies/ <https://www.gdprandbeyond.com/blog-post/data-privacy/gdpr-affect-non-european-companies/>
>  
> If you don?t want to read all the article, this is the key:
>  
> ?The short answer is: the regulation will affect firms both inside and outside of the EU. In fact, any company dealing with EU businesses?, residents?, or citizens? data will have to comply with the GDPR.?
>  
> Even more than that, it affects any company that may hold data from EU citizens, and that includes IP addresses.
>  
> For example, if EU citizens are using a DNS resolver sitting in any AfriNIC country, then the logs with the IP addresses of the queries are subjected to the GDPR, if you make business out of those logs, and don?t anonymize them, you are subjected to fines of up to 4% of your annual turnover, up to a maximum of 20 million euros.
>  
> In chats with EU lawyers, they basically told that there is a long road with this regulation in the courts, and ISPs need to be aware that this means that if their customers do ?bad? things with EU citizens personal data, and they don?t react on those ?abuse? cases, you may be at the end of the history, liable for that.
> 
> Regards,
> Jordi
> 
>  
> De: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>
> Fecha: mi?rcoles, 11 de abril de 2018, 12:15
> Para: Owen DeLong <owen at delong.com <mailto:owen at delong.com>>
> CC: General <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>, AFRINIC Board of Directors' List <Board at afrinic.net <mailto:Board at afrinic.net>>
> Asunto: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> Owen, <>
>  
> Firstly ? AfriNIC does hold data on EU residents ? that is without question ? I know of a couple of cases of EU residents with their data held by AfriNIC without even thinking of it.
> Secondly ? irrespective of if they are signatories or not ? if AfriNIC chooses to do any business with RIPE for example, they are doing business with an EU entity and can be prevented from doing so if they don?t comply is my understanding.
>  
> Irrespective of this ? the AfriNIC board if they believe they do not need to comply in any way shape or form ? needs to state that to this community and to its members and give reasons as to why not ? at that point ? the affected members can then make an informed decision as to their course of action should they choose one. But ? AfriNIC still has an obligation to inform its community as to its standing in this regard and do so before the legislation becomes reality.
>  
> Please note clause 3.4.vii of the bylaws:
>  
> (vii) to disseminate among its members information on all matters affecting the Company and its members and to provide for and be a central channel of communication for the members of the Company and generally for the furtherance and promotion of their interests;
>  
> Andrew
>  
> From: Owen DeLong [mailto:owen at delong.com <mailto:owen at delong.com>] 
> Sent: 11 April 2018 09:08
> To: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>
> Cc: General <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>; AFRINIC Board of Directors' List <Board at afrinic.net <mailto:Board at afrinic.net>>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
> Importance: High
>  
>  
> 
> 
> 
>> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>>  
>> Hi AfriNIC Board,
>>  
>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>  
> Is Mauritius signatory to some treaty making them subject to GDPR?
>  
> 
> 
>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>  
> It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).
>  
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
>  
> Owen
>  
> _______________________________________________ Community-Discuss mailing list Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> **********************************************
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> Are you ready for the new Internet ?
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> The IPv6 Company
> 
> This electronic message contains information which may be privileged or confidential. The information is intended to be for the exclusive use of the individual(s) named above and further non-explicilty authorized disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited and will be considered a criminal offense. If you are not the intended recipient be aware that any disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited, will be considered a criminal offense, so you must reply to the original sender to inform about this communication and delete it.

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From seeburn.k at gmail.com  Wed Apr 11 14:28:23 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Wed, 11 Apr 2018 18:28:23 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <D002C638-0FA6-4BDC-922C-72674C5A90B7@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <D002C638-0FA6-4BDC-922C-72674C5A90B7@gmail.com>
Message-ID: <6450B7A0-5B2D-4E94-8F67-286B40F9EBB7@gmail.com>

Mike

R?union and Mayotte are the outermost region <https://en.wikipedia.org/wiki/Special_member_state_territories_and_the_European_Union> of the European Union <https://en.wikipedia.org/wiki/European_Union> and, as an overseas department of France, part of the Eurozone <https://en.wikipedia.org/wiki/Eurozone>



> On Apr 11, 2018, at 18:23, Mike Silber <silber.mike at gmail.com> wrote:
> 
> They are not Member States.
> 
> And Owen is not really that accurate in his interpretation. He mixes up enforcement (real nexus through operations) with some theoretical applicability which is poorly defined and has no practical expression in the GDPR and will need national DPAs to provide teeth.
> 
>> On 11 Apr 2018, at 16:19, Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>> 
>> Owen,
>>  
>> Would the fact that AfriNIC serves  La R?union and Mayotte not create such a nexus since both are formally part of the EU?
>>  
>> In the same way ? there are various EU members served by ARIN?
>>  
>> Andrew
>>  
>>  
>> From: Owen DeLong [mailto:owen at delong.com <mailto:owen at delong.com>] 
>> Sent: 11 April 2018 17:12
>> To: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>
>> Cc: Mike Silber <silber.mike at gmail.com <mailto:silber.mike at gmail.com>>; Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>>; General Discussions of AFRINIC <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>; AfriNIC Discuss <members-discuss at afrinic.net <mailto:members-discuss at afrinic.net>>
>> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>>  
>> Roughly translated:
>>                The ability of EU to inflict GDPR on those operators outside of EU is predicated on that operator
>>                having some business operation or presence within the EU which allows them to subject you to their
>>                jurisdiction. Determining that you have said presence requires a specific determination by the
>>                EU member state where said presence exists.
>>  
>> I?m pretty sure AfriNIC has no such nexus.
>>  
>> However, what is left out of Mike?s statement is the potential that any other country may have signed some
>> sort of treaty with the EU (or a member state) which subjects them to GDPR and/or grants additional
>> extraterritorial rights to the EU. Such is (unfortunately) the case with the US, for example.
>>  
>> Another key point is that EU citizens not living in Europe are not covered by GDPR. Non-EU citizens living
>> within the EU are covered by GDPR. (At least that is my understanding? AIUI, GDPR applies to EU residents,
>> not EU citizens.)
>>  
>> Owen
>>  
>> 
>> 
>> On Apr 11, 2018, at 06:44 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>>  
>> Thanks Mike,
>>  
>> That?s actually pretty useful in some sense ? but can I ask for an English interpretation of the last sentence for those of us that sadly don?t speak Lawyer ?
>>  
>> Thanks
>>  
>> Andrew
>>  
>>  
>> From: Mike Silber <silber.mike at gmail.com <mailto:silber.mike at gmail.com>>
>> Date: Wednesday, 11 April 2018 at 16:34
>> To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>>
>> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>, General Discussions of AFRINIC <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>, AfriNIC Discuss <members-discuss at afrinic.net <mailto:members-discuss at afrinic.net>>
>> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>>  
>> If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.
>>  
>> The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.
>>  
>> In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.
>>  
>> The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.
>>  
>> Mike
>>  
>> 
>> 
>> 
>> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>> wrote:
>>  
>> Dear Andrew, Members and the whole Afrinic community,
>> Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
>> The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
>> The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected. 
>> The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
>> Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.
>> 
>> Kind regards
>> 
>> 
>> 
>> On 11/04/2018 08:42, Andrew Alston wrote:
>> Hi AfriNIC Board,
>>  
>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>  
>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>>  
>> Andrew
>>  
>>  
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>> 
>> 
>> 
>> -- 
>> Abibu R. Ntahigiye
>>  
>> CEO, tzNIC / Interim Chairman, Afrinic.
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>>  
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss





Kris Seeburn
seeburn.k at gmail.com
www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>

"Life is a Beach, it all depends at how you look at it"



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From silber.mike at gmail.com  Wed Apr 11 14:34:40 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Wed, 11 Apr 2018 16:34:40 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <6450B7A0-5B2D-4E94-8F67-286B40F9EBB7@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <D002C638-0FA6-4BDC-922C-72674C5A90B7@gmail.com>
 <6450B7A0-5B2D-4E94-8F67-286B40F9EBB7@gmail.com>
Message-ID: <D1257ADD-AE2C-47AE-A6C7-F67F95458A09@gmail.com>

Respectfully Kris - they are a French overseas territory and this subject to French law.

They are not members of the EU in their own right.

As such - we need to hear from the French DPA on their interpretation and not chasing a chimera.

I would not worry unless and until the French DPA proclaims that it has jurisdiction over AfriNIC. Even then, I think that is challengeable.

> On 11 Apr 2018, at 16:28, Kris Seeburn <seeburn.k at gmail.com> wrote:
> 
> Mike
> 
> R?union and Mayotte are the outermost region <https://en.wikipedia.org/wiki/Special_member_state_territories_and_the_European_Union> of the European Union <https://en.wikipedia.org/wiki/European_Union> and, as an overseas department of France, part of the Eurozone <https://en.wikipedia.org/wiki/Eurozone>
> 
> 
> 
>> On Apr 11, 2018, at 18:23, Mike Silber <silber.mike at gmail.com <mailto:silber.mike at gmail.com>> wrote:
>> 
>> They are not Member States.
>> 
>> And Owen is not really that accurate in his interpretation. He mixes up enforcement (real nexus through operations) with some theoretical applicability which is poorly defined and has no practical expression in the GDPR and will need national DPAs to provide teeth.
>> 
>>> On 11 Apr 2018, at 16:19, Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>>> 
>>> Owen,
>>>  
>>> Would the fact that AfriNIC serves  La R?union and Mayotte not create such a nexus since both are formally part of the EU?
>>>  
>>> In the same way ? there are various EU members served by ARIN?
>>>  
>>> Andrew
>>>  
>>>  
>>> From: Owen DeLong [mailto:owen at delong.com <mailto:owen at delong.com>] 
>>> Sent: 11 April 2018 17:12
>>> To: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>
>>> Cc: Mike Silber <silber.mike at gmail.com <mailto:silber.mike at gmail.com>>; Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>>; General Discussions of AFRINIC <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>; AfriNIC Discuss <members-discuss at afrinic.net <mailto:members-discuss at afrinic.net>>
>>> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>>>  
>>> Roughly translated:
>>>                The ability of EU to inflict GDPR on those operators outside of EU is predicated on that operator
>>>                having some business operation or presence within the EU which allows them to subject you to their
>>>                jurisdiction. Determining that you have said presence requires a specific determination by the
>>>                EU member state where said presence exists.
>>>  
>>> I?m pretty sure AfriNIC has no such nexus.
>>>  
>>> However, what is left out of Mike?s statement is the potential that any other country may have signed some
>>> sort of treaty with the EU (or a member state) which subjects them to GDPR and/or grants additional
>>> extraterritorial rights to the EU. Such is (unfortunately) the case with the US, for example.
>>>  
>>> Another key point is that EU citizens not living in Europe are not covered by GDPR. Non-EU citizens living
>>> within the EU are covered by GDPR. (At least that is my understanding? AIUI, GDPR applies to EU residents,
>>> not EU citizens.)
>>>  
>>> Owen
>>>  
>>> 
>>> 
>>> On Apr 11, 2018, at 06:44 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>>>  
>>> Thanks Mike,
>>>  
>>> That?s actually pretty useful in some sense ? but can I ask for an English interpretation of the last sentence for those of us that sadly don?t speak Lawyer ?
>>>  
>>> Thanks
>>>  
>>> Andrew
>>>  
>>>  
>>> From: Mike Silber <silber.mike at gmail.com <mailto:silber.mike at gmail.com>>
>>> Date: Wednesday, 11 April 2018 at 16:34
>>> To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>>
>>> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>, General Discussions of AFRINIC <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>, AfriNIC Discuss <members-discuss at afrinic.net <mailto:members-discuss at afrinic.net>>
>>> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>>>  
>>> If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.
>>>  
>>> The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.
>>>  
>>> In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.
>>>  
>>> The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.
>>>  
>>> Mike
>>>  
>>> 
>>> 
>>> 
>>> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>> wrote:
>>>  
>>> Dear Andrew, Members and the whole Afrinic community,
>>> Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
>>> The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
>>> The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected. 
>>> The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
>>> Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.
>>> 
>>> Kind regards
>>> 
>>> 
>>> 
>>> On 11/04/2018 08:42, Andrew Alston wrote:
>>> Hi AfriNIC Board,
>>>  
>>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>>  
>>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>>>  
>>> Andrew
>>>  
>>>  
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>>> 
>>> 
>>> 
>>> -- 
>>> Abibu R. Ntahigiye
>>>  
>>> CEO, tzNIC / Interim Chairman, Afrinic.
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>>>  
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
> 
> 
> 
> 
> 
> Kris Seeburn
> seeburn.k at gmail.com <mailto:seeburn.k at gmail.com>
> www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>
> 
> "Life is a Beach, it all depends at how you look at it"
> 
> <KeepItOn_Social_animated.gif>
> 

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From alan.barrett at afrinic.net  Wed Apr 11 14:39:30 2018
From: alan.barrett at afrinic.net (Alan Barrett)
Date: Wed, 11 Apr 2018 18:39:30 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <B56FF836-D6A5-48A4-A157-C8EF9D262780@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
 <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
 <E2E04A2E-CE90-4137-9068-85108DD84590@afrinic.net>
 <B56FF836-D6A5-48A4-A157-C8EF9D262780@gmail.com>
Message-ID: <D4348CBC-A162-45D7-B6D3-43A077960631@afrinic.net>



> On 11 Apr 2018, at 18:19, Mike Silber <silber.mike at gmail.com> wrote:
> 
> The Mauritius DPA is actually aligned with the old EU Data Privacy Directive and not the GDPR.

There?s a 2017 revision to the Mauritius Data Protection Act.

Alan Barrett




From silber.mike at gmail.com  Wed Apr 11 14:04:10 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Wed, 11 Apr 2018 16:04:10 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
Message-ID: <7C46C2B2-72B4-4C6D-8CE3-94848773DE15@gmail.com>

The GDPR language is very broad.

In recital 23 the drafters give some hints about what sorts of non-Union controllers may actually be covered. The full wording indicates:

(23) In order to ensure that natural persons are not deprived of the protection to which they are entitled under this Regulation, the processing of personal data of data subjects who are in the Union by a controller or a processor not established in the Union should be subject to this Regulation where the processing activities are related to offering goods or services to such data subjects irrespective of whether connected to a payment.

In order to determine whether such a controller or processor is offering goods or services to data subjects who are in the Union, it should be ascertained whether it is apparent that the controller or processor envisages offering services to data subjects in one or more Member States in the Union.

Whereas the mere accessibility of the controller's, processor's or an intermediary's website in the Union, of an email address or of other contact details, or the use of a language generally used in the third country where the controller is established, is insufficient to ascertain such intention, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering goods and services in that other language, or the mentioning of customers or users who are in the Union, may make it apparent that the controller envisages offering goods or services to data subjects in the Union.

In ?non-lawyer? this means ?it depends?.

Given AfriNIC has a regional focus in Africa, makes address space available in Africa and the provision of information by natural persons who are residents, citizens or otherwise located in the Union (on more than a transitory basis) is likely to be ancillary to AfriNIC's purpose: I think there is a very good chance that AfriNIC is not actually covered by the GDPR.

What is really interesting is that the actual consequences (as well as a more detailed definition to assist in determining applicability) will come our in the national law of Member States and not in the GDPR.

Now AfriNIC can go and spend a lot of money on consultants to assist in this determination ?. or it can wait for the DPAs to make assessments, issue guidelines (individually or collectively) or make laws and then assess its situation. 

GDPR is the Y2K of this period (except there are more lawyers and consultants and fewer vendors making money this time around).

I think understanding is useful.

I think a call to action when no action may be required is premature.

> On 11 Apr 2018, at 15:44, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Thanks Mike,
>  
> That?s actually pretty useful in some sense ? but can I ask for an English interpretation of the last sentence for those of us that sadly don?t speak Lawyer ?
>  
> Thanks
>  
> Andrew
>  
>  
> From: Mike Silber <silber.mike at gmail.com>
> Date: Wednesday, 11 April 2018 at 16:34
> To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>, General Discussions of AFRINIC <community-discuss at afrinic.net>, AfriNIC Discuss <members-discuss at afrinic.net>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.
>  
> The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.
>  
> In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.
>  
> The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.
>  
> Mike
>  
> 
> 
>> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>> wrote:
>>  
>> Dear Andrew, Members and the whole Afrinic community,
>> Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
>> The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
>> The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected. 
>> The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
>> Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.
>> 
>> Kind regards
>> 
>> 
>> On 11/04/2018 08:42, Andrew Alston wrote:
>>> Hi AfriNIC Board,
>>>  
>>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>>  
>>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>>>  
>>> Andrew
>>>  
>>>  
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>> 
>> -- 
>> Abibu R. Ntahigiye
>>  
>> CEO, tzNIC / Interim Chairman, Afrinic.
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>  

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From seeburn.k at gmail.com  Wed Apr 11 14:51:55 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Wed, 11 Apr 2018 18:51:55 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <D4348CBC-A162-45D7-B6D3-43A077960631@afrinic.net>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
 <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
 <E2E04A2E-CE90-4137-9068-85108DD84590@afrinic.net>
 <B56FF836-D6A5-48A4-A157-C8EF9D262780@gmail.com>
 <D4348CBC-A162-45D7-B6D3-43A077960631@afrinic.net>
Message-ID: <9AF66B76-D0F3-4DCD-968D-A782C1A62D72@gmail.com>

exactly?.i would suggest all to not talk over something and the ceo already has on his plate.So i?d suggest we let him deal. It was a good question we discussed and if we continue we will end up like the RDS of ICANN over GDPR. Here, it is a clear cut advise from DPA. Let the CEO and his team do and take whatever actions is required.

But i would just remind the board that under GDPR compliance the Board becomes fully accountable.


> On Apr 11, 2018, at 18:39, Alan Barrett <alan.barrett at afrinic.net> wrote:
> 
> 
> 
>> On 11 Apr 2018, at 18:19, Mike Silber <silber.mike at gmail.com> wrote:
>> 
>> The Mauritius DPA is actually aligned with the old EU Data Privacy Directive and not the GDPR.
> 
> There?s a 2017 revision to the Mauritius Data Protection Act.
> 
> Alan Barrett
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss





Kris Seeburn
seeburn.k at gmail.com
www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>

"Life is a Beach, it all depends at how you look at it"



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From silber.mike at gmail.com  Wed Apr 11 14:52:32 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Wed, 11 Apr 2018 14:52:32 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <D4348CBC-A162-45D7-B6D3-43A077960631@afrinic.net>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
 <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
 <E2E04A2E-CE90-4137-9068-85108DD84590@afrinic.net>
 <B56FF836-D6A5-48A4-A157-C8EF9D262780@gmail.com>
 <D4348CBC-A162-45D7-B6D3-43A077960631@afrinic.net>
Message-ID: <CAE-cm4+W44J4n1PEzk4Uz=FUu6Z-+_RcJ+a=sTT1KKB4Xo4TtA@mail.gmail.com>

Which should in principle bring Mauritius adequacy in terms of GDPR.

However, as the adequacy rules have yet to be finalised, it is difficult to
say.

On Wed, 11 Apr 2018 at 16:39, Alan Barrett <alan.barrett at afrinic.net> wrote:

>
>
> > On 11 Apr 2018, at 18:19, Mike Silber <silber.mike at gmail.com> wrote:
> >
> > The Mauritius DPA is actually aligned with the old EU Data Privacy
> Directive and not the GDPR.
>
> There?s a 2017 revision to the Mauritius Data Protection Act.
>
> Alan Barrett
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
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From owen at delong.com  Wed Apr 11 14:06:58 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 07:06:58 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
Message-ID: <E8D8B9FF-C1A1-44A1-A3B5-238C3C03D597@delong.com>

Yes? And even WRT whois, if you?re stuck going down the GDPR road, then it?s also about the data collected, the ?voluntary? nature of the submission of the data, etc. It?s much more far-reaching than what is published.

Owen


> On Apr 11, 2018, at 06:47 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Mike,
>  
> Also just to clarify ? I believe this goes beyond whois data ? there is far more data that AfriNIC holds than just the whois data that could be affected by this.  I concede the whois portion I may well be wrong on that ? the rest of it ? as I said ? I simply want to see from AfriNIC a report on that they are doing and where they aren?t in compliance to present that to this community ? mindful of the time frames involved ? the situation the current board finds facing ? and the dictates of section 3.4.iiv of the bylaws
>  
> Andrew
>  
>  
> From: Mike Silber <silber.mike at gmail.com>
> Date: Wednesday, 11 April 2018 at 16:34
> To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>, General Discussions of AFRINIC <community-discuss at afrinic.net>, AfriNIC Discuss <members-discuss at afrinic.net>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.
>  
> The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.
>  
> In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.
>  
> The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.
>  
> Mike
>  
> 
> 
>> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>> wrote:
>>  
>> Dear Andrew, Members and the whole Afrinic community,
>> Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
>> The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
>> The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected. 
>> The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
>> Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.
>> 
>> Kind regards
>> 
>> 
>> On 11/04/2018 08:42, Andrew Alston wrote:
>>> Hi AfriNIC Board,
>>>  
>>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>>  
>>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>>>  
>>> Andrew
>>>  
>>>  
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>> 
>> -- 
>> Abibu R. Ntahigiye
>>  
>> CEO, tzNIC / Interim Chairman, Afrinic.
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>  
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss

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From seeburn.k at gmail.com  Wed Apr 11 14:03:04 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Wed, 11 Apr 2018 18:03:04 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <E2E04A2E-CE90-4137-9068-85108DD84590@afrinic.net>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
 <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
 <E2E04A2E-CE90-4137-9068-85108DD84590@afrinic.net>
Message-ID: <60FFBCA9-0BE1-4098-8FEA-507BB74342C3@gmail.com>

Thanks Alan ? i was going to point to that as i remember their was a need to align with DPA and Afrinic was registered as a data controller. But am sure we?ll get over the hurdle.

> On Apr 11, 2018, at 18:00, Alan Barrett <alan.barrett at afrinic.net> wrote:
> 
> 
> 
>> On 11 Apr 2018, at 17:54, Mike Silber <silber.mike at gmail.com> wrote:
>> 
>> No issue with doing a proper information audit (what there is, where it is stored, how it can be accessed and by whom). That is just good information security practice.
>> 
>> However I am still not certain that holding any of that information actually makes AfriNIC a controller in terms of the GDPR.
> 
> I am pretty sure that AFRINIC is a data controller in terms of the Mauritius Data Protection Act, which is aligned with GDPR.
> 
> Yes, we are auditing the information we hold and the way we process it, and I expect to be able to report on progress at the AIS meeting in early May.
> 
> Alan
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss





Kris Seeburn
seeburn.k at gmail.com
www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>

"Life is a Beach, it all depends at how you look at it"



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From dabu.sifiso at yandex.com  Wed Apr 11 15:00:17 2018
From: dabu.sifiso at yandex.com (Dabu Sifiso)
Date: Wed, 11 Apr 2018 10:00:17 -0500
Subject: [Community-Discuss] AFRINIC and the GDPR
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <D002C638-0FA6-4BDC-922C-72674C5A90B7@gmail.com>
 <6450B7A0-5B2D-4E94-8F67-286B40F9EBB7@gmail.com>
Message-ID: <126791523458817@web17g.yandex.ru>

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From walu.john at gmail.com  Wed Apr 11 15:07:27 2018
From: walu.john at gmail.com (John Walu)
Date: Wed, 11 Apr 2018 18:07:27 +0300
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
Message-ID: <CAHt2V=-A+Qf3AYiXnxH30ZkoB_rJTcRK-nmoC8+_j3Z=KegNHw@mail.gmail.com>

Further, unless your in a silly country that was dumb enough to sign a
treaty extending EU?s legal reach into your sovereignty, such as the stupid
congress of the united States, then you can offer the EU a nice big Italian
sign language gesture regarding their GDPR and continue on with business as
usual.

@Owen, the above is not entirely true.

EU regulation/GDPR does affect African countries in general.  Or at least
those wishing to remain trade partners  with European Countries.

Most of Africa has little or no Data Protection/Privacy laws (with a few
exception being Ghana, Mauritius, SA, etc). Kenya for example doesn't have
one.

Should Kenya show the EU the middle finger?

Yes they could. But essentially, that middle finger will translate into
losing money.

A European Union Company would for example NOTdare engage
(Data-wise/Business wise) with a Kenyan partner/subsidiary that for example
sells flowers to European destinations/customers since Kenyan privacy /data
protection environment would be suspect.

Whereas the EU cannot directly hold the Kenyan company liable for breaches,
it will penalize the European company thoroughly. The net effect is that
most European companies would review their risk profiles with African
partners and basically cut linkages or open new ones -  only with
'compliant' countries in Africa.

Unlike US, Africa does need EU Euros ;-). And so we will have to improve
our Data protection regimes. Though it would have been good if we did it
out of our own volition.

Now more specifically for the Afrinic registry,

The board  just need to do an impact analysis of the GDPR on the Afrinic
Company and share with members.

Just off my head, the data within the registry (IP, Whois, etc) would need
to be protected. Essentially, if we have some data sitting in our
Mauritius/SA registries and it relates to European citizens/subject then we
need to review it in light of the GDPR requirements.  Essentially EU
citizens/residents have a whole list of rights to the data (consent,
delete, etc) and whoever is hosting it also has some obligations.

That's my 1bitcoin on the matter ;-)

walu.





On Wed, Apr 11, 2018 at 9:08 AM, Owen DeLong <owen at delong.com> wrote:

>
>
> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com>
> wrote:
>
> Hi AfriNIC Board,
>
> Can this board please **urgently** inform this community as to what
> preparations they have made as regards to compliance with the General Data
> Protection Regulations passed by the European Commision and the board will
> be in a position to give this community a full and complete report as to
> their GDPR compliance status and what will be changing before the 25th of
> May to ensure that when the GDPR comes into force AfriNIC is compliant.
>
>
> Is Mauritius signatory to some treaty making them subject to GDPR?
>
>
> Considering that the regulation comes into force on the 25th of May 2018
> ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject
> to the regulations irrespective of the fact that they are domiciled in
> Mauritius ? this is an urgent and critical issue.  It has direct impact on
> the whois database, abuse contact information, handling of data submitted
> during application process and potentially even the proposed review policy,
> just to name a few things that I can think of off the top of my head ? and
> cannot be ignored.  I would in fact have liked to have seen discussions by
> the board in the minutes that have been published about the GDPR long
> before now ? considering the impact ? but failing that ? the question is
> now being asked.
>
>
> It?s not about EU Citizens. It?s about EU Residents. (Common misconception
> about GDPR).
>
> Further, unless your in a silly country that was dumb enough to sign a
> treaty extending EU?s legal reach into your sovereignty, such as the stupid
> congress of the united States, then you can offer the EU a nice big Italian
> sign language gesture regarding their GDPR and continue on with business as
> usual.
>
> Owen
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
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From seeburn.k at gmail.com  Wed Apr 11 15:11:47 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Wed, 11 Apr 2018 19:11:47 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <CAHt2V=-A+Qf3AYiXnxH30ZkoB_rJTcRK-nmoC8+_j3Z=KegNHw@mail.gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
 <CAHt2V=-A+Qf3AYiXnxH30ZkoB_rJTcRK-nmoC8+_j3Z=KegNHw@mail.gmail.com>
Message-ID: <795150AD-54AF-48B0-9632-719B73F929F2@gmail.com>

+1 john...

> On Apr 11, 2018, at 19:07, John Walu <walu.john at gmail.com> wrote:
> 
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
> 
> @Owen, the above is not entirely true.
> 
> EU regulation/GDPR does affect African countries in general.  Or at least those wishing to remain trade partners  with European Countries.
> 
> Most of Africa has little or no Data Protection/Privacy laws (with a few exception being Ghana, Mauritius, SA, etc). Kenya for example doesn't have one.  
> 
> Should Kenya show the EU the middle finger?
> 
> Yes they could. But essentially, that middle finger will translate into losing money. 
> 
> A European Union Company would for example NOTdare engage (Data-wise/Business wise) with a Kenyan partner/subsidiary that for example sells flowers to European destinations/customers since Kenyan privacy /data protection environment would be suspect. 
> 
> Whereas the EU cannot directly hold the Kenyan company liable for breaches, it will penalize the European company thoroughly. The net effect is that most European companies would review their risk profiles with African partners and basically cut linkages or open new ones -  only with 'compliant' countries in Africa.
> 
> Unlike US, Africa does need EU Euros ;-). And so we will have to improve our Data protection regimes. Though it would have been good if we did it out of our own volition.
> 
> Now more specifically for the Afrinic registry,
> 
> The board  just need to do an impact analysis of the GDPR on the Afrinic Company and share with members.
> 
> Just off my head, the data within the registry (IP, Whois, etc) would need to be protected. Essentially, if we have some data sitting in our Mauritius/SA registries and it relates to European citizens/subject then we need to review it in light of the GDPR requirements.  Essentially EU citizens/residents have a whole list of rights to the data (consent, delete, etc) and whoever is hosting it also has some obligations.
> 
> That's my 1bitcoin on the matter ;-)
> 
> walu. 
> 
> 
> 
> 
> 
> On Wed, Apr 11, 2018 at 9:08 AM, Owen DeLong <owen at delong.com <mailto:owen at delong.com>> wrote:
> 
> 
>> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>> 
>> Hi AfriNIC Board,
>>  
>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
> 
> Is Mauritius signatory to some treaty making them subject to GDPR?
>  
>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
> 
> It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).
> 
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
> 
> Owen
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss





Kris Seeburn
seeburn.k at gmail.com
www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>

"Life is a Beach, it all depends at how you look at it"



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From oloyede.aa at unilorin.edu.ng  Wed Apr 11 15:31:44 2018
From: oloyede.aa at unilorin.edu.ng (A.K)
Date: Wed, 11 Apr 2018 16:31:44 +0100
Subject: [Community-Discuss] Community-Discuss Digest, Vol 296, Issue 1
In-Reply-To: <mailman.3.1523448002.25182.community-discuss@afrinic.net>
References: <mailman.3.1523448002.25182.community-discuss@afrinic.net>
Message-ID: <5ace2a63.91acdf0a.3a063.bbee@mx.google.com>

Hello, 
I do not see how GDPR should have any effect on  Afrinic or in how it stores its data. 
Thanks 

-----Original Message-----
From: "community-discuss-request at afrinic.net" <community-discuss-request at afrinic.net>
Sent: ?4/?11/?2018 1:01 PM
To: "community-discuss at afrinic.net" <community-discuss at afrinic.net>
Subject: Community-Discuss Digest, Vol 296, Issue 1

Send Community-Discuss mailing list submissions to
	community-discuss at afrinic.net

To subscribe or unsubscribe via the World Wide Web, visit
	https://lists.afrinic.net/mailman/listinfo/community-discuss
or, via email, send a message with subject or body 'help' to
	community-discuss-request at afrinic.net

You can reach the person managing the list at
	community-discuss-owner at afrinic.net

When replying, please edit your Subject line so it is more specific
than "Re: Contents of Community-Discuss digest..."


Today's Topics:

   1. Fwd: [AFRINIC-Announce] Announcement for Final Candidate
      Slate for Open Seats AFRINIC Elections (Wale Adedokun)
   2. AFRINIC and the GDPR (Andrew Alston)
   3. Re: AFRINIC and the GDPR (Kris Seeburn)
   4. Re: AFRINIC and the GDPR (Owen DeLong)
   5. Re: AFRINIC and the GDPR (Kris Seeburn)
   6. processing personal data for Candidate Slate
      (Jean-Robert Hountomey)
   7. Re: AFRINIC and the GDPR (Andrew Alston)
   8. Re: AFRINIC and the GDPR (JORDI PALET MARTINEZ)
   9. Re: AFRINIC and the GDPR (Andrew Alston)
  10. Re: AFRINIC and the GDPR (Abibu R. Ntahigiye)


----------------------------------------------------------------------

Message: 1
Date: Tue, 10 Apr 2018 21:56:41 +0000 (GMT)
From: Wale Adedokun <wale at forum.org.ng>
To: rpd <rpd at afrinic.net>, community-discuss
	<community-discuss at afrinic.net>,  members <members at afrinic.net>, afnog
	<afnog at afnog.org>
Subject: [Community-Discuss] Fwd: [AFRINIC-Announce] Announcement for
	Final Candidate Slate for Open Seats AFRINIC Elections
Message-ID:
	<1573234344.17166.1523397401120.JavaMail.zimbra at forum.org.ng>
Content-Type: text/plain; charset=utf-8



----- AFRINIC Communication <comm-announce at afrinic.net> wrote:
> [Version fran?aise ci-dessous]
> 
>  
> Dear Colleagues,
> 
> NomCom2018 is pleased to announce the following final candidate slate for the open seats on the AFRINIC:
> 
> 1.Board of Directors
> 
>  Eastern Africa
> 
> i. Abibu Rashid Ntahigiye
> 
> Southern Africa
> 
> i. Lucky Masilela
> 
> 
> 2. Policy Development Working Group
> 
> i. Mark Elkins
> 
> 
> 3. Governance Committee
> 
> i.  Daniel Inusa Yakmut
> 
> ii. Dr. Alioune Badara Traore
> 
> 
> 4. Policy Development Appeal Committee
> 
> i.  Kodzo (Marcus) Gadzekpo Adomey
> 
> ii. Luc Missidimbazi 
> 
> iii. Jean-Robert Hountomey
> 
> iv. Wafa Dahmani
> 
>  
> Full candidate information has been published.
> 
> Governance Committee
> 
> https://afrinic.net/en/community/elections/2349-2018-governance-committee-candidate-slate
> 
> BoD
> 
> https://afrinic.net/en/community/elections/2345-2018-board-of-directors-candidate-slate
> 
> 
> PDWG
> 
> https://afrinic.net/en/community/elections/2351-2018-pdwg-candidate-slate
> 
> 
> Appeal Committee
> 
> https://afrinic.net/en/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
> 
> 
> The community (and members) are hereby invited to view candidate details and express any comments about the suitability of the candidates for the board position using the comment section at the URLs above.
> 
> 
> Election will be held during the Annual General Members' Meeting (AGMM) to be held in Dakar on 10 May 2018.
> 
> Members that will not be able to attend and/or vote physically at the AGMM are informed that there is an option for electronic voting, which will start on 27th April 2018 until 10th May 2018 and will be conducted through the MyAFRINIC portal - https://my.afrinic.net.
> 
> Members can also opt to appoint a proxy to attend the AGMM and participate on the member?s behalf, including voting in the board election and all other matters at the AGMM.
> 
> 
> More information is available at: https://afrinic.net/en/community/elections/bod-election/process
> 
> For any queries or clarification, please contact the nominations committee by email to nomcom2018@ afrinic. net
> 
>  
> 
> (2018 Nominations Committee) 
> 
>  
> ???????????????????????????????????????????????????
> 
>  
> 
> Chers coll?gues,
> 
>  
> 
> NomCom2018 a le plaisir d'annoncer la liste finale des candidats aux ?lections du :
> 
> 
> 1. Conseil d'administration
> 
> 
>  Afrique de l'Est
> 
> i. Abibu Rashid Ntahigiye
> 
> 
> Afrique du sud 
> 
> i. Lucky Masilela
> 
>  
> 
> 2. Groupe de travail sur l'?laboration des politiques
> 
> 
> i. Mark Elkins
> 
> 
> 3. Comit? de gouvernance
> 
> 
> i. Daniel Inusa Yakmut
> 
> ii. Dr. Alioune Badara Traor?
> 
> 
> 4. Comit? d'appel de l'?laboration des politiques
> 
> 
> i. Kodzo (Marcus) Gadzekpo Adomey
> 
> ii. Luc Missidimbazi
> 
> iii. Jean-Robert Hountomey
> 
> iv. Wafa Dahmani
> 
>  
> Plus d?informations sur les candidats sont publi?es.
> 
> 
> Comit? de gouvernance
> 
> https://afrinic.net/fr/community/elections/2349-2018-governance-committee-candidate-slate
>  
> 
> BoD
> 
> https://afrinic.net/fr/community/elections/2345-2018-board-of-directors-candidate-slate
> 
>  
> PDWG 
> 
> https://afrinic.net/fr/communautaire/elections/2351-2018-pdwg-candidate-slate
> 
> Comit? d'Appel
> 
> https://afrinic.net/fr/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
>  
> 
> La communaut? (et les membres) sont invit?s ? voir les d?tails des candidats et ? formuler des commentaires sur les qualit?s personnelles des candidats pour le poste au conseil d'administration en utilisant la section des commentaires sur les URL ci-dessus.
> 
> L'?lection aura lieu lors de l'Assembl?e g?n?rale annuelle des membres (AGMM) qui se tiendra ? Dakar le 10 mai 2018.
> 
> Les membres qui ne pourront pas assister et / ou voter physiquement ? l'AGMM sont inform?s qu'il y a une option pour le vote ?lectronique, qui commencera le 27 avril 2018 jusqu'au 10 mai 2018 et sera effectu?e via le portail MyAFRINIC - https: / /my.afrinic.net.
> 
> Les membres peuvent ?galement choisir de nommer un mandataire pour assister ? l'AGMM et participer au nom du membre, y compris le vote ? l'?lection du conseil d?administration et toutes les autres questions ? l'AGMM.
> 
> Plus d'informations sont disponibles sur: https://afrinic.net/en/community/elections/bod-election/process
> 
> Pour toute question ou clarification, veuillez contacter le comit? de nomination par courriel ? nomcom2018 @ afrinic. net
>  
> 
> (Comit? des nominations 2018)
> _______________________________________________
> Announce mailing list
> Announce at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/announce




------------------------------

Message: 2
Date: Wed, 11 Apr 2018 05:42:07 +0000
From: Andrew Alston <Andrew.Alston at liquidtelecom.com>
To: General <community-discuss at afrinic.net>
Cc: AFRINIC Board of Directors' List <Board at afrinic.net>
Subject: [Community-Discuss] AFRINIC and the GDPR
Message-ID:
	<HE1PR0301MB25702F4FA853E3D55F592BABEEBD0 at HE1PR0301MB2570.eurprd03.prod.outlook.com>
	
Content-Type: text/plain; charset="windows-1252"

Hi AfriNIC Board,

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Considering that the regulation comes into force on the 25th of May 2018 - and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius - this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head - and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now - considering the impact - but failing that - the question is now being asked.

Andrew


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Message: 3
Date: Wed, 11 Apr 2018 10:03:12 +0400
From: Kris Seeburn <seeburn.k at gmail.com>
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: General <community-discuss at afrinic.net>, AFRINIC Board of
	Directors' List <Board at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR
Message-ID: <A8F008B4-3262-4940-92A2-B1A2BAFD5FD7 at gmail.com>
Content-Type: text/plain; charset="utf-8"

That is a good question and hope EU and a repealed safe harbour to an ICO equivalent will be going thru parliament approval soonest. 

Not only Whois but more is implied. Unless afrinic is waiting to see whether Eu and local govt will bite

Kris

> On 11 Apr 2018, at 09:42, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Hi AfriNIC Board,
>  
> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>  
> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>  
> Andrew
>  
>  
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
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Message: 4
Date: Tue, 10 Apr 2018 23:08:11 -0700
From: Owen DeLong <owen at delong.com>
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: General <community-discuss at afrinic.net>, AFRINIC Board of
	Directors' List <Board at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR
Message-ID: <7FFD9908-635B-4758-9303-B654EDD7D9C5 at delong.com>
Content-Type: text/plain; charset="utf-8"



> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Hi AfriNIC Board,
>  
> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Is Mauritius signatory to some treaty making them subject to GDPR?
 
> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.

It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).

Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.

Owen

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Message: 5
Date: Wed, 11 Apr 2018 10:18:55 +0400
From: Kris Seeburn <seeburn.k at gmail.com>
To: Owen DeLong <owen at delong.com>
Cc: General <community-discuss at afrinic.net>, AFRINIC Board of
	Directors' List <Board at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR
Message-ID: <34F7BBCE-7E6A-4E48-90F6-17AF2B12EEF7 at gmail.com>
Content-Type: text/plain; charset="utf-8"

Mauritius is signatory that?s where the safe harbour was put In place years back. All BPOs in mauritius are holding EU citizen / resident data. the Data Protection office will be fast tracking to look like ICO which is renamed GDPR anyways.

Kris

> On 11 Apr 2018, at 10:08, Owen DeLong <owen at delong.com> wrote:
> 
> 
> 
>> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
>> 
>> Hi AfriNIC Board,
>>  
>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
> 
> Is Mauritius signatory to some treaty making them subject to GDPR?
>  
>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
> 
> It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).
> 
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
> 
> Owen
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
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Message: 6
Date: Wed, 11 Apr 2018 01:24:11 -0500
From: Jean-Robert Hountomey <jrhountomey at gmail.com>
To: nomcom2018 at afrinic.net, community-discuss at afrinic.net,
	board at afrinic.net
Subject: [Community-Discuss] processing personal data for Candidate
	Slate
Message-ID: <c8fb0020-c306-76ef-11b9-29be625cc95f at gmail.com>
Content-Type: text/plain; charset=utf-8

Dear Noncom,

As we see personally identifiable information (PII) published with the candidate slate, please let us know:

1- If the data collected (including CV) at the time of application was meant to be made available publicly,
2- if you received consent from candidates before making these data publicly available

I suggest that you check Mauritius DATA PROTECTION BILL (No. XIX of 2017) (1)

Thank you.

Regards.

Jean-Robert Hountomey

(1). http://mauritiusassembly.govmu.org/English/bills/Documents/intro/2017/bill1917.pdf




------------------------------

Message: 7
Date: Wed, 11 Apr 2018 10:05:40 +0000
From: Andrew Alston <Andrew.Alston at liquidtelecom.com>
To: Owen DeLong <owen at delong.com>
Cc: General <community-discuss at afrinic.net>, AFRINIC Board of
	Directors' List <Board at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR
Message-ID:
	<HE1PR0301MB25708064F190A827DEF6734BEEBD0 at HE1PR0301MB2570.eurprd03.prod.outlook.com>
	
Content-Type: text/plain; charset="utf-8"

Owen,

Firstly ? AfriNIC does hold data on EU residents ? that is without question ? I know of a couple of cases of EU residents with their data held by AfriNIC without even thinking of it.
Secondly ? irrespective of if they are signatories or not ? if AfriNIC chooses to do any business with RIPE for example, they are doing business with an EU entity and can be prevented from doing so if they don?t comply is my understanding.

Irrespective of this ? the AfriNIC board if they believe they do not need to comply in any way shape or form ? needs to state that to this community and to its members and give reasons as to why not ? at that point ? the affected members can then make an informed decision as to their course of action should they choose one. But ? AfriNIC still has an obligation to inform its community as to its standing in this regard and do so before the legislation becomes reality.

Please note clause 3.4.vii of the bylaws:

(vii) to disseminate among its members information on all matters affecting the Company and its members and to provide for and be a central channel of communication for the members of the Company and generally for the furtherance and promotion of their interests;

Andrew

From: Owen DeLong [mailto:owen at delong.com]
Sent: 11 April 2018 09:08
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: General <community-discuss at afrinic.net>; AFRINIC Board of Directors' List <Board at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR
Importance: High




On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:

Hi AfriNIC Board,

Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.

Is Mauritius signatory to some treaty making them subject to GDPR?


Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would 


[The entire original message is not included.]
-- 
Website <http://www.unilorin.edu.ng>, Android app 
<https://play.google.com/store/apps/details?id=com.app.app4a98472fd6e6>, 
Windows app 
<http://www.windowsphone.com/en-us/store/app/university-of-ilorin-mobile/168e5182-0689-4c80-b441-864a4ec39057>, 
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From mctimconsulting at gmail.com  Wed Apr 11 15:43:37 2018
From: mctimconsulting at gmail.com (McTim)
Date: Wed, 11 Apr 2018 11:43:37 -0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <126791523458817@web17g.yandex.ru>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <D002C638-0FA6-4BDC-922C-72674C5A90B7@gmail.com>
 <6450B7A0-5B2D-4E94-8F67-286B40F9EBB7@gmail.com>
 <126791523458817@web17g.yandex.ru>
Message-ID: <CACAaNxgnUV91o9LqNi6B1Fett5qmFN+Lqy-G7yCj1=PPsdgh3g@mail.gmail.com>

Here is the ARIN blog post about it:

https://teamarin.net/2018/03/20/personal-data-privacy-considerations-at-arin/

Rgds,

McTim

On Wed, Apr 11, 2018 at 11:00 AM, Dabu Sifiso <dabu.sifiso at yandex.com>
wrote:

>
> Interesting discussion.
>
> It seems many are not aware of the reality of the European Union's extent
> and how RIR divided the world:
>
> https://www.arin.net/vault/about_us/bot/bot2017_1005.html
> "Merike Kaeo indicated that due to General Data Protection Regulations
> (GDPR), organizations are going 'dark' with their information because the
> fines are so high. The President provided more background on GDPR, and
> indicated ARIN was in good shape with regard to GDPR due to its service
> region."
>
> https://www.nro.net/about-the-nro/list-of-country-codes-and-
> rirs-ordered-by-country-code/
> Martinique is part of France and EU but is serviced by ARIN, not by RIPE
> and there are some more serviced at ARIN.
>
> If what Mike and Owen are saying is correct, the RIR being outside of EU
> is not obliged to be in line with those new rules, but the members from
> France (La Reunion, Mayotte) are responsible under French/EU laws?
>
> The few things I found in regards to GDPR was about exporting private data
> to outside of the European Union, does that mean those members will not be
> able to make use of the AFRINIC database unless they get confirmation that
> AFRINIC is compliant with that GDPR?
>
> Will AFRINIC move those members and their information to the RIPE where
> they will be within the legislation of their own laws?
>
>
>
> 11.04.2018, 09:30, "Kris Seeburn" <seeburn.k at gmail.com>:
>
> Mike
>
> R?union and Mayotte are the outermost region
> <https://en.wikipedia.org/wiki/Special_member_state_territories_and_the_European_Union> of
> the European Union <https://en.wikipedia.org/wiki/European_Union> and, as
> an overseas department of France, part of the Eurozone
> <https://en.wikipedia.org/wiki/Eurozone>
>
>
>
>
> On Apr 11, 2018, at 18:23, Mike Silber <silber.mike at gmail.com> wrote:
>
> They are not Member States.
>
> And Owen is not really that accurate in his interpretation. He mixes up
> enforcement (real nexus through operations) with some theoretical
> applicability which is poorly defined and has no practical expression in
> the GDPR and will need national DPAs to provide teeth.
>
>
> On 11 Apr 2018, at 16:19, Andrew Alston <Andrew.Alston at liquidtelecom.com>
> wrote:
>
> Owen,
>
> Would the fact that AfriNIC serves  La R?union and Mayotte not create
> such a nexus since both are formally part of the EU?
>
> In the same way ? there are various EU members served by ARIN?
>
>
> Andrew
>
>
> *From:* Owen DeLong [mailto:owen at delong.com <owen at delong.com>]
> *Sent:* 11 April 2018 17:12
> *To:* Andrew Alston <Andrew.Alston at liquidtelecom.com>
> *Cc:* Mike Silber <silber.mike at gmail.com>; Abibu R. Ntahigiye <
> abibu at tznic.or.tz>; General Discussions of AFRINIC <
> community-discuss at afrinic.net>; AfriNIC Discuss <
> members-discuss at afrinic.net>
> *Subject:* Re: [Community-Discuss] AFRINIC and the GDPR
>
> Roughly translated:
>                The ability of EU to inflict GDPR on those operators
> outside of EU is predicated on that operator
>                having some business operation or presence within the EU
> which allows them to subject you to their
>                jurisdiction. Determining that you have said presence
> requires a specific determination by the
>                EU member state where said presence exists.
>
> I?m pretty sure AfriNIC has no such nexus.
>
> However, what is left out of Mike?s statement is the potential that any
> other country may have signed some
> sort of treaty with the EU (or a member state) which subjects them to GDPR
> and/or grants additional
> extraterritorial rights to the EU. Such is (unfortunately) the case with
> the US, for example.
>
> Another key point is that EU citizens not living in Europe are not covered
> by GDPR. Non-EU citizens living
> within the EU are covered by GDPR. (At least that is my understanding?
> AIUI, GDPR applies to EU residents,
> not EU citizens.)
>
> Owen
>
>
>
>
> On Apr 11, 2018, at 06:44 , Andrew Alston <Andrew.Alston at liquidtelecom.com>
> wrote:
>
> Thanks Mike,
>
> That?s actually pretty useful in some sense ? but can I ask for an English
> interpretation of the last sentence for those of us that sadly don?t speak
> Lawyer ?
>
> Thanks
>
> Andrew
>
>
> *From: *Mike Silber <silber.mike at gmail.com>
> *Date: *Wednesday, 11 April 2018 at 16:34
> *To: *"Abibu R. Ntahigiye" <abibu at tznic.or.tz>
> *Cc: *Andrew Alston <Andrew.Alston at liquidtelecom.com>, General
> Discussions of AFRINIC <community-discuss at afrinic.net>, AfriNIC Discuss <
> members-discuss at afrinic.net>
> *Subject: *Re: [Community-Discuss] AFRINIC and the GDPR
>
> If I can add to this, there is as yet no clear direction from the European
> DPAs as a collective on how GDPR affects whois access in general.
>
> The RIPE NCC approach is premised on their interactions with the Dutch
> DPA, rather than a Europe wide approach.
>
> In addition, I am not sure I concur with Mr Alston?s insistence that
> ?holding data of EU citizens? automatically places AfriNIC into the
> category of data controller in terms of GDPR or imposes any requirements on
> AfriNIC, particularly as the GDPR applies to processing of personal data in
> the context of the activities of an establishment of a controller or a
> processor in the Union.
>
> The extraterritorial application is premised on a nexus requirement set
> out in general terms in Recital 23, but requiring specific determination in
> terms of national law by Member States.
>
> Mike
>
>
>
>
>
> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz> wrote:
>
> Dear Andrew, Members and the whole Afrinic community,
> Andrew has raised a very important issue for Afrinic operations - Thanks
> so much Andrew.
> The Board would like to inform you that the issue was discussed within the
> Board at the Afrinic 27 meeting in Lagos and the Management was tasked to
> work on the issue.
> The Board has also been made aware that the Mauritius Data Protection Act
> 2017 is already in effect and is aligned with the EU GDPR regulations.  The
> Board believes that these regulations are not a barrier to publication of
> the WHOIS data, and it has noted the RIPE NCC study that made such a
> finding.  The Board further believes that the biggest changes required by
> AFRINIC are in documenting how personal data is used, and in informing
> people at the time data is collected.
> The AFRINIC management will provide further updates on the issues at AIS
> 2018 in Senegal.
> Further to the above, the Board expects to receive more insights on GDPR
> related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned
> in Senegal.
>
> Kind regards
>
>
>
>
> On 11/04/2018 08:42, Andrew Alston wrote:
>
> Hi AfriNIC Board,
>
> Can this board please **urgently** inform this community as to what
> preparations they have made as regards to compliance with the General Data
> Protection Regulations passed by the European Commision and the board will
> be in a position to give this community a full and complete report as to
> their GDPR compliance status and what will be changing before the 25th of
> May to ensure that when the GDPR comes into force AfriNIC is compliant.
>
> Considering that the regulation comes into force on the 25th of May 2018
> ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject
> to the regulations irrespective of the fact that they are domiciled in
> Mauritius ? this is an urgent and critical issue.  It has direct impact on
> the whois database, abuse contact information, handling of data submitted
> during application process and potentially even the proposed review policy,
> just to name a few things that I can think of off the top of my head ? and
> cannot be ignored.  I would in fact have liked to have seen discussions by
> the board in the minutes that have been published about the GDPR long
> before now ? considering the impact ? but failing that ? the question is
> now being asked.
>
> Andrew
>
>
>
> _______________________________________________
>
> Community-Discuss mailing list
>
> Community-Discuss at afrinic.net
>
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
>
>
>
> --
>
> Abibu R. Ntahigiye
>
>
>
> CEO, tzNIC / Interim Chairman, Afrinic.
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
>
>
> Kris Seeburn
> seeburn.k at gmail.com
>
>    - www.linkedin.com/in/kseeburn/
>
>    "Life is a Beach, it all depends at how you look at it"
>
>
> ,
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
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From owen at delong.com  Wed Apr 11 16:01:02 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 09:01:02 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <34F7BBCE-7E6A-4E48-90F6-17AF2B12EEF7@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
 <34F7BBCE-7E6A-4E48-90F6-17AF2B12EEF7@gmail.com>
Message-ID: <E8564702-4206-454E-87F7-341FDFCBF45D@delong.com>

Well, then, that makes it just as bad for MU as it is for US.

Owen


> On Apr 10, 2018, at 23:18 , Kris Seeburn <seeburn.k at gmail.com> wrote:
> 
> Mauritius is signatory that?s where the safe harbour was put In place years back. All BPOs in mauritius are holding EU citizen / resident data. the Data Protection office will be fast tracking to look like ICO which is renamed GDPR anyways.
> 
> Kris
> 
> On 11 Apr 2018, at 10:08, Owen DeLong <owen at delong.com <mailto:owen at delong.com>> wrote:
> 
>> 
>> 
>>> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>>> 
>>> Hi AfriNIC Board,
>>>  
>>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>> 
>> Is Mauritius signatory to some treaty making them subject to GDPR?
>>  
>>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>> 
>> It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).
>> 
>> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
>> 
>> Owen
>> 
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>

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From owen at delong.com  Wed Apr 11 16:05:20 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 09:05:20 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>



> On Apr 11, 2018, at 07:19 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Owen,
>  
> Would the fact that AfriNIC serves  La R?union and Mayotte not create such a nexus since both are formally part of the EU?

The answer is it depends. IANAL, but AIUI?

La R?union and Mayotte may think it does, but that doesn?t necessarily matter to AfriNIC.

Since AfriNIC isn?t actually present in either location, it?s up to the government of Mauritius whether it would do any of the following:
	1.	Allow suit based on GDPR violation to be brought in an MU court.
	2.	Extradite AfriNIC for suit in a court of competent jurisdiction in one of those countries.

However, given the new information from Kirs that MU signed a safe harbor treaty with EU subjecting MU to EU ICO->GDPR, then yes, everyone and all organizations in MU are subject to GDPR by virtue of the treaty requiring MU to do one of the two things above in such a case.

> In the same way ? there are various EU members served by ARIN?

And in the same way, the only reason ARIN as a company in the US which does not have nexus in those EU member countries would not be subject except for the fact that the US signed a very bad treaty with the EU granting them extraterritorial jurisdiction to pursue cases in US courts in regards to GDPR violations.

It is going to make live _VERY_ interesting for a lot of US organizations going forward and keep our courts quite busy for a number of years.

Owen

>  
> Andrew
>  
>  
> From: Owen DeLong [mailto:owen at delong.com] 
> Sent: 11 April 2018 17:12
> To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
> Cc: Mike Silber <silber.mike at gmail.com>; Abibu R. Ntahigiye <abibu at tznic.or.tz>; General Discussions of AFRINIC <community-discuss at afrinic.net>; AfriNIC Discuss <members-discuss at afrinic.net>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> Roughly translated:
>                The ability of EU to inflict GDPR on those operators outside of EU is predicated on that operator
>                having some business operation or presence within the EU which allows them to subject you to their
>                jurisdiction. Determining that you have said presence requires a specific determination by the
>                EU member state where said presence exists.
>  
> I?m pretty sure AfriNIC has no such nexus.
>  
> However, what is left out of Mike?s statement is the potential that any other country may have signed some
> sort of treaty with the EU (or a member state) which subjects them to GDPR and/or grants additional
> extraterritorial rights to the EU. Such is (unfortunately) the case with the US, for example.
>  
> Another key point is that EU citizens not living in Europe are not covered by GDPR. Non-EU citizens living
> within the EU are covered by GDPR. (At least that is my understanding? AIUI, GDPR applies to EU residents,
> not EU citizens.)
>  
> Owen
>  
> 
> 
> On Apr 11, 2018, at 06:44 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>  
> Thanks Mike,
>  
> That?s actually pretty useful in some sense ? but can I ask for an English interpretation of the last sentence for those of us that sadly don?t speak Lawyer ?
>  
> Thanks
>  
> Andrew
>  
>  
> From: Mike Silber <silber.mike at gmail.com <mailto:silber.mike at gmail.com>>
> Date: Wednesday, 11 April 2018 at 16:34
> To: "Abibu R. Ntahigiye" <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>>
> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>, General Discussions of AFRINIC <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>, AfriNIC Discuss <members-discuss at afrinic.net <mailto:members-discuss at afrinic.net>>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> If I can add to this, there is as yet no clear direction from the European DPAs as a collective on how GDPR affects whois access in general.
>  
> The RIPE NCC approach is premised on their interactions with the Dutch DPA, rather than a Europe wide approach.
>  
> In addition, I am not sure I concur with Mr Alston?s insistence that ?holding data of EU citizens? automatically places AfriNIC into the category of data controller in terms of GDPR or imposes any requirements on AfriNIC, particularly as the GDPR applies to processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union.
>  
> The extraterritorial application is premised on a nexus requirement set out in general terms in Recital 23, but requiring specific determination in terms of national law by Member States.
>  
> Mike
>  
> 
> 
> 
> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz <mailto:abibu at tznic.or.tz>> wrote:
>  
> Dear Andrew, Members and the whole Afrinic community,
> Andrew has raised a very important issue for Afrinic operations - Thanks so much Andrew.
> The Board would like to inform you that the issue was discussed within the Board at the Afrinic 27 meeting in Lagos and the Management was tasked to work on the issue.
> The Board has also been made aware that the Mauritius Data Protection Act 2017 is already in effect and is aligned with the EU GDPR regulations.  The Board believes that these regulations are not a barrier to publication of the WHOIS data, and it has noted the RIPE NCC study that made such a finding.  The Board further believes that the biggest changes required by AFRINIC are in documenting how personal data is used, and in informing people at the time data is collected. 
> The AFRINIC management will provide further updates on the issues at AIS 2018 in Senegal.
> Further to the above, the Board expects to receive more insights on GDPR  related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned in Senegal.
> 
> Kind regards
> 
> 
> 
> On 11/04/2018 08:42, Andrew Alston wrote:
> Hi AfriNIC Board,
>  
> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>  
> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>  
> Andrew
>  
>  
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> 
> 
> 
> -- 
> Abibu R. Ntahigiye
>  
> CEO, tzNIC / Interim Chairman, Afrinic.
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>  
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>  

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From seeburn.k at gmail.com  Wed Apr 11 16:08:05 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Wed, 11 Apr 2018 20:08:05 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <E8564702-4206-454E-87F7-341FDFCBF45D@delong.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
 <34F7BBCE-7E6A-4E48-90F6-17AF2B12EEF7@gmail.com>
 <E8564702-4206-454E-87F7-341FDFCBF45D@delong.com>
Message-ID: <A06D0714-68C2-4005-932C-BA58405DA128@gmail.com>

Not quite bad it?s business and economic based. Most of the BPO companies are and have EU citizen /resident data and for the outsourcing to continue to operate within bounds and still survive. I do not think Mauritian government had any option than to go forward with this. Now the agreement with EU alignment dates way back in 2006 if i recall. It was also because of EU business operations which wanted to ensure that Mauritius was a signatory and aligned with safe harbour principles and data protection and privacy rules.

A small island which needs various economic sectors to be economically viable does not have any options. Mauritius benefits heavily from the EU. Pot luck?.

> On Apr 11, 2018, at 20:01, Owen DeLong <owen at delong.com> wrote:
> 
> Well, then, that makes it just as bad for MU as it is for US.
> 
> Owen
> 
> 
>> On Apr 10, 2018, at 23:18 , Kris Seeburn <seeburn.k at gmail.com <mailto:seeburn.k at gmail.com>> wrote:
>> 
>> Mauritius is signatory that?s where the safe harbour was put In place years back. All BPOs in mauritius are holding EU citizen / resident data. the Data Protection office will be fast tracking to look like ICO which is renamed GDPR anyways.
>> 
>> Kris
>> 
>> On 11 Apr 2018, at 10:08, Owen DeLong <owen at delong.com <mailto:owen at delong.com>> wrote:
>> 
>>> 
>>> 
>>>> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>>>> 
>>>> Hi AfriNIC Board,
>>>>  
>>>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>> 
>>> Is Mauritius signatory to some treaty making them subject to GDPR?
>>>  
>>>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>>> 
>>> It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).
>>> 
>>> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
>>> 
>>> Owen
>>> 
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> 





Kris Seeburn
seeburn.k at gmail.com
www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>

"Life is a Beach, it all depends at how you look at it"



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From owen at delong.com  Wed Apr 11 16:09:29 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 09:09:29 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <HE1PR0301MB2570A6C8BDC8DEC3EFD1FBBCEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>
 <E0F02788-D7D8-4231-A493-6F53DC382AC8@steffann.nl>
 <7FB53578-1135-430B-A0F9-3CD04256EF56@liquidtelecom.com>
 <1a3e51c1-761d-4497-8c60-78738b76430d@go6.si>
 <0DFD9FD7-84CD-40C3-9F8B-C1338904BAF1@delong.com>
 <HE1PR0301MB2570A6C8BDC8DEC3EFD1FBBCEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <EAF29306-779A-4C53-BA0C-5845FC58794B@delong.com>

That isn?t the question.

The question is? Since the wording of the motion specifically states ?by ballot at the SGMM?, I am asking whether said ballot would include electronic voting leading up to the SGMM or not.

It could be argued that the specific text of the motion precludes electronic voting participation and only allows those present at the SGMM to cast votes (whether their own or as proxies for those not present or combination), depending on the specific legal definition of ?ballot at the SGMM? under the regulations governing same.

It seems to me that clarification on this question is quite vital as I believe that the outcome of such an election could be severely tainted if electronic voting is not permitted.

While I do not have the ability to vote in either case, it seems to me that voters should be well informed of how the choice of electorate is affected by the wording in the motion prior to voting on the motion.

Owen

> On Apr 11, 2018, at 07:21 , Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Owen,
>  
> I would presume that people could still vote for said directors ? both before or after the vote is passed if it does indeed pass.
>  
> I would however hope that if the vote passed ? the directors who were part of the current board would do the honorable thing and honor the motion and step aside.
>  
> Andrew
>  
>  
> From: Owen DeLong [mailto:owen at delong.com] 
> Sent: 11 April 2018 17:15
> To: Jan Zorz Go6 <jan at go6.si>
> Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com>; community-discuss at afrinic.net; members-discuss at afrinic.net
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>  
> Can we get a clarification from staff whether the wording in this motion would permit or preclude electronic voting for the directors to be elected at the proposed SGMM?
>  
> Thanks,
>  
> Owen
>  
> 
> 
> On Apr 11, 2018, at 06:10 , Jan Zorz Go6 <jan at go6.si <mailto:jan at go6.si>> wrote:
>  
> Oh boy... Interesting AGMM awaits in Dakar, as it seems :)
> 
> Cheers, Jan ?or?
> ---
> Sent from mobile phone, please excuse brevity and top-posting...
> On Apr 11, 2018, at 15:06, Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
> Hi Sander,
> 
> Mark tabled the following motion (and has agreed to let me send this to the community list on the phone just now) ? this motion has also been accepted in emails to the members list from the board 
> 
> 
> ---- From Mark?s email to the member list ----
> 
> I have been watching the mailing lists where Sunday, whom I consider a friend, has admitted to violating the NDA. He has stood down as chair but not tendered his resignation. There was a Board Meeting last night according to the mailing lists. The Board appear not to have ask Sunday to stand down (there was no announcement along these lines, therefore I request the following be tabled at upcoming AGMM in Dakar. As this is not a vote to remove the directors, but rather to express the communities lack of confidence in them, and to request their resignations, I request that this be tabled as a standard resolution.
> 
> Introduction:
> 
> In 2014, the board of directors (I was a director at that time) passed a resolution laying out the sanctions for NDA violations ? that violations of the NDA could be result in expulsion from the board of directors.  In 2014, during a meeting in Tunis, that resolution was used to request, and subsequently gain, the resignation of two members of the board of directors.
> 
> During allegations made recently on an unrelated matter, it came to light that the former chair of the board, Mr Sunday Folayan, wilfully and blatantly shared information related directly to the company, with a junior member of staff, and an admission in this regard was made to the community in an email sent by Mr Folayan on the 16th of March 2018.
> 
> It is my belief that the sharing of the information was a direct contravention of the NDA ? as well as a direct contravention of various sections of the companies act relating to the duties and responsibilities of a director.
> 
> Since this time ? there have been numerous calls for Mr Folayan to resign from the board ? something that as of now he has not done.  There have also been numerous calls for the board to act against Mr. Folayan in this regard.  The board has failed to do this ? and is acting outside of historic precedent regarding similar violations.
> 
> As such, it is my belief that the entire board is in violation of its duties and of the trust of the community ? the degree of that loss of confidence will be tested by this motion as is proper procedure.
> 
> It is also acknowledged that the board has the right to defy this motion and continue to claim legitimacy under strict legal interpretation ? hence ? this motion is phrased as a request ? with the knowledge that should the board not adhere to this request if this motion passes ? they will lose all credibility and the ability to claim legitimacy as representatives of the member base of AfriNIC ? irrespective of their legal standing.
> 
> As a former Board member and the proposer of this resolution, I wish to state that if this motion be passed and the request granted, I will not be standing for any seat myself.
> With this in mind:
> 
> The members of AfriNIC here by RESOLVE:
> 
> To state that the members of AfriNIC have lost all confidence in the current board of directors to act in the best interests of the company or its registered, resource and associate members.
> To request the resignations of every member of the board of directors with immediate effect
> To request that Viv Padayachee act as caretaker director with the sole purpose of appointing a NomCOM and convening an SGMM at which a full election will be held to appoint a new board of directors
> To elect a new board of directors by ballot at an SGMM within 90 days of these proceedings ? at which point directors elected will hold their positions for the remainder of the specific term of the seat to which they are appointed.
> 
> 
> ---- End of Mark?s email ----
> 
> On 11/04/2018, 16:00, "Sander Steffann" <sander at steffann.nl <mailto:sander at steffann.nl>> wrote:
> 
>     Hi,
>     
>  Considering that the board is facing a tabled and accepted motion of no confidence in Dakar ? which has been accepted to the Agenda
>     
>     Wait, what motion? I have seen the message from Sunday that he is stepping down as chair, and I of course have seen the allegations. I haven't seen a motion on this list though...
>     
>     Cheers,
>     Sander
>     
>     
> 
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>  

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From Andrew.Alston at liquidtelecom.com  Wed Apr 11 16:29:09 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Wed, 11 Apr 2018 16:29:09 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <EAF29306-779A-4C53-BA0C-5845FC58794B@delong.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <4B2EF4D1-04F6-4EE1-BC99-468E80C3E0E9@liquidtelecom.com>
 <E0F02788-D7D8-4231-A493-6F53DC382AC8@steffann.nl>
 <7FB53578-1135-430B-A0F9-3CD04256EF56@liquidtelecom.com>
 <1a3e51c1-761d-4497-8c60-78738b76430d@go6.si>
 <0DFD9FD7-84CD-40C3-9F8B-C1338904BAF1@delong.com>
 <HE1PR0301MB2570A6C8BDC8DEC3EFD1FBBCEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>,
 <EAF29306-779A-4C53-BA0C-5845FC58794B@delong.com>
Message-ID: <HE1PR0301MB257064637CFCA2D1ED6FA2FBEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>

In the past and by precedent voting at a meeting includes electronic votes cast during the course of a meeting.

Of course the board must rule on this - but failure to open the electronic vote would be massively prejudicial to the majority of the member base.

Andrew

Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
From: Owen DeLong <owen at delong.com>
Sent: Wednesday, April 11, 2018 7:09:29 PM
To: Andrew Alston
Cc: Jan Zorz Go6; community-discuss at afrinic.net; members-discuss at afrinic.net
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

That isn?t the question.

The question is? Since the wording of the motion specifically states ?by ballot at the SGMM?, I am asking whether said ballot would include electronic voting leading up to the SGMM or not.

It could be argued that the specific text of the motion precludes electronic voting participation and only allows those present at the SGMM to cast votes (whether their own or as proxies for those not present or combination), depending on the specific legal definition of ?ballot at the SGMM? under the regulations governing same.

It seems to me that clarification on this question is quite vital as I believe that the outcome of such an election could be severely tainted if electronic voting is not permitted.

While I do not have the ability to vote in either case, it seems to me that voters should be well informed of how the choice of electorate is affected by the wording in the motion prior to voting on the motion.

Owen

On Apr 11, 2018, at 07:21 , Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:

Owen,

I would presume that people could still vote for said directors ? both before or after the vote is passed if it does indeed pass.

I would however hope that if the vote passed ? the directors who were part of the current board would do the honorable thing and honor the motion and step aside.

Andrew


From: Owen DeLong [mailto:owen at delong.com]
Sent: 11 April 2018 17:15
To: Jan Zorz Go6 <jan at go6.si<mailto:jan at go6.si>>
Cc: Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>>; community-discuss at afrinic.net<mailto:community-discuss at afrinic.net>; members-discuss at afrinic.net<mailto:members-discuss at afrinic.net>
Subject: Re: [Community-Discuss] AFRINIC and the GDPR

Can we get a clarification from staff whether the wording in this motion would permit or preclude electronic voting for the directors to be elected at the proposed SGMM?

Thanks,

Owen



On Apr 11, 2018, at 06:10 , Jan Zorz Go6 <jan at go6.si<mailto:jan at go6.si>> wrote:

Oh boy... Interesting AGMM awaits in Dakar, as it seems :)
Cheers, Jan ?or?
---
Sent from mobile phone, please excuse brevity and top-posting...
On Apr 11, 2018, at 15:06, Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:

Hi Sander,

Mark tabled the following motion (and has agreed to let me send this to the community list on the phone just now) ? this motion has also been accepted in emails to the members list from the board


---- From Mark?s email to the member list ----

I have been watching the mailing lists where Sunday, whom I consider a friend, has admitted to violating the NDA. He has stood down as chair but not tendered his resignation. There was a Board Meeting last night according to the mailing lists. The Board appear not to have ask Sunday to stand down (there was no announcement along these lines, therefore I request the following be tabled at upcoming AGMM in Dakar. As this is not a vote to remove the directors, but rather to express the communities lack of confidence in them, and to request their resignations, I request that this be tabled as a standard resolution.

Introduction:

In 2014, the board of directors (I was a director at that time) passed a resolution laying out the sanctions for NDA violations ? that violations of the NDA could be result in expulsion from the board of directors.  In 2014, during a meeting in Tunis, that resolution was used to request, and subsequently gain, the resignation of two members of the board of directors.

During allegations made recently on an unrelated matter, it came to light that the former chair of the board, Mr Sunday Folayan, wilfully and blatantly shared information related directly to the company, with a junior member of staff, and an admission in this regard was made to the community in an email sent by Mr Folayan on the 16th of March 2018.

It is my belief that the sharing of the information was a direct contravention of the NDA ? as well as a direct contravention of various sections of the companies act relating to the duties and responsibilities of a director.

Since this time ? there have been numerous calls for Mr Folayan to resign from the board ? something that as of now he has not done.  There have also been numerous calls for the board to act against Mr. Folayan in this regard.  The board has failed to do this ? and is acting outside of historic precedent regarding similar violations.

As such, it is my belief that the entire board is in violation of its duties and of the trust of the community ? the degree of that loss of confidence will be tested by this motion as is proper procedure.

It is also acknowledged that the board has the right to defy this motion and continue to claim legitimacy under strict legal interpretation ? hence ? this motion is phrased as a request ? with the knowledge that should the board not adhere to this request if this motion passes ? they will lose all credibility and the ability to claim legitimacy as representatives of the member base of AfriNIC ? irrespective of their legal standing.

As a former Board member and the proposer of this resolution, I wish to state that if this motion be passed and the request granted, I will not be standing for any seat myself.
With this in mind:

The members of AfriNIC here by RESOLVE:

To state that the members of AfriNIC have lost all confidence in the current board of directors to act in the best interests of the company or its registered, resource and associate members.
To request the resignations of every member of the board of directors with immediate effect
To request that Viv Padayachee act as caretaker director with the sole purpose of appointing a NomCOM and convening an SGMM at which a full election will be held to appoint a new board of directors
To elect a new board of directors by ballot at an SGMM within 90 days of these proceedings ? at which point directors elected will hold their positions for the remainder of the specific term of the seat to which they are appointed.


---- End of Mark?s email ----

On 11/04/2018, 16:00, "Sander Steffann" <sander at steffann.nl<mailto:sander at steffann.nl>> wrote:

    Hi,


 Considering that the board is facing a tabled and accepted motion of no confidence in Dakar ? which has been accepted to the Agenda


    Wait, what motion? I have seen the message from Sunday that he is stepping down as chair, and I of course have seen the allegations. I haven't seen a motion on this list though...

    Cheers,
    Sander



________________________________

Community-Discuss mailing list
Community-Discuss at afrinic.net<mailto:Community-Discuss at afrinic.net>
https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>
_______________________________________________
Community-Discuss mailing list
Community-Discuss at afrinic.net<mailto:Community-Discuss at afrinic.net>
https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>


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From owen at delong.com  Wed Apr 11 16:31:38 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 09:31:38 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <CAHt2V=-A+Qf3AYiXnxH30ZkoB_rJTcRK-nmoC8+_j3Z=KegNHw@mail.gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
 <CAHt2V=-A+Qf3AYiXnxH30ZkoB_rJTcRK-nmoC8+_j3Z=KegNHw@mail.gmail.com>
Message-ID: <9EB3DC74-B5DB-4CDD-A52F-2F2C3233D13F@delong.com>



> On Apr 11, 2018, at 08:07 , John Walu <walu.john at gmail.com> wrote:
> 
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
> 
> @Owen, the above is not entirely true.
> 
> EU regulation/GDPR does affect African countries in general.  Or at least those wishing to remain trade partners  with European Countries.
> 
> Most of Africa has little or no Data Protection/Privacy laws (with a few exception being Ghana, Mauritius, SA, etc). Kenya for example doesn't have one.  
> 
> Should Kenya show the EU the middle finger?
> 
> Yes they could. But essentially, that middle finger will translate into losing money. 
> 
> A European Union Company would for example NOTdare engage (Data-wise/Business wise) with a Kenyan partner/subsidiary that for example sells flowers to European destinations/customers since Kenyan privacy /data protection environment would be suspect. 
> 
> Whereas the EU cannot directly hold the Kenyan company liable for breaches, it will penalize the European company thoroughly. The net effect is that most European companies would review their risk profiles with African partners and basically cut linkages or open new ones -  only with 'compliant' countries in Africa.

Sure? There?s the question of actual jurisdiction vs. voluntary compliance. Any given organization in Africa may find that it wishes to comply with GDPR voluntarily in order to avoid such issues, but my point was that the EU does not automatically have world-wide jurisdiction over other sovereign nations and unless some form of voluntary subjugation is created through treaty or other mechanisms (economic extortion by the EU as you have described, for example), then there are no actual legal consequences to an organization outside of the EU for violating GDPR.

> Unlike US, Africa does need EU Euros ;-). And so we will have to improve our Data protection regimes. Though it would have been good if we did it out of our own volition.

I personally thing that GDPR goes too far and has a number of rather onerous requirements (maintaining a person on staff domiciled in the EU, for example) that should be closely examined by those feeling we should all just roll over and take it from the EU.

> Now more specifically for the Afrinic registry,
> 
> The board  just need to do an impact analysis of the GDPR on the Afrinic Company and share with members.

Yes.

> Just off my head, the data within the registry (IP, Whois, etc) would need to be protected. Essentially, if we have some data sitting in our Mauritius/SA registries and it relates to European citizens/subject then we need to review it in light of the GDPR requirements.  Essentially EU citizens/residents have a whole list of rights to the data (consent, delete, etc) and whoever is hosting it also has some obligations.

IF and only IF they are legally or voluntarily subject to EU jurisdiction. Apparently in the case of MU, due to treaties signed by MU and MU?s own DPA, AfriNIC is legally subject. Due to treaty obligations, US and US Organizations are subject.

Likely, Kenya is not legally subject (as Mike pointed out, there is clarification needed on this), but Kenyan entities may wish to voluntarily subject themselves in order to preserve their ability to do business with certain organizations in EU. This is an individual and voluntary decision which must be made by each entity, however, rather than legal subjugation.

The clarification is that while EU may consider them legally subject, the EU?s ability to enforce EU law upon entities within Kenya is entirely up to the Kenyan government. Just as no US entity would take it seriously if Kenya passed a law requiring all US residents to wear red bandanas. Sure, if we were visiting Kenya, we?d likely wear the bandanas while we?re there, because that?s within Kenyan jurisdiction and we are during that time subject to Kenyan sovereignty. But while we?re home in the US, we?re not subject to Kenyan laws.

US gets creative on some of this subjecting its citizens to certain US laws regardless of location (for example, it?s illegal under US law for a US Citizen to conduct a space launch without authorization from the FAA Office of Space Transportation no matter where in the world said launch is conducted). However, they have no control whatsoever over what Kenyan citizens do in Kenya.

Owen

> 
> That's my 1bitcoin on the matter ;-)
> 
> walu. 
> 
> 
> 
> 
> 
> On Wed, Apr 11, 2018 at 9:08 AM, Owen DeLong <owen at delong.com <mailto:owen at delong.com>> wrote:
> 
> 
>> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>> 
>> Hi AfriNIC Board,
>>  
>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
> 
> Is Mauritius signatory to some treaty making them subject to GDPR?
>  
>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
> 
> It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).
> 
> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
> 
> Owen
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
> 
> 

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From owen at delong.com  Wed Apr 11 16:45:54 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 09:45:54 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <A06D0714-68C2-4005-932C-BA58405DA128@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7FFD9908-635B-4758-9303-B654EDD7D9C5@delong.com>
 <34F7BBCE-7E6A-4E48-90F6-17AF2B12EEF7@gmail.com>
 <E8564702-4206-454E-87F7-341FDFCBF45D@delong.com>
 <A06D0714-68C2-4005-932C-BA58405DA128@gmail.com>
Message-ID: <BBFD23EB-FF08-4B53-8F29-6782F9ED6D59@delong.com>

I didn?t say it was unnecessary. I said it was bad. GDPR is a bad regulation as far as I?m concerned and the more its grasp expands, the worse it is for all affected.

If for no other reason than the incredible extra-territorial jurisdiction land-grab, this sets a terrible precedent.

Owen


> On Apr 11, 2018, at 09:08 , Kris Seeburn <seeburn.k at gmail.com> wrote:
> 
> Not quite bad it?s business and economic based. Most of the BPO companies are and have EU citizen /resident data and for the outsourcing to continue to operate within bounds and still survive. I do not think Mauritian government had any option than to go forward with this. Now the agreement with EU alignment dates way back in 2006 if i recall. It was also because of EU business operations which wanted to ensure that Mauritius was a signatory and aligned with safe harbour principles and data protection and privacy rules.
> 
> A small island which needs various economic sectors to be economically viable does not have any options. Mauritius benefits heavily from the EU. Pot luck?.
> 
>> On Apr 11, 2018, at 20:01, Owen DeLong <owen at delong.com <mailto:owen at delong.com>> wrote:
>> 
>> Well, then, that makes it just as bad for MU as it is for US.
>> 
>> Owen
>> 
>> 
>>> On Apr 10, 2018, at 23:18 , Kris Seeburn <seeburn.k at gmail.com <mailto:seeburn.k at gmail.com>> wrote:
>>> 
>>> Mauritius is signatory that?s where the safe harbour was put In place years back. All BPOs in mauritius are holding EU citizen / resident data. the Data Protection office will be fast tracking to look like ICO which is renamed GDPR anyways.
>>> 
>>> Kris
>>> 
>>> On 11 Apr 2018, at 10:08, Owen DeLong <owen at delong.com <mailto:owen at delong.com>> wrote:
>>> 
>>>> 
>>>> 
>>>>> On Apr 10, 2018, at 22:42 , Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
>>>>> 
>>>>> Hi AfriNIC Board,
>>>>>  
>>>>> Can this board please *urgently* inform this community as to what preparations they have made as regards to compliance with the General Data Protection Regulations passed by the European Commision and the board will be in a position to give this community a full and complete report as to their GDPR compliance status and what will be changing before the 25th of May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>>> 
>>>> Is Mauritius signatory to some treaty making them subject to GDPR?
>>>>  
>>>>> Considering that the regulation comes into force on the 25th of May 2018 ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject to the regulations irrespective of the fact that they are domiciled in Mauritius ? this is an urgent and critical issue.  It has direct impact on the whois database, abuse contact information, handling of data submitted during application process and potentially even the proposed review policy, just to name a few things that I can think of off the top of my head ? and cannot be ignored.  I would in fact have liked to have seen discussions by the board in the minutes that have been published about the GDPR long before now ? considering the impact ? but failing that ? the question is now being asked.
>>>> 
>>>> It?s not about EU Citizens. It?s about EU Residents. (Common misconception about GDPR).
>>>> 
>>>> Further, unless your in a silly country that was dumb enough to sign a treaty extending EU?s legal reach into your sovereignty, such as the stupid congress of the united States, then you can offer the EU a nice big Italian sign language gesture regarding their GDPR and continue on with business as usual.
>>>> 
>>>> Owen
>>>> 
>>>> _______________________________________________
>>>> Community-Discuss mailing list
>>>> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
>>>> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
>> 
> 
> 
> 
> 
> 
> Kris Seeburn
> seeburn.k at gmail.com <mailto:seeburn.k at gmail.com>
> www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>
> 
> "Life is a Beach, it all depends at how you look at it"
> 
> <KeepItOn_Social_animated.gif>
> 

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From walu.john at gmail.com  Wed Apr 11 16:51:46 2018
From: walu.john at gmail.com (John Walu)
Date: Wed, 11 Apr 2018 19:51:46 +0300
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <CACAaNxgnUV91o9LqNi6B1Fett5qmFN+Lqy-G7yCj1=PPsdgh3g@mail.gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <D002C638-0FA6-4BDC-922C-72674C5A90B7@gmail.com>
 <6450B7A0-5B2D-4E94-8F67-286B40F9EBB7@gmail.com>
 <126791523458817@web17g.yandex.ru>
 <CACAaNxgnUV91o9LqNi6B1Fett5qmFN+Lqy-G7yCj1=PPsdgh3g@mail.gmail.com>
Message-ID: <CAHt2V=-JrbAc=D1bqprSv-eJZPNSV5Zj6he2nRMCMtkEw-FU6w@mail.gmail.com>

Hi McTim,

Thnx for posting the ARIN position.  Obviously very detached - based on the
valid reasons they give ;-)

It may also be nice to read the RIPE position.  I think it would be more
relevant for Afrinic. Have a read.


https://labs.ripe.net/Members/Athina/how-we-re-implementing-the-gdpr-the-ripe-database
and
https://labs.ripe.net/Members/Athina/gdpr-legal-grounds-for-lawful-personal-data-processing-and-the-ripe-database

RIPE had to tweak a few things here and there.  Afrinic may borrow useful
lessons there.

Think of a European Telco/ISP with branches/subsidiary in Kenya. The
European Hq  (the Data controllers) may not wish to be penalized by EU
courts for breaches incurred in Kenya by their corresponding subsidiary
(their Data Processor).  Whereas this example may NOT directly apply to the
Afrinic registry/business, it spells out the potential the level of
linkages that need to be analysed.

For example, EU Telcos/ISPs with subsidiaries in Africa may wish to review
the exposure/risk that those subsidiaries present by having their data in
the AfriNIC WHOIS database. They may not want to be caught up in the Data
controller/Data Processor penalties. Whereas they cant force Afrinic to be
compliant (if it is not), they will however chose whether to remain in
Africa and pay penalties - in case of breaches. Iff the feel the risk is
not worth it, the will vote with their feet (divest), is that good for
Afrinic?.

Another  legal route I have observed happening is most Multinationals based
in EU are simply changing ownership, to be domesticated in Africa.
(Barclays, Vodacom?) That way you escape liability. And that is good for
them.

We should also find out what is good for us as Afrinic with respect to this
GDPR business.

walu.

On Wed, Apr 11, 2018 at 6:43 PM, McTim <mctimconsulting at gmail.com> wrote:

> Here is the ARIN blog post about it:
>
> https://teamarin.net/2018/03/20/personal-data-privacy-
> considerations-at-arin/
>
> Rgds,
>
> McTim
>
> On Wed, Apr 11, 2018 at 11:00 AM, Dabu Sifiso <dabu.sifiso at yandex.com>
> wrote:
>
>>
>> Interesting discussion.
>>
>> It seems many are not aware of the reality of the European Union's extent
>> and how RIR divided the world:
>>
>> https://www.arin.net/vault/about_us/bot/bot2017_1005.html
>> "Merike Kaeo indicated that due to General Data Protection Regulations
>> (GDPR), organizations are going 'dark' with their information because the
>> fines are so high. The President provided more background on GDPR, and
>> indicated ARIN was in good shape with regard to GDPR due to its service
>> region."
>>
>> https://www.nro.net/about-the-nro/list-of-country-codes-and-
>> rirs-ordered-by-country-code/
>> Martinique is part of France and EU but is serviced by ARIN, not by RIPE
>> and there are some more serviced at ARIN.
>>
>> If what Mike and Owen are saying is correct, the RIR being outside of EU
>> is not obliged to be in line with those new rules, but the members from
>> France (La Reunion, Mayotte) are responsible under French/EU laws?
>>
>> The few things I found in regards to GDPR was about exporting private
>> data to outside of the European Union, does that mean those members will
>> not be able to make use of the AFRINIC database unless they get
>> confirmation that AFRINIC is compliant with that GDPR?
>>
>> Will AFRINIC move those members and their information to the RIPE where
>> they will be within the legislation of their own laws?
>>
>>
>>
>> 11.04.2018, 09:30, "Kris Seeburn" <seeburn.k at gmail.com>:
>>
>> Mike
>>
>> R?union and Mayotte are the outermost region
>> <https://en.wikipedia.org/wiki/Special_member_state_territories_and_the_European_Union> of
>> the European Union <https://en.wikipedia.org/wiki/European_Union> and,
>> as an overseas department of France, part of the Eurozone
>> <https://en.wikipedia.org/wiki/Eurozone>
>>
>>
>>
>>
>> On Apr 11, 2018, at 18:23, Mike Silber <silber.mike at gmail.com> wrote:
>>
>> They are not Member States.
>>
>> And Owen is not really that accurate in his interpretation. He mixes up
>> enforcement (real nexus through operations) with some theoretical
>> applicability which is poorly defined and has no practical expression in
>> the GDPR and will need national DPAs to provide teeth.
>>
>>
>> On 11 Apr 2018, at 16:19, Andrew Alston <Andrew.Alston at liquidtelecom.com>
>> wrote:
>>
>> Owen,
>>
>> Would the fact that AfriNIC serves  La R?union and Mayotte not create
>> such a nexus since both are formally part of the EU?
>>
>> In the same way ? there are various EU members served by ARIN?
>>
>>
>> Andrew
>>
>>
>> *From:* Owen DeLong [mailto:owen at delong.com <owen at delong.com>]
>> *Sent:* 11 April 2018 17:12
>> *To:* Andrew Alston <Andrew.Alston at liquidtelecom.com>
>> *Cc:* Mike Silber <silber.mike at gmail.com>; Abibu R. Ntahigiye <
>> abibu at tznic.or.tz>; General Discussions of AFRINIC <
>> community-discuss at afrinic.net>; AfriNIC Discuss <
>> members-discuss at afrinic.net>
>> *Subject:* Re: [Community-Discuss] AFRINIC and the GDPR
>>
>> Roughly translated:
>>                The ability of EU to inflict GDPR on those operators
>> outside of EU is predicated on that operator
>>                having some business operation or presence within the EU
>> which allows them to subject you to their
>>                jurisdiction. Determining that you have said presence
>> requires a specific determination by the
>>                EU member state where said presence exists.
>>
>> I?m pretty sure AfriNIC has no such nexus.
>>
>> However, what is left out of Mike?s statement is the potential that any
>> other country may have signed some
>> sort of treaty with the EU (or a member state) which subjects them to
>> GDPR and/or grants additional
>> extraterritorial rights to the EU. Such is (unfortunately) the case with
>> the US, for example.
>>
>> Another key point is that EU citizens not living in Europe are not
>> covered by GDPR. Non-EU citizens living
>> within the EU are covered by GDPR. (At least that is my understanding?
>> AIUI, GDPR applies to EU residents,
>> not EU citizens.)
>>
>> Owen
>>
>>
>>
>>
>> On Apr 11, 2018, at 06:44 , Andrew Alston <Andrew.Alston at liquidtelecom.c
>> om> wrote:
>>
>> Thanks Mike,
>>
>> That?s actually pretty useful in some sense ? but can I ask for an
>> English interpretation of the last sentence for those of us that sadly
>> don?t speak Lawyer ?
>>
>> Thanks
>>
>> Andrew
>>
>>
>> *From: *Mike Silber <silber.mike at gmail.com>
>> *Date: *Wednesday, 11 April 2018 at 16:34
>> *To: *"Abibu R. Ntahigiye" <abibu at tznic.or.tz>
>> *Cc: *Andrew Alston <Andrew.Alston at liquidtelecom.com>, General
>> Discussions of AFRINIC <community-discuss at afrinic.net>, AfriNIC Discuss <
>> members-discuss at afrinic.net>
>> *Subject: *Re: [Community-Discuss] AFRINIC and the GDPR
>>
>> If I can add to this, there is as yet no clear direction from the
>> European DPAs as a collective on how GDPR affects whois access in general.
>>
>> The RIPE NCC approach is premised on their interactions with the Dutch
>> DPA, rather than a Europe wide approach.
>>
>> In addition, I am not sure I concur with Mr Alston?s insistence that
>> ?holding data of EU citizens? automatically places AfriNIC into the
>> category of data controller in terms of GDPR or imposes any requirements on
>> AfriNIC, particularly as the GDPR applies to processing of personal data in
>> the context of the activities of an establishment of a controller or a
>> processor in the Union.
>>
>> The extraterritorial application is premised on a nexus requirement set
>> out in general terms in Recital 23, but requiring specific determination in
>> terms of national law by Member States.
>>
>> Mike
>>
>>
>>
>>
>>
>> On 11 Apr 2018, at 13:36, Abibu R. Ntahigiye <abibu at tznic.or.tz> wrote:
>>
>> Dear Andrew, Members and the whole Afrinic community,
>> Andrew has raised a very important issue for Afrinic operations - Thanks
>> so much Andrew.
>> The Board would like to inform you that the issue was discussed within
>> the Board at the Afrinic 27 meeting in Lagos and the Management was tasked
>> to work on the issue.
>> The Board has also been made aware that the Mauritius Data Protection Act
>> 2017 is already in effect and is aligned with the EU GDPR regulations.  The
>> Board believes that these regulations are not a barrier to publication of
>> the WHOIS data, and it has noted the RIPE NCC study that made such a
>> finding.  The Board further believes that the biggest changes required by
>> AFRINIC are in documenting how personal data is used, and in informing
>> people at the time data is collected.
>> The AFRINIC management will provide further updates on the issues at AIS
>> 2018 in Senegal.
>> Further to the above, the Board expects to receive more insights on GDPR
>> related issues at the joint Boards (AfriNIC and RIPE NCC) meeting planned
>> in Senegal.
>>
>> Kind regards
>>
>>
>>
>>
>> On 11/04/2018 08:42, Andrew Alston wrote:
>>
>> Hi AfriNIC Board,
>>
>> Can this board please **urgently** inform this community as to what
>> preparations they have made as regards to compliance with the General Data
>> Protection Regulations passed by the European Commision and the board will
>> be in a position to give this community a full and complete report as to
>> their GDPR compliance status and what will be changing before the 25th of
>> May to ensure that when the GDPR comes into force AfriNIC is compliant.
>>
>> Considering that the regulation comes into force on the 25th of May 2018
>> ? and AfriNIC is 100% holding data of EU Citizens, which makes them subject
>> to the regulations irrespective of the fact that they are domiciled in
>> Mauritius ? this is an urgent and critical issue.  It has direct impact on
>> the whois database, abuse contact information, handling of data submitted
>> during application process and potentially even the proposed review policy,
>> just to name a few things that I can think of off the top of my head ? and
>> cannot be ignored.  I would in fact have liked to have seen discussions by
>> the board in the minutes that have been published about the GDPR long
>> before now ? considering the impact ? but failing that ? the question is
>> now being asked.
>>
>> Andrew
>>
>>
>>
>> _______________________________________________
>>
>> Community-Discuss mailing list
>>
>> Community-Discuss at afrinic.net
>>
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
>>
>>
>>
>>
>> --
>>
>> Abibu R. Ntahigiye
>>
>>
>>
>> CEO, tzNIC / Interim Chairman, Afrinic.
>>
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
>>
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
>>
>>
>>
>> Kris Seeburn
>> seeburn.k at gmail.com
>>
>>    - www.linkedin.com/in/kseeburn/
>>
>>    "Life is a Beach, it all depends at how you look at it"
>>
>>
>> ,
>>
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
>>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
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From sm+afrinic at elandsys.com  Wed Apr 11 16:47:58 2018
From: sm+afrinic at elandsys.com (S Moonesamy)
Date: Wed, 11 Apr 2018 09:47:58 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
Message-ID: <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>

Hi Owen,
At 09:05 AM 11-04-2018, Owen DeLong wrote:
>Since AfriNIC isn't actually present in either location, it's up to 
>the government of Mauritius whether it would do any of the following:
>1.Allow suit based on GDPR violation to be brought in an MU court.
>2.Extradite AfriNIC for suit in a court of competent jurisdiction in 
>one of those countries.

I doubt that (1) is how the data protection law works in Mauritius.

>However, given the new information from Kirs that MU signed a safe 
>harbor treaty with EU subjecting MU to EU ICO->GDPR, then yes, 
>everyone and all organizations in MU are subject to GDPR by virtue 
>of the treaty requiring MU to do one of the two things above in such a case.

I gather that you are referring to the safe harbor framework [1] 
between the United States and the European Union.  I doubt that legal 
entities in Mauritius are subject to the GDPR per se [2] as they are 
not in the European Union.  Which treaty are you referring to?

Regards,
S. Moonesamy

1. 
https://www.ftc.gov/tips-advice/business-center/privacy-and-security/u.s.-eu-safe-harbor-framework
2. There may be exceptions to this. 




From owen at delong.com  Wed Apr 11 17:29:56 2018
From: owen at delong.com (Owen DeLong)
Date: Wed, 11 Apr 2018 10:29:56 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
Message-ID: <7D951A0A-4CB1-448F-8A2D-EFD2C785136E@delong.com>



> On Apr 11, 2018, at 09:47 , S Moonesamy <sm+afrinic at elandsys.com> wrote:
> 
> Hi Owen,
> At 09:05 AM 11-04-2018, Owen DeLong wrote:
>> Since AfriNIC isn't actually present in either location, it's up to the government of Mauritius whether it would do any of the following:
>> 1.Allow suit based on GDPR violation to be brought in an MU court.
>> 2.Extradite AfriNIC for suit in a court of competent jurisdiction in one of those countries.
> 
> I doubt that (1) is how the data protection law works in Mauritius.
> 
>> However, given the new information from Kirs that MU signed a safe harbor treaty with EU subjecting MU to EU ICO->GDPR, then yes, everyone and all organizations in MU are subject to GDPR by virtue of the treaty requiring MU to do one of the two things above in such a case.
> 
> I gather that you are referring to the safe harbor framework [1] between the United States and the European Union.  I doubt that legal entities in Mauritius are subject to the GDPR per se [2] as they are not in the European Union.  Which treaty are you referring to?
> 
> Regards,
> S. Moonesamy
> 
> 1. https://www.ftc.gov/tips-advice/business-center/privacy-and-security/u.s.-eu-safe-harbor-framework
> 2. There may be exceptions to this. 

I?m not referring to any specific treaty. I?m stating that the mechanism by which MU could subject its citizens to EU jurisdiction would be a treaty signed by EU and MU.

Owen




From sm+afrinic at elandsys.com  Wed Apr 11 17:52:22 2018
From: sm+afrinic at elandsys.com (S Moonesamy)
Date: Wed, 11 Apr 2018 10:52:22 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <7D951A0A-4CB1-448F-8A2D-EFD2C785136E@delong.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <7D951A0A-4CB1-448F-8A2D-EFD2C785136E@delong.com>
Message-ID: <6.2.5.6.2.20180411104935.0f9926a8@elandnews.com>

Hi Owen,
At 10:29 AM 11-04-2018, Owen DeLong wrote:
>I'm not referring to any specific treaty. I'm stating that the 
>mechanism by which MU could subject its citizens to EU jurisdiction 
>would be a treaty signed by EU and MU.

Thank you for the clarification.

Regards,
S. Moonesamy 




From ashok at afrinic.net  Thu Apr 12 09:55:32 2018
From: ashok at afrinic.net (Ashok)
Date: Thu, 12 Apr 2018 13:55:32 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
Message-ID: <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>

Dear All,
Mauritius has signed the the European Convention for Protection of 
Individuals with regard to Automatic Processing of Personal Data 
(commonly known as Convention 108), to which? it acceded to on 17 June 
2016 at Strasbourg, France.
On a side note, Convention 108 is the first and only international 
legally binding instrument dealing explicitly with data protection and 
currently has 51 signatories including 47 Council of Europe Member 
States as well as Uruguay until Mauritius became the 49th State Party 
and the first African country. The treaty entered into force on 1 
October 2016 in Mauritius. [ Extract from Data Protection Office Document].
This is how GDPR applies to Mauritius and since then The Data Protection 
Act 2017 has incorporated same in our local law.
Ashok.,

On 11/04/2018 20:47, S Moonesamy wrote:
> Hi Owen,
> At 09:05 AM 11-04-2018, Owen DeLong wrote:
>> Since AfriNIC isn't actually present in either location, it's up to 
>> the government of Mauritius whether it would do any of the following:
>> 1.Allow suit based on GDPR violation to be brought in an MU court.
>> 2.Extradite AfriNIC for suit in a court of competent jurisdiction in 
>> one of those countries.
>
> I doubt that (1) is how the data protection law works in Mauritius.
>
>> However, given the new information from Kirs that MU signed a safe 
>> harbor treaty with EU subjecting MU to EU ICO->GDPR, then yes, 
>> everyone and all organizations in MU are subject to GDPR by virtue of 
>> the treaty requiring MU to do one of the two things above in such a 
>> case.
>
> I gather that you are referring to the safe harbor framework [1] 
> between the United States and the European Union.? I doubt that legal 
> entities in Mauritius are subject to the GDPR per se [2] as they are 
> not in the European Union.? Which treaty are you referring to?
>
> Regards,
> S. Moonesamy
>
> 1. 
> https://www.ftc.gov/tips-advice/business-center/privacy-and-security/u.s.-eu-safe-harbor-framework
> 2. There may be exceptions to this.
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss




From alihadji at comorestelecom.km  Thu Apr 12 12:13:35 2018
From: alihadji at comorestelecom.km (ALI Hadji Mmadi)
Date: Thu, 12 Apr 2018 15:13:35 +0300
Subject: [Community-Discuss] [AFRINIC-Announce] Announcement for Final
	Candidate Slate for Open Seats AFRINIC Elections
In-Reply-To: <15E3DB29-8269-4703-AE84-03E86EFD6194@afrinic.net>
References: <15E3DB29-8269-4703-AE84-03E86EFD6194@afrinic.net>
Message-ID: <00d401d3d257$b22da580$1688f080$@comorestelecom.km>

Dear NomCom  Members,
Thanks for your efforts, but the slates show only one candidate for many positions which is not good  for this community. 
Is this a signal of AFRINIC being no longer attractive for community to serve or failure of the NomCom?
Regards.
Ali Of Comoros

-----Message d'origine-----
De : AFRINIC Communication [mailto:comm-announce at afrinic.net] 
Envoy? : mardi 10 avril 2018 13:44
? : announce at afrinic.net
Objet : [AFRINIC-Announce] Announcement for Final Candidate Slate for Open Seats AFRINIC Elections

[Version fran?aise ci-dessous]

 
Dear Colleagues,

NomCom2018 is pleased to announce the following final candidate slate for the open seats on the AFRINIC:

1.Board of Directors

 Eastern Africa

i. Abibu Rashid Ntahigiye

Southern Africa

i. Lucky Masilela


2. Policy Development Working Group

i. Mark Elkins


3. Governance Committee

i.  Daniel Inusa Yakmut

ii. Dr. Alioune Badara Traore


4. Policy Development Appeal Committee

i.  Kodzo (Marcus) Gadzekpo Adomey

ii. Luc Missidimbazi 

iii. Jean-Robert Hountomey

iv. Wafa Dahmani

 
Full candidate information has been published.

Governance Committee

https://afrinic.net/en/community/elections/2349-2018-governance-committee-candidate-slate

BoD

https://afrinic.net/en/community/elections/2345-2018-board-of-directors-candidate-slate


PDWG

https://afrinic.net/en/community/elections/2351-2018-pdwg-candidate-slate


Appeal Committee

https://afrinic.net/en/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate


The community (and members) are hereby invited to view candidate details and express any comments about the suitability of the candidates for the board position using the comment section at the URLs above.


Election will be held during the Annual General Members' Meeting (AGMM) to be held in Dakar on 10 May 2018.

Members that will not be able to attend and/or vote physically at the AGMM are informed that there is an option for electronic voting, which will start on 27th April 2018 until 10th May 2018 and will be conducted through the MyAFRINIC portal - https://my.afrinic.net.

Members can also opt to appoint a proxy to attend the AGMM and participate on the member?s behalf, including voting in the board election and all other matters at the AGMM.


More information is available at: https://afrinic.net/en/community/elections/bod-election/process

For any queries or clarification, please contact the nominations committee by email to nomcom2018@ afrinic. net

 

(2018 Nominations Committee) 

 
???????????????????????????????????????????????????

 

Chers coll?gues,

 

NomCom2018 a le plaisir d'annoncer la liste finale des candidats aux ?lections du :


1. Conseil d'administration


 Afrique de l'Est

i. Abibu Rashid Ntahigiye


Afrique du sud 

i. Lucky Masilela

 

2. Groupe de travail sur l'?laboration des politiques


i. Mark Elkins


3. Comit? de gouvernance


i. Daniel Inusa Yakmut

ii. Dr. Alioune Badara Traor?


4. Comit? d'appel de l'?laboration des politiques


i. Kodzo (Marcus) Gadzekpo Adomey

ii. Luc Missidimbazi

iii. Jean-Robert Hountomey

iv. Wafa Dahmani

 
Plus d?informations sur les candidats sont publi?es.


Comit? de gouvernance

https://afrinic.net/fr/community/elections/2349-2018-governance-committee-candidate-slate
 

BoD

https://afrinic.net/fr/community/elections/2345-2018-board-of-directors-candidate-slate

 
PDWG 

https://afrinic.net/fr/communautaire/elections/2351-2018-pdwg-candidate-slate

Comit? d'Appel

https://afrinic.net/fr/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
 

La communaut? (et les membres) sont invit?s ? voir les d?tails des candidats et ? formuler des commentaires sur les qualit?s personnelles des candidats pour le poste au conseil d'administration en utilisant la section des commentaires sur les URL ci-dessus.

L'?lection aura lieu lors de l'Assembl?e g?n?rale annuelle des membres (AGMM) qui se tiendra ? Dakar le 10 mai 2018.

Les membres qui ne pourront pas assister et / ou voter physiquement ? l'AGMM sont inform?s qu'il y a une option pour le vote ?lectronique, qui commencera le 27 avril 2018 jusqu'au 10 mai 2018 et sera effectu?e via le portail MyAFRINIC - https: / /my.afrinic.net.

Les membres peuvent ?galement choisir de nommer un mandataire pour assister ? l'AGMM et participer au nom du membre, y compris le vote ? l'?lection du conseil d?administration et toutes les autres questions ? l'AGMM.

Plus d'informations sont disponibles sur: https://afrinic.net/en/community/elections/bod-election/process

Pour toute question ou clarification, veuillez contacter le comit? de nomination par courriel ? nomcom2018 @ afrinic. net
 

(Comit? des nominations 2018)
_______________________________________________
Announce mailing list
Announce at afrinic.net
https://lists.afrinic.net/mailman/listinfo/announce




From seeburn.k at gmail.com  Thu Apr 12 12:26:44 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Thu, 12 Apr 2018 16:26:44 +0400
Subject: [Community-Discuss] [AFRINIC-Announce] Announcement for Final
 Candidate Slate for Open Seats AFRINIC Elections
In-Reply-To: <00d401d3d257$b22da580$1688f080$@comorestelecom.km>
References: <15E3DB29-8269-4703-AE84-03E86EFD6194@afrinic.net>
 <00d401d3d257$b22da580$1688f080$@comorestelecom.km>
Message-ID: <FB74B8FD-D6F4-4960-8134-E36BF0A1BFAA@gmail.com>

Ali,

I totally agree with you. One candidate also means no elections per say. They will be elected by acclamation. 

> On Apr 12, 2018, at 16:13, ALI Hadji Mmadi <alihadji at comorestelecom.km> wrote:
> 
> Dear NomCom  Members,
> Thanks for your efforts, but the slates show only one candidate for many positions which is not good  for this community. 
> Is this a signal of AFRINIC being no longer attractive for community to serve or failure of the NomCom?
> Regards.
> Ali Of Comoros
> 
> -----Message d'origine-----
> De : AFRINIC Communication [mailto:comm-announce at afrinic.net] 
> Envoy? : mardi 10 avril 2018 13:44
> ? : announce at afrinic.net
> Objet : [AFRINIC-Announce] Announcement for Final Candidate Slate for Open Seats AFRINIC Elections
> 
> [Version fran?aise ci-dessous]
> 
> 
> Dear Colleagues,
> 
> NomCom2018 is pleased to announce the following final candidate slate for the open seats on the AFRINIC:
> 
> 1.Board of Directors
> 
> Eastern Africa
> 
> i. Abibu Rashid Ntahigiye
> 
> Southern Africa
> 
> i. Lucky Masilela
> 
> 
> 2. Policy Development Working Group
> 
> i. Mark Elkins
> 
> 
> 3. Governance Committee
> 
> i.  Daniel Inusa Yakmut
> 
> ii. Dr. Alioune Badara Traore
> 
> 
> 4. Policy Development Appeal Committee
> 
> i.  Kodzo (Marcus) Gadzekpo Adomey
> 
> ii. Luc Missidimbazi 
> 
> iii. Jean-Robert Hountomey
> 
> iv. Wafa Dahmani
> 
> 
> Full candidate information has been published.
> 
> Governance Committee
> 
> https://afrinic.net/en/community/elections/2349-2018-governance-committee-candidate-slate
> 
> BoD
> 
> https://afrinic.net/en/community/elections/2345-2018-board-of-directors-candidate-slate
> 
> 
> PDWG
> 
> https://afrinic.net/en/community/elections/2351-2018-pdwg-candidate-slate
> 
> 
> Appeal Committee
> 
> https://afrinic.net/en/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
> 
> 
> The community (and members) are hereby invited to view candidate details and express any comments about the suitability of the candidates for the board position using the comment section at the URLs above.
> 
> 
> Election will be held during the Annual General Members' Meeting (AGMM) to be held in Dakar on 10 May 2018.
> 
> Members that will not be able to attend and/or vote physically at the AGMM are informed that there is an option for electronic voting, which will start on 27th April 2018 until 10th May 2018 and will be conducted through the MyAFRINIC portal - https://my.afrinic.net.
> 
> Members can also opt to appoint a proxy to attend the AGMM and participate on the member?s behalf, including voting in the board election and all other matters at the AGMM.
> 
> 
> More information is available at: https://afrinic.net/en/community/elections/bod-election/process
> 
> For any queries or clarification, please contact the nominations committee by email to nomcom2018@ afrinic. net
> 
> 
> 
> (2018 Nominations Committee) 
> 
> 
> ???????????????????????????????????????????????????
> 
> 
> 
> Chers coll?gues,
> 
> 
> 
> NomCom2018 a le plaisir d'annoncer la liste finale des candidats aux ?lections du :
> 
> 
> 1. Conseil d'administration
> 
> 
> Afrique de l'Est
> 
> i. Abibu Rashid Ntahigiye
> 
> 
> Afrique du sud 
> 
> i. Lucky Masilela
> 
> 
> 
> 2. Groupe de travail sur l'?laboration des politiques
> 
> 
> i. Mark Elkins
> 
> 
> 3. Comit? de gouvernance
> 
> 
> i. Daniel Inusa Yakmut
> 
> ii. Dr. Alioune Badara Traor?
> 
> 
> 4. Comit? d'appel de l'?laboration des politiques
> 
> 
> i. Kodzo (Marcus) Gadzekpo Adomey
> 
> ii. Luc Missidimbazi
> 
> iii. Jean-Robert Hountomey
> 
> iv. Wafa Dahmani
> 
> 
> Plus d?informations sur les candidats sont publi?es.
> 
> 
> Comit? de gouvernance
> 
> https://afrinic.net/fr/community/elections/2349-2018-governance-committee-candidate-slate
> 
> 
> BoD
> 
> https://afrinic.net/fr/community/elections/2345-2018-board-of-directors-candidate-slate
> 
> 
> PDWG 
> 
> https://afrinic.net/fr/communautaire/elections/2351-2018-pdwg-candidate-slate
> 
> Comit? d'Appel
> 
> https://afrinic.net/fr/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
> 
> 
> La communaut? (et les membres) sont invit?s ? voir les d?tails des candidats et ? formuler des commentaires sur les qualit?s personnelles des candidats pour le poste au conseil d'administration en utilisant la section des commentaires sur les URL ci-dessus.
> 
> L'?lection aura lieu lors de l'Assembl?e g?n?rale annuelle des membres (AGMM) qui se tiendra ? Dakar le 10 mai 2018.
> 
> Les membres qui ne pourront pas assister et / ou voter physiquement ? l'AGMM sont inform?s qu'il y a une option pour le vote ?lectronique, qui commencera le 27 avril 2018 jusqu'au 10 mai 2018 et sera effectu?e via le portail MyAFRINIC - https: / /my.afrinic.net.
> 
> Les membres peuvent ?galement choisir de nommer un mandataire pour assister ? l'AGMM et participer au nom du membre, y compris le vote ? l'?lection du conseil d?administration et toutes les autres questions ? l'AGMM.
> 
> Plus d'informations sont disponibles sur: https://afrinic.net/en/community/elections/bod-election/process
> 
> Pour toute question ou clarification, veuillez contacter le comit? de nomination par courriel ? nomcom2018 @ afrinic. net
> 
> 
> (Comit? des nominations 2018)
> _______________________________________________
> Announce mailing list
> Announce at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/announce
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss





Kris Seeburn
seeburn.k at gmail.com
www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>

"Life is a Beach, it all depends at how you look at it"



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From silber.mike at gmail.com  Thu Apr 12 21:37:51 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Thu, 12 Apr 2018 23:37:51 +0200
Subject: [Community-Discuss] [AFRINIC-Announce] Announcement for Final
	Candidate Slate for Open Seats AFRINIC Elections
In-Reply-To: <FB74B8FD-D6F4-4960-8134-E36BF0A1BFAA@gmail.com>
References: <15E3DB29-8269-4703-AE84-03E86EFD6194@afrinic.net>
 <00d401d3d257$b22da580$1688f080$@comorestelecom.km>
 <FB74B8FD-D6F4-4960-8134-E36BF0A1BFAA@gmail.com>
Message-ID: <D6EACB14-57E9-408D-843E-8D31576AF078@gmail.com>

I also think it is worth reviewing the situation of two candidates from a single organization in the Appeals Committee.

I am surprised the NomCom allowed that through.

> On 12 Apr 2018, at 14:26, Kris Seeburn <seeburn.k at gmail.com> wrote:
> 
> Ali,
> 
> I totally agree with you. One candidate also means no elections per say. They will be elected by acclamation. 
> 
>> On Apr 12, 2018, at 16:13, ALI Hadji Mmadi <alihadji at comorestelecom.km> wrote:
>> 
>> Dear NomCom  Members,
>> Thanks for your efforts, but the slates show only one candidate for many positions which is not good  for this community. 
>> Is this a signal of AFRINIC being no longer attractive for community to serve or failure of the NomCom?
>> Regards.
>> Ali Of Comoros
>> 
>> -----Message d'origine-----
>> De : AFRINIC Communication [mailto:comm-announce at afrinic.net] 
>> Envoy? : mardi 10 avril 2018 13:44
>> ? : announce at afrinic.net
>> Objet : [AFRINIC-Announce] Announcement for Final Candidate Slate for Open Seats AFRINIC Elections
>> 
>> [Version fran?aise ci-dessous]
>> 
>> 
>> Dear Colleagues,
>> 
>> NomCom2018 is pleased to announce the following final candidate slate for the open seats on the AFRINIC:
>> 
>> 1.Board of Directors
>> 
>> Eastern Africa
>> 
>> i. Abibu Rashid Ntahigiye
>> 
>> Southern Africa
>> 
>> i. Lucky Masilela
>> 
>> 
>> 2. Policy Development Working Group
>> 
>> i. Mark Elkins
>> 
>> 
>> 3. Governance Committee
>> 
>> i.  Daniel Inusa Yakmut
>> 
>> ii. Dr. Alioune Badara Traore
>> 
>> 
>> 4. Policy Development Appeal Committee
>> 
>> i.  Kodzo (Marcus) Gadzekpo Adomey
>> 
>> ii. Luc Missidimbazi 
>> 
>> iii. Jean-Robert Hountomey
>> 
>> iv. Wafa Dahmani
>> 
>> 
>> Full candidate information has been published.
>> 
>> Governance Committee
>> 
>> https://afrinic.net/en/community/elections/2349-2018-governance-committee-candidate-slate
>> 
>> BoD
>> 
>> https://afrinic.net/en/community/elections/2345-2018-board-of-directors-candidate-slate
>> 
>> 
>> PDWG
>> 
>> https://afrinic.net/en/community/elections/2351-2018-pdwg-candidate-slate
>> 
>> 
>> Appeal Committee
>> 
>> https://afrinic.net/en/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
>> 
>> 
>> The community (and members) are hereby invited to view candidate details and express any comments about the suitability of the candidates for the board position using the comment section at the URLs above.
>> 
>> 
>> Election will be held during the Annual General Members' Meeting (AGMM) to be held in Dakar on 10 May 2018.
>> 
>> Members that will not be able to attend and/or vote physically at the AGMM are informed that there is an option for electronic voting, which will start on 27th April 2018 until 10th May 2018 and will be conducted through the MyAFRINIC portal - https://my.afrinic.net.
>> 
>> Members can also opt to appoint a proxy to attend the AGMM and participate on the member?s behalf, including voting in the board election and all other matters at the AGMM.
>> 
>> 
>> More information is available at: https://afrinic.net/en/community/elections/bod-election/process
>> 
>> For any queries or clarification, please contact the nominations committee by email to nomcom2018@ afrinic. net
>> 
>> 
>> 
>> (2018 Nominations Committee) 
>> 
>> 
>> ???????????????????????????????????????????????????
>> 
>> 
>> 
>> Chers coll?gues,
>> 
>> 
>> 
>> NomCom2018 a le plaisir d'annoncer la liste finale des candidats aux ?lections du :
>> 
>> 
>> 1. Conseil d'administration
>> 
>> 
>> Afrique de l'Est
>> 
>> i. Abibu Rashid Ntahigiye
>> 
>> 
>> Afrique du sud 
>> 
>> i. Lucky Masilela
>> 
>> 
>> 
>> 2. Groupe de travail sur l'?laboration des politiques
>> 
>> 
>> i. Mark Elkins
>> 
>> 
>> 3. Comit? de gouvernance
>> 
>> 
>> i. Daniel Inusa Yakmut
>> 
>> ii. Dr. Alioune Badara Traor?
>> 
>> 
>> 4. Comit? d'appel de l'?laboration des politiques
>> 
>> 
>> i. Kodzo (Marcus) Gadzekpo Adomey
>> 
>> ii. Luc Missidimbazi
>> 
>> iii. Jean-Robert Hountomey
>> 
>> iv. Wafa Dahmani
>> 
>> 
>> Plus d?informations sur les candidats sont publi?es.
>> 
>> 
>> Comit? de gouvernance
>> 
>> https://afrinic.net/fr/community/elections/2349-2018-governance-committee-candidate-slate
>> 
>> 
>> BoD
>> 
>> https://afrinic.net/fr/community/elections/2345-2018-board-of-directors-candidate-slate
>> 
>> 
>> PDWG 
>> 
>> https://afrinic.net/fr/communautaire/elections/2351-2018-pdwg-candidate-slate
>> 
>> Comit? d'Appel
>> 
>> https://afrinic.net/fr/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
>> 
>> 
>> La communaut? (et les membres) sont invit?s ? voir les d?tails des candidats et ? formuler des commentaires sur les qualit?s personnelles des candidats pour le poste au conseil d'administration en utilisant la section des commentaires sur les URL ci-dessus.
>> 
>> L'?lection aura lieu lors de l'Assembl?e g?n?rale annuelle des membres (AGMM) qui se tiendra ? Dakar le 10 mai 2018.
>> 
>> Les membres qui ne pourront pas assister et / ou voter physiquement ? l'AGMM sont inform?s qu'il y a une option pour le vote ?lectronique, qui commencera le 27 avril 2018 jusqu'au 10 mai 2018 et sera effectu?e via le portail MyAFRINIC - https: / /my.afrinic.net.
>> 
>> Les membres peuvent ?galement choisir de nommer un mandataire pour assister ? l'AGMM et participer au nom du membre, y compris le vote ? l'?lection du conseil d?administration et toutes les autres questions ? l'AGMM.
>> 
>> Plus d'informations sont disponibles sur: https://afrinic.net/en/community/elections/bod-election/process
>> 
>> Pour toute question ou clarification, veuillez contacter le comit? de nomination par courriel ? nomcom2018 @ afrinic. net
>> 
>> 
>> (Comit? des nominations 2018)
>> _______________________________________________
>> Announce mailing list
>> Announce at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/announce
>> 
>> 
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
> 
> 
> 
> 
> 
> Kris Seeburn
> seeburn.k at gmail.com
> www.linkedin.com/in/kseeburn/
> 
> "Life is a Beach, it all depends at how you look at it"
> 
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
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From arsenebaguma at gmail.com  Fri Apr 13 14:48:33 2018
From: arsenebaguma at gmail.com (=?UTF-8?Q?Ars=C3=A8ne_Tungali?=)
Date: Fri, 13 Apr 2018 16:48:33 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
Message-ID: <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>

Reading this thread, I am still awaiting an official statement from the
Board telling us that AFRINIC is safe and at this stage is in compliance
with GDPR when it gets into enforcement next month. Or maybe did i miss
that one?

I am not a EU citizen nor do I live in any EU country but i do care very
much about privacy issues in terms of the way WHOIS handles personal data.

------------------------
**Ars?ne Tungali* <http://about.me/ArseneTungali>*
Co-Founder & Executive Director, *Rudi international
<http://www.rudiinternational.org>*,
CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa Forum
<http://www.mabingwa-forum.com>*
Tel: +243 993810967
GPG: 523644A0
*Goma, Democratic Republic of Congo*

2015 Mandela Washington Felllow
<http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
(YALI) - ISOC Ambassador (IGF Brazil
<http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors>
& Mexico
<http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors>)
- AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> - Blogger
<http://tungali.blogspot.com> - ICANN's GNSO Council
<https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC Fellow (
Mauritius
<http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners>)*
- *IGFSA Member <http://www.igfsa.org/> - Internet Governance - Internet
Freedom.

Check the *2016 State of Internet Freedom in DRC* report (English
<http://cipesa.org/?wpfb_dl=234>) and (French
<http://cipesa.org/?wpfb_dl=242>)

2018-04-12 11:55 GMT+02:00 Ashok <ashok at afrinic.net>:

> Dear All,
> Mauritius has signed the the European Convention for Protection of
> Individuals with regard to Automatic Processing of Personal Data (commonly
> known as Convention 108), to which  it acceded to on 17 June 2016 at
> Strasbourg, France.
> On a side note, Convention 108 is the first and only international legally
> binding instrument dealing explicitly with data protection and currently
> has 51 signatories including 47 Council of Europe Member States as well as
> Uruguay until Mauritius became the 49th State Party and the first African
> country. The treaty entered into force on 1 October 2016 in Mauritius. [
> Extract from Data Protection Office Document].
> This is how GDPR applies to Mauritius and since then The Data Protection
> Act 2017 has incorporated same in our local law.
> Ashok.,
>
>
> On 11/04/2018 20:47, S Moonesamy wrote:
>
>> Hi Owen,
>> At 09:05 AM 11-04-2018, Owen DeLong wrote:
>>
>>> Since AfriNIC isn't actually present in either location, it's up to the
>>> government of Mauritius whether it would do any of the following:
>>> 1.Allow suit based on GDPR violation to be brought in an MU court.
>>> 2.Extradite AfriNIC for suit in a court of competent jurisdiction in one
>>> of those countries.
>>>
>>
>> I doubt that (1) is how the data protection law works in Mauritius.
>>
>> However, given the new information from Kirs that MU signed a safe harbor
>>> treaty with EU subjecting MU to EU ICO->GDPR, then yes, everyone and all
>>> organizations in MU are subject to GDPR by virtue of the treaty requiring
>>> MU to do one of the two things above in such a case.
>>>
>>
>> I gather that you are referring to the safe harbor framework [1] between
>> the United States and the European Union.  I doubt that legal entities in
>> Mauritius are subject to the GDPR per se [2] as they are not in the
>> European Union.  Which treaty are you referring to?
>>
>> Regards,
>> S. Moonesamy
>>
>> 1. https://www.ftc.gov/tips-advice/business-center/privacy-and-
>> security/u.s.-eu-safe-harbor-framework
>> 2. There may be exceptions to this.
>>
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
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From badru.ntege at nftconsult.com  Fri Apr 13 16:26:26 2018
From: badru.ntege at nftconsult.com (Badru Ntege)
Date: Fri, 13 Apr 2018 19:26:26 +0300
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
Message-ID: <2B266060-ABDA-4F40-B246-7D0BC3B397B3@nftconsult.com>

Ashok 

Thanks for this clarification


?On 4/12/18, 12:59 PM, "Ashok" <ashok at afrinic.net> wrote:

    Dear All,
    Mauritius has signed the the European Convention for Protection of 
    Individuals with regard to Automatic Processing of Personal Data 
    (commonly known as Convention 108), to which  it acceded to on 17 June 
    2016 at Strasbourg, France.
    On a side note, Convention 108 is the first and only international 
    legally binding instrument dealing explicitly with data protection and 
    currently has 51 signatories including 47 Council of Europe Member 
    States as well as Uruguay until Mauritius became the 49th State Party 
    and the first African country. The treaty entered into force on 1 
    October 2016 in Mauritius. [ Extract from Data Protection Office Document].
    This is how GDPR applies to Mauritius and since then The Data Protection 
    Act 2017 has incorporated same in our local law.
    Ashok.,
    
    On 11/04/2018 20:47, S Moonesamy wrote:
    > Hi Owen,
    > At 09:05 AM 11-04-2018, Owen DeLong wrote:
    >> Since AfriNIC isn't actually present in either location, it's up to 
    >> the government of Mauritius whether it would do any of the following:
    >> 1.Allow suit based on GDPR violation to be brought in an MU court.
    >> 2.Extradite AfriNIC for suit in a court of competent jurisdiction in 
    >> one of those countries.
    >
    > I doubt that (1) is how the data protection law works in Mauritius.
    >
    >> However, given the new information from Kirs that MU signed a safe 
    >> harbor treaty with EU subjecting MU to EU ICO->GDPR, then yes, 
    >> everyone and all organizations in MU are subject to GDPR by virtue of 
    >> the treaty requiring MU to do one of the two things above in such a 
    >> case.
    >
    > I gather that you are referring to the safe harbor framework [1] 
    > between the United States and the European Union.  I doubt that legal 
    > entities in Mauritius are subject to the GDPR per se [2] as they are 
    > not in the European Union.  Which treaty are you referring to?
    >
    > Regards,
    > S. Moonesamy
    >
    > 1. 
    > https://www.ftc.gov/tips-advice/business-center/privacy-and-security/u.s.-eu-safe-harbor-framework
    > 2. There may be exceptions to this.
    >
    > _______________________________________________
    > Community-Discuss mailing list
    > Community-Discuss at afrinic.net
    > https://lists.afrinic.net/mailman/listinfo/community-discuss
    
    
    _______________________________________________
    Community-Discuss mailing list
    Community-Discuss at afrinic.net
    https://lists.afrinic.net/mailman/listinfo/community-discuss
    





From sm+afrinic at elandsys.com  Fri Apr 13 22:16:15 2018
From: sm+afrinic at elandsys.com (S Moonesamy)
Date: Fri, 13 Apr 2018 15:16:15 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.g
 mail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
Message-ID: <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>

Hi Arsene,
At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>Reading this thread, I am still awaiting an official statement from 
>the Board telling us that AFRINIC is safe and at this stage is in 
>compliance with GDPR when it gets into enforcement next month. Or 
>maybe did i miss that one?

There was a message at 
https://lists.afrinic.net/pipermail/community-discuss/2018-April/002093.html

>I am not a EU citizen nor do I live in any EU country but i do care 
>very much about privacy issues in terms of the way WHOIS handles personal data.

I suggest sending an email to contact at afrinic.net if you have 
questions about the above as I would not know how that works for you 
given that we do not reside in the same country.

Regards,
S. Moonesamy 




From silber.mike at gmail.com  Sat Apr 14 05:45:56 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Sat, 14 Apr 2018 05:45:56 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
Message-ID: <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>

I am not sure that AfriNIC can provide any definitive opinion. Only a DPA
can do that.

My expectation is that the org confirms that is has performed a thorough
evaluation and believe any risks have been mitigated.

On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com> wrote:

> Hi Arsene,
> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
> >Reading this thread, I am still awaiting an official statement from
> >the Board telling us that AFRINIC is safe and at this stage is in
> >compliance with GDPR when it gets into enforcement next month. Or
> >maybe did i miss that one?
>
> There was a message at
>
> https://lists.afrinic.net/pipermail/community-discuss/2018-April/002093.html
>
> >I am not a EU citizen nor do I live in any EU country but i do care
> >very much about privacy issues in terms of the way WHOIS handles personal
> data.
>
> I suggest sending an email to contact at afrinic.net if you have
> questions about the above as I would not know how that works for you
> given that we do not reside in the same country.
>
> Regards,
> S. Moonesamy
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
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From arsenebaguma at gmail.com  Sat Apr 14 10:18:22 2018
From: arsenebaguma at gmail.com (=?utf-8?Q?Ars=C3=A8ne_Tungali?=)
Date: Sat, 14 Apr 2018 12:18:22 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
Message-ID: <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>

> 
> On Apr 14, 2018, at 7:45 AM, Mike Silber <silber.mike at gmail.com> wrote:
> 
> My expectation is that the org confirms that is has performed a thorough evaluation and believe any risks have been mitigated.
Exactly! 

If fines are to be imposed on AFRINIC (past May 25th) simply because there was less care taken upfront in dealing with this issue, then it will be a total mess. 

AFRINIC members need to look closely at this since they might be the ones paying!
> 
>> On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com> wrote:
>> Hi Arsene,
>> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>> >Reading this thread, I am still awaiting an official statement from 
>> >the Board telling us that AFRINIC is safe and at this stage is in 
>> >compliance with GDPR when it gets into enforcement next month. Or 
>> >maybe did i miss that one?
>> 
>> There was a message at 
>> https://lists.afrinic.net/pipermail/community-discuss/2018-April/002093.html
>> 
>> >I am not a EU citizen nor do I live in any EU country but i do care 
>> >very much about privacy issues in terms of the way WHOIS handles personal data.
>> 
>> I suggest sending an email to contact at afrinic.net if you have 
>> questions about the above as I would not know how that works for you 
>> given that we do not reside in the same country.
>> 
>> Regards,
>> S. Moonesamy 
>> 
>> 
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
-------------- next part --------------
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From arsenebaguma at gmail.com  Sat Apr 14 10:12:59 2018
From: arsenebaguma at gmail.com (=?utf-8?Q?Ars=C3=A8ne_Tungali?=)
Date: Sat, 14 Apr 2018 12:12:59 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
Message-ID: <88F773C4-30A5-4B3C-9CC5-6EF9CDA70560@gmail.com>

Thank you very much SM for pointing me to that communication from the interim Chairman of Afrinic.

To be honest, i have never requested any IP resources so i am limited in my knowledge of what type of personal information is requested when someone is requesting resources from Afrinic. I would therefore appreciate to be directed to the RIPE NCC report mentionned in that communication.

Just a general question as i am following discussions on the GDPR but mostly from the naming community perspectives (being a domain name registrant): what impact does the Interim Models (with regards to the whois system and personal data and icann?s compliance with GDPR) suggested by ICANN has on the numbering community? I haven?t see any discussion on those models here since, from my understanding, Afrinic is just another data controller?

-----------------
Ars?ne Tungali,
about.me/ArseneTungali
+243 993810967
GPG: 523644A0
Goma, Democratic Republic of Congo

Sent from my iPhone (excuse typos)

> On Apr 14, 2018, at 12:16 AM, S Moonesamy <sm+afrinic at elandsys.com> wrote:
> 
> Hi Arsene,
> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>> Reading this thread, I am still awaiting an official statement from the Board telling us that AFRINIC is safe and at this stage is in compliance with GDPR when it gets into enforcement next month. Or maybe did i miss that one?
> 
> There was a message at https://lists.afrinic.net/pipermail/community-discuss/2018-April/002093.html
> 
>> I am not a EU citizen nor do I live in any EU country but i do care very much about privacy issues in terms of the way WHOIS handles personal data.
> 
> I suggest sending an email to contact at afrinic.net if you have questions about the above as I would not know how that works for you given that we do not reside in the same country.
> 
> Regards,
> S. Moonesamy 



From arsenebaguma at gmail.com  Sat Apr 14 10:12:59 2018
From: arsenebaguma at gmail.com (=?utf-8?Q?Ars=C3=A8ne_Tungali?=)
Date: Sat, 14 Apr 2018 12:12:59 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
Message-ID: <88F773C4-30A5-4B3C-9CC5-6EF9CDA70560@gmail.com>

Thank you very much SM for pointing me to that communication from the interim Chairman of Afrinic.

To be honest, i have never requested any IP resources so i am limited in my knowledge of what type of personal information is requested when someone is requesting resources from Afrinic. I would therefore appreciate to be directed to the RIPE NCC report mentionned in that communication.

Just a general question as i am following discussions on the GDPR but mostly from the naming community perspectives (being a domain name registrant): what impact does the Interim Models (with regards to the whois system and personal data and icann?s compliance with GDPR) suggested by ICANN has on the numbering community? I haven?t see any discussion on those models here since, from my understanding, Afrinic is just another data controller?

-----------------
Ars?ne Tungali,
about.me/ArseneTungali
+243 993810967
GPG: 523644A0
Goma, Democratic Republic of Congo

Sent from my iPhone (excuse typos)

> On Apr 14, 2018, at 12:16 AM, S Moonesamy <sm+afrinic at elandsys.com> wrote:
> 
> Hi Arsene,
> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>> Reading this thread, I am still awaiting an official statement from the Board telling us that AFRINIC is safe and at this stage is in compliance with GDPR when it gets into enforcement next month. Or maybe did i miss that one?
> 
> There was a message at https://lists.afrinic.net/pipermail/community-discuss/2018-April/002093.html
> 
>> I am not a EU citizen nor do I live in any EU country but i do care very much about privacy issues in terms of the way WHOIS handles personal data.
> 
> I suggest sending an email to contact at afrinic.net if you have questions about the above as I would not know how that works for you given that we do not reside in the same country.
> 
> Regards,
> S. Moonesamy 



From arsenebaguma at gmail.com  Sat Apr 14 10:18:22 2018
From: arsenebaguma at gmail.com (=?utf-8?Q?Ars=C3=A8ne_Tungali?=)
Date: Sat, 14 Apr 2018 12:18:22 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
Message-ID: <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>

> 
> On Apr 14, 2018, at 7:45 AM, Mike Silber <silber.mike at gmail.com> wrote:
> 
> My expectation is that the org confirms that is has performed a thorough evaluation and believe any risks have been mitigated.
Exactly! 

If fines are to be imposed on AFRINIC (past May 25th) simply because there was less care taken upfront in dealing with this issue, then it will be a total mess. 

AFRINIC members need to look closely at this since they might be the ones paying!
> 
>> On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com> wrote:
>> Hi Arsene,
>> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>> >Reading this thread, I am still awaiting an official statement from 
>> >the Board telling us that AFRINIC is safe and at this stage is in 
>> >compliance with GDPR when it gets into enforcement next month. Or 
>> >maybe did i miss that one?
>> 
>> There was a message at 
>> https://lists.afrinic.net/pipermail/community-discuss/2018-April/002093.html
>> 
>> >I am not a EU citizen nor do I live in any EU country but i do care 
>> >very much about privacy issues in terms of the way WHOIS handles personal data.
>> 
>> I suggest sending an email to contact at afrinic.net if you have 
>> questions about the above as I would not know how that works for you 
>> given that we do not reside in the same country.
>> 
>> Regards,
>> S. Moonesamy 
>> 
>> 
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
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From sm+afrinic at elandsys.com  Sat Apr 14 10:31:25 2018
From: sm+afrinic at elandsys.com (S Moonesamy)
Date: Sat, 14 Apr 2018 03:31:25 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.g
 mail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
Message-ID: <6.2.5.6.2.20180414022049.0a878948@elandnews.com>

Hi Mike,
At 10:45 PM 13-04-2018, Mike Silber wrote:
>I am not sure that AfriNIC can provide any definitive opinion. Only 
>a DPA can do that.
>
>My expectation is that the org confirms that is has performed a 
>thorough evaluation and believe any risks have been mitigated.

Please see Section 4(d) of the Registration Service Agreement.  That 
sentence was also in the previous version of the Registration Service 
Agreement.  The above expectation is what is usually done in a legal 
entity for it to be in compliance with existing regulations.  In my 
opinion, that is part of the day to day business of a company.

Regards,
S. Moonesamy




From sm+afrinic at elandsys.com  Sat Apr 14 12:16:40 2018
From: sm+afrinic at elandsys.com (S Moonesamy)
Date: Sat, 14 Apr 2018 05:16:40 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <88F773C4-30A5-4B3C-9CC5-6EF9CDA70560@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <88F773C4-30A5-4B3C-9CC5-6EF9CDA70560@gmail.com>
Message-ID: <6.2.5.6.2.20180414033417.0a1c9d68@elandnews.com>

Hi Arsene,
At 03:12 AM 14-04-2018, Arsene Tungali wrote:
>To be honest, i have never requested any IP resources so i am 
>limited in my knowledge of what type of personal information is 
>requested when someone is requesting resources from Afrinic. I would 
>therefore appreciate to be directed to the RIPE NCC report 
>mentionned in that communication.

There is a document about the RIPE NCC implementation at 
https://labs.ripe.net/Members/Athina/how-we-re-implementing-the-gdpr

>Just a general question as i am following discussions on the GDPR 
>but mostly from the naming community perspectives (being a domain 
>name registrant): what impact does the Interim Models (with regards 
>to the whois system and personal data and icann's compliance with 
>GDPR) suggested by ICANN has on the numbering community? I haven't 
>see any discussion on those models here since, from my 
>understanding, Afrinic is just another data controller?

To keep our email exchange easy, I'll keep the Interim Models 
proposed by ICANN separate from the what the RIR in Africa has to do 
to comply with the data protection law.  Afrinic Ltd was registered 
as a controller under the Data Protection Act 2004 (Mauritius) [1] 
since several years.  The data protection framework to which it is 
subject has been aligned with the data protection framework for 
countries in the European Union since 2016.  There are some 
advantages to that, e.g. the company can "borrow" some ideas from 
RIPE NCC instead of starting from scratch.

The difference between domain names and number resources is that 
number resources are usually registered to legal entities.  Here is an example:

   netnum:         196.216.2.0 - 196.216.3.255
   netname:        AFRINIC
   descr:          AfriNIC - Internal Use
   country:        ZA
   org:            ORG-AFNC1-AFRINIC

Regards,
S. Moonesamy

1. The current data protection framework is the Data Protection Act 2017.




From ish at lsl.digital  Sun Apr 15 07:12:43 2018
From: ish at lsl.digital (Ish Sookun)
Date: Sun, 15 Apr 2018 11:12:43 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
Message-ID: <079ff8aa-0c2f-9c29-18de-a871f6da5eb1@lsl.digital>

Hi Mike,

On 11/04/18 17:34, Mike Silber wrote:
> In addition, I am not sure I concur with Mr Alston?s insistence that
> ?holding data of EU citizens? automatically places AfriNIC into the
> category of data controller in terms of GDPR or imposes any requirements
> on AfriNIC, particularly as the GDPR applies to?processing of personal
> data in the context of the activities of an establishment of a
> controller or a processor in the Union.

Keeping GDPR aside for a while; AfriNIC is incorporated in Mauritius and
abides by Mauritian laws. Thus, it should comply with the "data
controller" definition of the Data Protection Act 2017 of Mauritius.

Now, in the context of GDPR, if AfriNIC is providing a service, whether
paid or free, to EU residents, and in doing so it is collecting,
processing and/or storing personal information about EU residents; it
has to comply with GDPR.

Regards,

Ish Sookun



From ish at lsl.digital  Sun Apr 15 07:17:04 2018
From: ish at lsl.digital (Ish Sookun)
Date: Sun, 15 Apr 2018 11:17:04 +0400
Subject: [Community-Discuss] Perturbation d'Internet au Tchad
In-Reply-To: <CAJszmiBsjhA_9tn6CmtDa31KohdS-EBx4PEZxyOnH=2cmXnJag@mail.gmail.com>
References: <CAJszmiBsjhA_9tn6CmtDa31KohdS-EBx4PEZxyOnH=2cmXnJag@mail.gmail.com>
Message-ID: <862bf432-ee09-abd8-86d7-ba71198c1acb@lsl.digital>

Hello Tidjani,

Est-ce que la censure des r?seaux sociaux persiste toujours au chad?

Cordialement,

Ish Sookun

On 11/04/18 17:39, TIDJANI Mahamat Adoum wrote:
> Merci de trouver ci-dessous les liens vers les d?clarations de l?ISOC
> sur les perturbations des reseaux sociaux et internet au Tchad. Merci
> d'en faire large diffusion.
> 
> English:?https://www.internetsociety.org/blog/2018/04/internet-shutdowns-cannot-solution-political-challenges-chad/
> <https://www.internetsociety.org/blog/2018/04/internet-shutdowns-cannot-solution-political-challenges-chad/>
> 
> French:?https://www.internetsociety.org/fr/blog/2018/04/les-coupures-dacces-internet-ne-sont-pas-une-solution-aux-defis-politiques-du-tchad/
> <https://www.internetsociety.org/fr/blog/2018/04/les-coupures-dacces-internet-ne-sont-pas-une-solution-aux-defis-politiques-du-tchad/>
> 
> 
> Tidjani MAHAMAT ADOUM
> Ing?nieur R?seaux T?l?coms
> Cellule Fibre Optique (SOTEL-TCHAD)
> Consultant en Gouvernance d'Internet
> Coordinateur Afrique Centrale pour ACSIS
> Ligne Direct: (00235) 66273348 ou 77306979
> Ligne secourt: (00235) 62306979 ou 92306979
> E-mail.P: tidjani
> <mailto:tidjanicapi at hotmail.fr>-m.adoum at acsis-scasi.org
> <mailto:m.adoum at acsis-scasi.org>
> 
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
> 



From ish at lsl.digital  Sun Apr 15 07:24:32 2018
From: ish at lsl.digital (Ish Sookun)
Date: Sun, 15 Apr 2018 11:24:32 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
 <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
Message-ID: <86dcddcc-4174-24de-c346-7254b6dcd945@lsl.digital>

Hi Mike,

On 11/04/18 17:54, Mike Silber wrote:
> However I am still not certain that holding any of that information
> actually makes AfriNIC a controller in terms of the GDPR.

Article 4, paragraph 7 of the General Data Protection Regulations
defines the data controller as follows:

    ?controller? means the natural or legal person, public authority,
    agency or other body which, alone or jointly with others, determines
    the purposes and means of the processing of personal data; [...]

In my opinion, AfriNIC positions itself as a data controller by
collecting and processing personal data for a purpose (or several
purposes).

Regards,

Ish Sookun



From ish at lsl.digital  Sun Apr 15 07:29:28 2018
From: ish at lsl.digital (Ish Sookun)
Date: Sun, 15 Apr 2018 11:29:28 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <B56FF836-D6A5-48A4-A157-C8EF9D262780@gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <818F7C2F-6ECE-4BF4-952D-AB94B1B9BA2E@liquidtelecom.com>
 <B824ADD6-1006-4990-8732-DFA02C12D4DD@gmail.com>
 <E2E04A2E-CE90-4137-9068-85108DD84590@afrinic.net>
 <B56FF836-D6A5-48A4-A157-C8EF9D262780@gmail.com>
Message-ID: <be9c91be-7d36-9e9c-9a3c-e6d5d7f6bc19@lsl.digital>

Hi Mike,

On 11/04/18 18:19, Mike Silber wrote:
> The Mauritius DPA is actually aligned with the old EU Data Privacy Directive and not the GDPR.

Unfortunately, no.

The Data Protection Act of Mauritius was amended in December 2017 in the
likes of GDPR; and it's already into force.

Regards,

Ish Sookun



From wafa at ati.tn  Sun Apr 15 07:37:03 2018
From: wafa at ati.tn (wafa DAHMANI)
Date: Sun, 15 Apr 2018 08:37:03 +0100 (CET)
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <1995485041.7811.1523777814854.JavaMail.zimbra@ati.tn>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
 <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>
Message-ID: <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>

Dear all, 

I think there are some misunderstandings of the issue 
By the way under which laws there will be fines imposed on AFRINIC after the 25th ???? does AFRINIC have subsidiary company in EU area ?? 
I think things are more simplier for AFRINIC 
AFRINIC has just to declare that as company is fully respecting data privacy and should appoint a senior responsible for assuring that all mecanisms implemebted treating personal 
data comply with data privacy issues for example AFRINIC should ISO27001 certified and had a Security Officer (which is mandatory to be ISO27001 certified). 


Best 
Wafa 





De: "Ars?ne Tungali" <arsenebaguma at gmail.com> 
?: "Mike Silber" <silber.mike at gmail.com> 
Cc: "S Moonesamy" <sm+afrinic at elandsys.com>, community-discuss at afrinic.net 
Envoy?: Samedi 14 Avril 2018 11:18:22 
Objet: Re: [Community-Discuss] AFRINIC and the GDPR 


On Apr 14, 2018, at 7:45 AM, Mike Silber < silber.mike at gmail.com > wrote: 




My expectation is that the org confirms that is has performed a thorough evaluation and believe any risks have been mitigated. 


Exactly! 

If fines are to be imposed on AFRINIC (past May 25th) simply because there was less care taken upfront in dealing with this issue, then it will be a total mess. 

AFRINIC members need to look closely at this since they might be the ones paying! 

BQ_BEGIN


On Sat, 14 Apr 2018 at 00:18, S Moonesamy < sm+afrinic at elandsys.com > wrote: 

BQ_BEGIN
Hi Arsene, 
At 07:48 AM 13-04-2018, Arsene Tungali wrote: 
>Reading this thread, I am still awaiting an official statement from 
>the Board telling us that AFRINIC is safe and at this stage is in 
>compliance with GDPR when it gets into enforcement next month. Or 
>maybe did i miss that one? 

There was a message at 
https://lists.afrinic.net/pipermail/community-discuss/2018-April/002093.html 

>I am not a EU citizen nor do I live in any EU country but i do care 
>very much about privacy issues in terms of the way WHOIS handles personal data. 

I suggest sending an email to contact at afrinic.net if you have 
questions about the above as I would not know how that works for you 
given that we do not reside in the same country. 

Regards, 
S. Moonesamy 


_______________________________________________ 
Community-Discuss mailing list 
Community-Discuss at afrinic.net 
https://lists.afrinic.net/mailman/listinfo/community-discuss 

BQ_END


BQ_END


_______________________________________________ 
Community-Discuss mailing list 
Community-Discuss at afrinic.net 
https://lists.afrinic.net/mailman/listinfo/community-discuss 
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From ish at lsl.digital  Sun Apr 15 07:51:31 2018
From: ish at lsl.digital (Ish Sookun)
Date: Sun, 15 Apr 2018 11:51:31 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <7a5fbd30-230f-ce29-5a69-9cb32d3e2ed5@tznic.or.tz>
 <D1A5FBF5-9C90-4301-95D3-0B540E5CE24E@gmail.com>
 <BCE7038B-62A2-448C-A602-B954A6A7913E@liquidtelecom.com>
 <334A7F3C-4D86-4AE0-9223-6F5D245515F4@delong.com>
 <HE1PR0301MB257067A617326B288C297F7DEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
Message-ID: <fdc5b469-3258-24b7-67c8-d94d409825a3@lsl.digital>

Dear Ashok,

On 12/04/18 13:55, Ashok wrote:
> 
> On a side note, Convention 108 is the first and only international
> legally binding instrument dealing explicitly with data protection and
> currently has 51 signatories including 47 Council of Europe Member
> States as well as Uruguay until Mauritius became the 49th State Party
> and the first African country. The treaty entered into force on 1
> October 2016 in Mauritius. [ Extract from Data Protection Office Document].
> 

Thank you for this information.

I could not find any proper reference on the DPO website; except vague
mentions in presentation slides[1]. Besides the DPO published annual
reports of 2009 till 2013 only. I could not find the annual report of
2016 to find more information therein.

(I contacted DPO for the report.)

Regards,

Ish Sookun

[1]
http://dataprotection.govmu.org/English/Publications/Documents/Presentation/Data%20Protection%20Challenges%20-%20The%20New%20EU%20GDPR.pdf



From wafa at ati.tn  Sun Apr 15 08:05:08 2018
From: wafa at ati.tn (wafa DAHMANI)
Date: Sun, 15 Apr 2018 09:05:08 +0100 (CET)
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <1166154124.7943.1523779455327.JavaMail.zimbra@ati.tn>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
 <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>
 <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>
Message-ID: <1664161863.7950.1523779508021.JavaMail.zimbra@ati.tn>


just to correct not a security officer but a chief information security officer 


Best 

Wafa 

De: "wafa DAHMANI" <wafa at ati.tn> 
?: "Ars?ne Tungali" <arsenebaguma at gmail.com> 
Cc: "S Moonesamy" <sm+afrinic at elandsys.com>, community-discuss at afrinic.net 
Envoy?: Dimanche 15 Avril 2018 08:37:03 
Objet: Re: [Community-Discuss] AFRINIC and the GDPR 

Dear all, 

I think there are some misunderstandings of the issue 
By the way under which laws there will be fines imposed on AFRINIC after the 25th ???? does AFRINIC have subsidiary company in EU area ?? 
I think things are more simplier for AFRINIC 
AFRINIC has just to declare that as company is fully respecting data privacy and should appoint a senior responsible for assuring that all mecanisms implemebted treating personal 
data comply with data privacy issues for example AFRINIC should ISO27001 certified and had a Security Officer (which is mandatory to be ISO27001 certified). 


Best 
Wafa 





De: "Ars?ne Tungali" <arsenebaguma at gmail.com> 
?: "Mike Silber" <silber.mike at gmail.com> 
Cc: "S Moonesamy" <sm+afrinic at elandsys.com>, community-discuss at afrinic.net 
Envoy?: Samedi 14 Avril 2018 11:18:22 
Objet: Re: [Community-Discuss] AFRINIC and the GDPR 


On Apr 14, 2018, at 7:45 AM, Mike Silber < silber.mike at gmail.com > wrote: 




My expectation is that the org confirms that is has performed a thorough evaluation and believe any risks have been mitigated. 


Exactly! 

If fines are to be imposed on AFRINIC (past May 25th) simply because there was less care taken upfront in dealing with this issue, then it will be a total mess. 

AFRINIC members need to look closely at this since they might be the ones paying! 

BQ_BEGIN


On Sat, 14 Apr 2018 at 00:18, S Moonesamy < sm+afrinic at elandsys.com > wrote: 

BQ_BEGIN
Hi Arsene, 
At 07:48 AM 13-04-2018, Arsene Tungali wrote: 
>Reading this thread, I am still awaiting an official statement from 
>the Board telling us that AFRINIC is safe and at this stage is in 
>compliance with GDPR when it gets into enforcement next month. Or 
>maybe did i miss that one? 

There was a message at 
https://lists.afrinic.net/pipermail/community-discuss/2018-April/002093.html 

>I am not a EU citizen nor do I live in any EU country but i do care 
>very much about privacy issues in terms of the way WHOIS handles personal data. 

I suggest sending an email to contact at afrinic.net if you have 
questions about the above as I would not know how that works for you 
given that we do not reside in the same country. 

Regards, 
S. Moonesamy 


_______________________________________________ 
Community-Discuss mailing list 
Community-Discuss at afrinic.net 
https://lists.afrinic.net/mailman/listinfo/community-discuss 

BQ_END


BQ_END


_______________________________________________ 
Community-Discuss mailing list 
Community-Discuss at afrinic.net 
https://lists.afrinic.net/mailman/listinfo/community-discuss 

_______________________________________________ 
Community-Discuss mailing list 
Community-Discuss at afrinic.net 
https://lists.afrinic.net/mailman/listinfo/community-discuss 
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From sm+afrinic at elandsys.com  Sun Apr 15 08:26:37 2018
From: sm+afrinic at elandsys.com (S Moonesamy)
Date: Sun, 15 Apr 2018 01:26:37 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
 <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>
 <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>
Message-ID: <6.2.5.6.2.20180415005354.1006fa68@elandnews.com>

Hi Wafa,
At 12:37 AM 15-04-2018, wafa DAHMANI wrote:
>  does AFRINIC have subsidiary company in EU area ??

As far as I am aware [1] Afrinic Ltd does not have any subsidiary 
company in a country in the European Union.

Regards,
S. Moonesamy

1. https://www.afrinic.net/images/stories/Library/corp/annual-report-2016.pdf 




From wafa at ati.tn  Sun Apr 15 08:51:56 2018
From: wafa at ati.tn (wafa DAHMANI)
Date: Sun, 15 Apr 2018 09:51:56 +0100 (CET)
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <346451214.8233.1523782265081.JavaMail.zimbra@ati.tn>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
 <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>
 <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>
 <6.2.5.6.2.20180415005354.1006fa68@elandnews.com>
Message-ID: <1716932653.8234.1523782316454.JavaMail.zimbra@ati.tn>

Hi S.Moonesamy ,

I know :) it was just to make things clearer 

Best

Wafa

----- Mail original -----
De: "S Moonesamy" <sm+afrinic at elandsys.com>
?: "wafa DAHMANI" <wafa at ati.tn>, community-discuss at afrinic.net
Cc: "Arsene Tungali" <arsenebaguma at gmail.com>
Envoy?: Dimanche 15 Avril 2018 09:26:37
Objet: Re: [Community-Discuss] AFRINIC and the GDPR

Hi Wafa,
At 12:37 AM 15-04-2018, wafa DAHMANI wrote:
>  does AFRINIC have subsidiary company in EU area ??

As far as I am aware [1] Afrinic Ltd does not have any subsidiary 
company in a country in the European Union.

Regards,
S. Moonesamy

1. https://www.afrinic.net/images/stories/Library/corp/annual-report-2016.pdf



From arsenebaguma at gmail.com  Mon Apr 16 08:39:35 2018
From: arsenebaguma at gmail.com (=?UTF-8?Q?Ars=C3=A8ne_Tungali?=)
Date: Mon, 16 Apr 2018 10:39:35 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
 <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>
 <1995485041.7811.1523777814854.JavaMail.zimbra@ati.tn>
 <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>
Message-ID: <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg@mail.gmail.com>

Hi,

My apologies if i am too alarmant on this or if i am misunderstanding this
issue.

Please consider my message on this as a request from a community member to
be assured that we are okay and have nothing to worry about.
>From your message, Wafa, i hope i can be at peace with regards to Afrinic
and the GDPR because it is that simple from your perspective.

Regards,
Arsene

------------------------
**Ars?ne Tungali* <http://about.me/ArseneTungali>*
Co-Founder & Executive Director, *Rudi international
<http://www.rudiinternational.org>*,
CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa Forum
<http://www.mabingwa-forum.com>*
Tel: +243 993810967
GPG: 523644A0
*Goma, Democratic Republic of Congo*

2015 Mandela Washington Felllow
<http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
(YALI) - ISOC Ambassador (IGF Brazil
<http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors>
& Mexico
<http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors>)
- AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> - Blogger
<http://tungali.blogspot.com> - ICANN's GNSO Council
<https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC Fellow (
Mauritius
<http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners>)*
- *IGFSA Member <http://www.igfsa.org/> - Internet Governance - Internet
Freedom.

Check the *2016 State of Internet Freedom in DRC* report (English
<http://cipesa.org/?wpfb_dl=234>) and (French
<http://cipesa.org/?wpfb_dl=242>)

2018-04-15 9:37 GMT+02:00 wafa DAHMANI <wafa at ati.tn>:

> Dear all,
>
> I think there are some misunderstandings of the issue
> By the way under which laws there will be fines imposed on AFRINIC after
> the 25th ???? does AFRINIC have subsidiary company in EU area ??
> I think things are more simplier for AFRINIC
> AFRINIC has just to declare that as company is fully respecting  data
> privacy and should appoint a senior responsible for assuring that all
> mecanisms implemebted treating personal
> data comply with data privacy issues for example AFRINIC should  ISO27001
> certified and had a Security Officer (which is mandatory to be ISO27001
> certified).
>
>
> Best
> Wafa
>
>
>
>
> ------------------------------
> *De: *"Ars?ne Tungali" <arsenebaguma at gmail.com>
> *?: *"Mike Silber" <silber.mike at gmail.com>
> *Cc: *"S Moonesamy" <sm+afrinic at elandsys.com>,
> community-discuss at afrinic.net
> *Envoy?: *Samedi 14 Avril 2018 11:18:22
> *Objet: *Re: [Community-Discuss] AFRINIC and the GDPR
>
>
> On Apr 14, 2018, at 7:45 AM, Mike Silber <silber.mike at gmail.com> wrote:
>
>
> My expectation is that the org confirms that is has performed a thorough
> evaluation and believe any risks have been mitigated.
>
> Exactly!
>
> If fines are to be imposed on AFRINIC (past May 25th) simply because there
> was less care taken upfront in dealing with this issue, then it will be a
> total mess.
>
> AFRINIC members need to look closely at this since they might be the ones
> paying!
>
>
> On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com> wrote:
>
>> Hi Arsene,
>> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>> >Reading this thread, I am still awaiting an official statement from
>> >the Board telling us that AFRINIC is safe and at this stage is in
>> >compliance with GDPR when it gets into enforcement next month. Or
>> >maybe did i miss that one?
>>
>> There was a message at
>> https://lists.afrinic.net/pipermail/community-discuss/
>> 2018-April/002093.html
>>
>> >I am not a EU citizen nor do I live in any EU country but i do care
>> >very much about privacy issues in terms of the way WHOIS handles
>> personal data.
>>
>> I suggest sending an email to contact at afrinic.net if you have
>> questions about the above as I would not know how that works for you
>> given that we do not reside in the same country.
>>
>> Regards,
>> S. Moonesamy
>>
>>
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
-------------- next part --------------
An HTML attachment was scrubbed...
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From zeimm at auladin.com  Mon Apr 16 19:15:22 2018
From: zeimm at auladin.com (zeimm at auladin.com)
Date: Mon, 16 Apr 2018 23:15:22 +0400 (GST)
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <mailman.5.1523880002.22854.community-discuss@afrinic.net>
References: <mailman.5.1523880002.22854.community-discuss@afrinic.net>
Message-ID: <62138.197.225.88.173.1523906122.squirrel@67.228.73.20>

Hi Arsene,

The GDPR applies for data protection for all EU citizens.

If, for example an EU citizen is the  contact person for a range of IP
addresses provided by Afrinic, then Afrinic needs to ensure this data (
contact details of EU person) meet GDPR obligations, namely, that is has
taken measures to safeguard access to the data and that the data is kept
encrypted.

If it can prove those 2 processes, then it cannot be fined.

This is my understanding of the GDPR changes.


Best regards,
Zeimm.

> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 16 Apr 2018 10:39:35 +0200
> From: Ars?ne Tungali <arsenebaguma at gmail.com>
> To: wafa DAHMANI <wafa at ati.tn>
> Cc: S Moonesamy <sm+afrinic at elandsys.com>, General Discussions of
> 	AFRINIC <community-discuss at afrinic.net>
> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
> Message-ID:
> 	<CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Hi,
>
> My apologies if i am too alarmant on this or if i am misunderstanding this
> issue.
>
> Please consider my message on this as a request from a community member to
> be assured that we are okay and have nothing to worry about.
>>From your message, Wafa, i hope i can be at peace with regards to Afrinic
> and the GDPR because it is that simple from your perspective.
>
> Regards,
> Arsene
>
> ------------------------
> **Ars?ne Tungali* <http://about.me/ArseneTungali>*
> Co-Founder & Executive Director, *Rudi international
> <http://www.rudiinternational.org>*,
> CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa
> Forum
> <http://www.mabingwa-forum.com>*
> Tel: +243 993810967
> GPG: 523644A0
> *Goma, Democratic Republic of Congo*
>
> 2015 Mandela Washington Felllow
> <http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
> (YALI) - ISOC Ambassador (IGF Brazil
> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors>
> & Mexico
> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors>)
> - AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> - Blogger
> <http://tungali.blogspot.com> - ICANN's GNSO Council
> <https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC Fellow
> (
> Mauritius
> <http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners>)*
> - *IGFSA Member <http://www.igfsa.org/> - Internet Governance - Internet
> Freedom.
>
> Check the *2016 State of Internet Freedom in DRC* report (English
> <http://cipesa.org/?wpfb_dl=234>) and (French
> <http://cipesa.org/?wpfb_dl=242>)
>
> 2018-04-15 9:37 GMT+02:00 wafa DAHMANI <wafa at ati.tn>:
>
>> Dear all,
>>
>> I think there are some misunderstandings of the issue
>> By the way under which laws there will be fines imposed on AFRINIC after
>> the 25th ???? does AFRINIC have subsidiary company in EU area ??
>> I think things are more simplier for AFRINIC
>> AFRINIC has just to declare that as company is fully respecting  data
>> privacy and should appoint a senior responsible for assuring that all
>> mecanisms implemebted treating personal
>> data comply with data privacy issues for example AFRINIC should
>> ISO27001
>> certified and had a Security Officer (which is mandatory to be ISO27001
>> certified).
>>
>>
>> Best
>> Wafa
>>
>>
>>
>>
>> ------------------------------
>> *De: *"Ars?ne Tungali" <arsenebaguma at gmail.com>
>> *?: *"Mike Silber" <silber.mike at gmail.com>
>> *Cc: *"S Moonesamy" <sm+afrinic at elandsys.com>,
>> community-discuss at afrinic.net
>> *Envoy?: *Samedi 14 Avril 2018 11:18:22
>> *Objet: *Re: [Community-Discuss] AFRINIC and the GDPR
>>
>>
>> On Apr 14, 2018, at 7:45 AM, Mike Silber <silber.mike at gmail.com> wrote:
>>
>>
>> My expectation is that the org confirms that is has performed a thorough
>> evaluation and believe any risks have been mitigated.
>>
>> Exactly!
>>
>> If fines are to be imposed on AFRINIC (past May 25th) simply because
>> there
>> was less care taken upfront in dealing with this issue, then it will be
>> a
>> total mess.
>>
>> AFRINIC members need to look closely at this since they might be the
>> ones
>> paying!
>>
>>
>> On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com>
>> wrote:
>>
>>> Hi Arsene,
>>> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>>> >Reading this thread, I am still awaiting an official statement from
>>> >the Board telling us that AFRINIC is safe and at this stage is in
>>> >compliance with GDPR when it gets into enforcement next month. Or
>>> >maybe did i miss that one?
>>>
>>> There was a message at
>>> https://lists.afrinic.net/pipermail/community-discuss/
>>> 2018-April/002093.html
>>>
>>> >I am not a EU citizen nor do I live in any EU country but i do care
>>> >very much about privacy issues in terms of the way WHOIS handles
>>> personal data.
>>>
>>> I suggest sending an email to contact at afrinic.net if you have
>>> questions about the above as I would not know how that works for you
>>> given that we do not reside in the same country.
>>>
>>> Regards,
>>> S. Moonesamy
>>>
>>>
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>>
>>
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL:
> <https://lists.afrinic.net/pipermail/community-discuss/attachments/20180416/4c4cbece/attachment-0001.html>
>
> ------------------------------
>
> Subject: Digest Footer
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
> ------------------------------
>
> End of Community-Discuss Digest, Vol 301, Issue 1
> *************************************************
>





From jordi.palet at consulintel.es  Mon Apr 16 20:34:00 2018
From: jordi.palet at consulintel.es (Jordi Palet Martinez)
Date: Mon, 16 Apr 2018 22:34:00 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <62138.197.225.88.173.1523906122.squirrel@67.228.73.20>
References: <mailman.5.1523880002.22854.community-discuss@afrinic.net>
 <62138.197.225.88.173.1523906122.squirrel@67.228.73.20>
Message-ID: <56B0DC15-34A8-46E0-9B49-A9EC03F03E5B@consulintel.es>

Even simpler than that. The registration of emails of EU citizens in this exploder or in the next AfriNIC meeting.

Emails are personal data.


> El 16 abr 2018, a las 21:15, zeimm at auladin.com escribi?:
> 
> Hi Arsene,
> 
> The GDPR applies for data protection for all EU citizens.
> 
> If, for example an EU citizen is the  contact person for a range of IP
> addresses provided by Afrinic, then Afrinic needs to ensure this data (
> contact details of EU person) meet GDPR obligations, namely, that is has
> taken measures to safeguard access to the data and that the data is kept
> encrypted.
> 
> If it can prove those 2 processes, then it cannot be fined.
> 
> This is my understanding of the GDPR changes.
> 
> 
> Best regards,
> Zeimm.
> 
>> ----------------------------------------------------------------------
>> 
>> Message: 1
>> Date: Mon, 16 Apr 2018 10:39:35 +0200
>> From: Ars?ne Tungali <arsenebaguma at gmail.com>
>> To: wafa DAHMANI <wafa at ati.tn>
>> Cc: S Moonesamy <sm+afrinic at elandsys.com>, General Discussions of
>>    AFRINIC <community-discuss at afrinic.net>
>> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>> Message-ID:
>>    <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg at mail.gmail.com>
>> Content-Type: text/plain; charset="utf-8"
>> 
>> Hi,
>> 
>> My apologies if i am too alarmant on this or if i am misunderstanding this
>> issue.
>> 
>> Please consider my message on this as a request from a community member to
>> be assured that we are okay and have nothing to worry about.
>>> From your message, Wafa, i hope i can be at peace with regards to Afrinic
>> and the GDPR because it is that simple from your perspective.
>> 
>> Regards,
>> Arsene
>> 
>> ------------------------
>> **Ars?ne Tungali* <http://about.me/ArseneTungali>*
>> Co-Founder & Executive Director, *Rudi international
>> <http://www.rudiinternational.org>*,
>> CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa
>> Forum
>> <http://www.mabingwa-forum.com>*
>> Tel: +243 993810967
>> GPG: 523644A0
>> *Goma, Democratic Republic of Congo*
>> 
>> 2015 Mandela Washington Felllow
>> <http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
>> (YALI) - ISOC Ambassador (IGF Brazil
>> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors>
>> & Mexico
>> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors>)
>> - AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> - Blogger
>> <http://tungali.blogspot.com> - ICANN's GNSO Council
>> <https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC Fellow
>> (
>> Mauritius
>> <http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners>)*
>> - *IGFSA Member <http://www.igfsa.org/> - Internet Governance - Internet
>> Freedom.
>> 
>> Check the *2016 State of Internet Freedom in DRC* report (English
>> <http://cipesa.org/?wpfb_dl=234>) and (French
>> <http://cipesa.org/?wpfb_dl=242>)
>> 
>> 2018-04-15 9:37 GMT+02:00 wafa DAHMANI <wafa at ati.tn>:
>> 
>>> Dear all,
>>> 
>>> I think there are some misunderstandings of the issue
>>> By the way under which laws there will be fines imposed on AFRINIC after
>>> the 25th ???? does AFRINIC have subsidiary company in EU area ??
>>> I think things are more simplier for AFRINIC
>>> AFRINIC has just to declare that as company is fully respecting  data
>>> privacy and should appoint a senior responsible for assuring that all
>>> mecanisms implemebted treating personal
>>> data comply with data privacy issues for example AFRINIC should
>>> ISO27001
>>> certified and had a Security Officer (which is mandatory to be ISO27001
>>> certified).
>>> 
>>> 
>>> Best
>>> Wafa
>>> 
>>> 
>>> 
>>> 
>>> ------------------------------
>>> *De: *"Ars?ne Tungali" <arsenebaguma at gmail.com>
>>> *?: *"Mike Silber" <silber.mike at gmail.com>
>>> *Cc: *"S Moonesamy" <sm+afrinic at elandsys.com>,
>>> community-discuss at afrinic.net
>>> *Envoy?: *Samedi 14 Avril 2018 11:18:22
>>> *Objet: *Re: [Community-Discuss] AFRINIC and the GDPR
>>> 
>>> 
>>> On Apr 14, 2018, at 7:45 AM, Mike Silber <silber.mike at gmail.com> wrote:
>>> 
>>> 
>>> My expectation is that the org confirms that is has performed a thorough
>>> evaluation and believe any risks have been mitigated.
>>> 
>>> Exactly!
>>> 
>>> If fines are to be imposed on AFRINIC (past May 25th) simply because
>>> there
>>> was less care taken upfront in dealing with this issue, then it will be
>>> a
>>> total mess.
>>> 
>>> AFRINIC members need to look closely at this since they might be the
>>> ones
>>> paying!
>>> 
>>> 
>>> On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com>
>>> wrote:
>>> 
>>>> Hi Arsene,
>>>> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>>>>> Reading this thread, I am still awaiting an official statement from
>>>>> the Board telling us that AFRINIC is safe and at this stage is in
>>>>> compliance with GDPR when it gets into enforcement next month. Or
>>>>> maybe did i miss that one?
>>>> 
>>>> There was a message at
>>>> https://lists.afrinic.net/pipermail/community-discuss/
>>>> 2018-April/002093.html
>>>> 
>>>>> I am not a EU citizen nor do I live in any EU country but i do care
>>>>> very much about privacy issues in terms of the way WHOIS handles
>>>> personal data.
>>>> 
>>>> I suggest sending an email to contact at afrinic.net if you have
>>>> questions about the above as I would not know how that works for you
>>>> given that we do not reside in the same country.
>>>> 
>>>> Regards,
>>>> S. Moonesamy
>>>> 
>>>> 
>>>> _______________________________________________
>>>> Community-Discuss mailing list
>>>> Community-Discuss at afrinic.net
>>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>>> 
>>> 
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>> 
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL:
>> <https://lists.afrinic.net/pipermail/community-discuss/attachments/20180416/4c4cbece/attachment-0001.html>
>> 
>> ------------------------------
>> 
>> Subject: Digest Footer
>> 
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>> 
>> 
>> ------------------------------
>> 
>> End of Community-Discuss Digest, Vol 301, Issue 1
>> *************************************************
>> 
> 
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss


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This electronic message contains information which may be privileged or confidential. The information is intended to be for the exclusive use of the individual(s) named above and further non-explicilty authorized disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited and will be considered a criminal offense. If you are not the intended recipient be aware that any disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited, will be considered a criminal offense, so you must reply to the original sender to inform about this communication and delete it.






From jordi.palet at consulintel.es  Mon Apr 16 20:40:42 2018
From: jordi.palet at consulintel.es (Jordi Palet Martinez)
Date: Mon, 16 Apr 2018 22:40:42 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <56B0DC15-34A8-46E0-9B49-A9EC03F03E5B@consulintel.es>
References: <mailman.5.1523880002.22854.community-discuss@afrinic.net>
 <62138.197.225.88.173.1523906122.squirrel@67.228.73.20>
 <56B0DC15-34A8-46E0-9B49-A9EC03F03E5B@consulintel.es>
Message-ID: <76F69768-5A03-4A86-8730-B5BEDEA36E6D@consulintel.es>

And forgot to say that IP addresses are also personal data, so the logs when visiting AfriNIC websites or the registration forms, etc., have the same issue :-) DNS servers logs as well ... and so on ...


> El 16 abr 2018, a las 22:34, Jordi Palet Martinez via Community-Discuss <community-discuss at afrinic.net> escribi?:
> 
> Even simpler than that. The registration of emails of EU citizens in this exploder or in the next AfriNIC meeting.
> 
> Emails are personal data.
> 
> 
>> El 16 abr 2018, a las 21:15, zeimm at auladin.com escribi?:
>> 
>> Hi Arsene,
>> 
>> The GDPR applies for data protection for all EU citizens.
>> 
>> If, for example an EU citizen is the  contact person for a range of IP
>> addresses provided by Afrinic, then Afrinic needs to ensure this data (
>> contact details of EU person) meet GDPR obligations, namely, that is has
>> taken measures to safeguard access to the data and that the data is kept
>> encrypted.
>> 
>> If it can prove those 2 processes, then it cannot be fined.
>> 
>> This is my understanding of the GDPR changes.
>> 
>> 
>> Best regards,
>> Zeimm.
>> 
>>> ----------------------------------------------------------------------
>>> 
>>> Message: 1
>>> Date: Mon, 16 Apr 2018 10:39:35 +0200
>>> From: Ars?ne Tungali <arsenebaguma at gmail.com>
>>> To: wafa DAHMANI <wafa at ati.tn>
>>> Cc: S Moonesamy <sm+afrinic at elandsys.com>, General Discussions of
>>>   AFRINIC <community-discuss at afrinic.net>
>>> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>>> Message-ID:
>>>   <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg at mail.gmail.com>
>>> Content-Type: text/plain; charset="utf-8"
>>> 
>>> Hi,
>>> 
>>> My apologies if i am too alarmant on this or if i am misunderstanding this
>>> issue.
>>> 
>>> Please consider my message on this as a request from a community member to
>>> be assured that we are okay and have nothing to worry about.
>>>> From your message, Wafa, i hope i can be at peace with regards to Afrinic
>>> and the GDPR because it is that simple from your perspective.
>>> 
>>> Regards,
>>> Arsene
>>> 
>>> ------------------------
>>> **Ars?ne Tungali* <http://about.me/ArseneTungali>*
>>> Co-Founder & Executive Director, *Rudi international
>>> <http://www.rudiinternational.org>*,
>>> CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa
>>> Forum
>>> <http://www.mabingwa-forum.com>*
>>> Tel: +243 993810967
>>> GPG: 523644A0
>>> *Goma, Democratic Republic of Congo*
>>> 
>>> 2015 Mandela Washington Felllow
>>> <http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
>>> (YALI) - ISOC Ambassador (IGF Brazil
>>> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors>
>>> & Mexico
>>> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors>)
>>> - AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> - Blogger
>>> <http://tungali.blogspot.com> - ICANN's GNSO Council
>>> <https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC Fellow
>>> (
>>> Mauritius
>>> <http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners>)*
>>> - *IGFSA Member <http://www.igfsa.org/> - Internet Governance - Internet
>>> Freedom.
>>> 
>>> Check the *2016 State of Internet Freedom in DRC* report (English
>>> <http://cipesa.org/?wpfb_dl=234>) and (French
>>> <http://cipesa.org/?wpfb_dl=242>)
>>> 
>>> 2018-04-15 9:37 GMT+02:00 wafa DAHMANI <wafa at ati.tn>:
>>> 
>>>> Dear all,
>>>> 
>>>> I think there are some misunderstandings of the issue
>>>> By the way under which laws there will be fines imposed on AFRINIC after
>>>> the 25th ???? does AFRINIC have subsidiary company in EU area ??
>>>> I think things are more simplier for AFRINIC
>>>> AFRINIC has just to declare that as company is fully respecting  data
>>>> privacy and should appoint a senior responsible for assuring that all
>>>> mecanisms implemebted treating personal
>>>> data comply with data privacy issues for example AFRINIC should
>>>> ISO27001
>>>> certified and had a Security Officer (which is mandatory to be ISO27001
>>>> certified).
>>>> 
>>>> 
>>>> Best
>>>> Wafa
>>>> 
>>>> 
>>>> 
>>>> 
>>>> ------------------------------
>>>> *De: *"Ars?ne Tungali" <arsenebaguma at gmail.com>
>>>> *?: *"Mike Silber" <silber.mike at gmail.com>
>>>> *Cc: *"S Moonesamy" <sm+afrinic at elandsys.com>,
>>>> community-discuss at afrinic.net
>>>> *Envoy?: *Samedi 14 Avril 2018 11:18:22
>>>> *Objet: *Re: [Community-Discuss] AFRINIC and the GDPR
>>>> 
>>>> 
>>>> On Apr 14, 2018, at 7:45 AM, Mike Silber <silber.mike at gmail.com> wrote:
>>>> 
>>>> 
>>>> My expectation is that the org confirms that is has performed a thorough
>>>> evaluation and believe any risks have been mitigated.
>>>> 
>>>> Exactly!
>>>> 
>>>> If fines are to be imposed on AFRINIC (past May 25th) simply because
>>>> there
>>>> was less care taken upfront in dealing with this issue, then it will be
>>>> a
>>>> total mess.
>>>> 
>>>> AFRINIC members need to look closely at this since they might be the
>>>> ones
>>>> paying!
>>>> 
>>>> 
>>>> On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com>
>>>> wrote:
>>>> 
>>>>> Hi Arsene,
>>>>> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>>>>>> Reading this thread, I am still awaiting an official statement from
>>>>>> the Board telling us that AFRINIC is safe and at this stage is in
>>>>>> compliance with GDPR when it gets into enforcement next month. Or
>>>>>> maybe did i miss that one?
>>>>> 
>>>>> There was a message at
>>>>> https://lists.afrinic.net/pipermail/community-discuss/
>>>>> 2018-April/002093.html
>>>>> 
>>>>>> I am not a EU citizen nor do I live in any EU country but i do care
>>>>>> very much about privacy issues in terms of the way WHOIS handles
>>>>> personal data.
>>>>> 
>>>>> I suggest sending an email to contact at afrinic.net if you have
>>>>> questions about the above as I would not know how that works for you
>>>>> given that we do not reside in the same country.
>>>>> 
>>>>> Regards,
>>>>> S. Moonesamy
>>>>> 
>>>>> 
>>>>> _______________________________________________
>>>>> Community-Discuss mailing list
>>>>> Community-Discuss at afrinic.net
>>>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>>>> 
>>>> 
>>>> _______________________________________________
>>>> Community-Discuss mailing list
>>>> Community-Discuss at afrinic.net
>>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>>> 
>>> -------------- next part --------------
>>> An HTML attachment was scrubbed...
>>> URL:
>>> <https://lists.afrinic.net/pipermail/community-discuss/attachments/20180416/4c4cbece/attachment-0001.html>
>>> 
>>> ------------------------------
>>> 
>>> Subject: Digest Footer
>>> 
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>> 
>>> 
>>> ------------------------------
>>> 
>>> End of Community-Discuss Digest, Vol 301, Issue 1
>>> *************************************************
>>> 
>> 
>> 
>> 
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
> 
> 
> **********************************************
> IPv4 is over
> Are you ready for the new Internet ?
> http://www.consulintel.es
> The IPv6 Company
> 
> This electronic message contains information which may be privileged or confidential. The information is intended to be for the exclusive use of the individual(s) named above and further non-explicilty authorized disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited and will be considered a criminal offense. If you are not the intended recipient be aware that any disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited, will be considered a criminal offense, so you must reply to the original sender to inform about this communication and delete it.
> 
> 
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss


**********************************************
IPv4 is over
Are you ready for the new Internet ?
http://www.consulintel.es
The IPv6 Company

This electronic message contains information which may be privileged or confidential. The information is intended to be for the exclusive use of the individual(s) named above and further non-explicilty authorized disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited and will be considered a criminal offense. If you are not the intended recipient be aware that any disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited, will be considered a criminal offense, so you must reply to the original sender to inform about this communication and delete it.






From sm+afrinic at elandsys.com  Tue Apr 17 05:42:27 2018
From: sm+afrinic at elandsys.com (S Moonesamy)
Date: Mon, 16 Apr 2018 22:42:27 -0700
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <76F69768-5A03-4A86-8730-B5BEDEA36E6D@consulintel.es>
References: <mailman.5.1523880002.22854.community-discuss@afrinic.net>
 <62138.197.225.88.173.1523906122.squirrel@67.228.73.20>
 <56B0DC15-34A8-46E0-9B49-A9EC03F03E5B@consulintel.es>
 <76F69768-5A03-4A86-8730-B5BEDEA36E6D@consulintel.es>
Message-ID: <6.2.5.6.2.20180416215110.0ebbfab0@elandnews.com>

Hi Jordi,
At 01:40 PM 16-04-2018, Jordi Palet Martinez via Community-Discuss wrote:
>And forgot to say that IP addresses are also personal data, so the 
>logs when visiting AfriNIC websites or the registration forms, etc., 
>have the same issue :-) DNS servers logs as well ... and so on ...

   PING 1.1.1.1 (1.1.1.1): 56 data bytes
   64 bytes from 1.1.1.1: icmp_seq=0 ttl=61 time=1.592 ms

   PING 8.8.8.8 (8.8.8.8): 56 data bytes
   64 bytes from 8.8.8.8: icmp_seq=0 ttl=59 time=37.581 ms

   PING 9.9.9.9 (9.9.9.9): 56 data bytes
   64 bytes from 9.9.9.9: icmp_seq=0 ttl=61 time=2.817 ms

Two of those DNS services are local.  It is not easy [1] to prove 
that there is a data protection issue.

Regards,
S. Moonesamy

1. Please see the success rate for data protection cases. 




From jordi.palet at consulintel.es  Tue Apr 17 07:06:20 2018
From: jordi.palet at consulintel.es (JORDI PALET MARTINEZ)
Date: Tue, 17 Apr 2018 09:06:20 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <6.2.5.6.2.20180416215110.0ebbfab0@elandnews.com>
References: <mailman.5.1523880002.22854.community-discuss@afrinic.net>
 <62138.197.225.88.173.1523906122.squirrel@67.228.73.20>
 <56B0DC15-34A8-46E0-9B49-A9EC03F03E5B@consulintel.es>
 <76F69768-5A03-4A86-8730-B5BEDEA36E6D@consulintel.es>
 <6.2.5.6.2.20180416215110.0ebbfab0@elandnews.com>
Message-ID: <F5643AD0-FF56-4061-B838-A7F0BC63D242@consulintel.es>

In a recent presentation, 9.9.9.9, confirmed that they have taken the measures to fulfill with GDPR. I'm not sure about the others.

Obviously is something that each service provider, web site owner, etc., need to tackle in a case by case basis.

Regards,
Jordi
 
 
?-----Mensaje original-----
De: S Moonesamy <sm+afrinic at elandsys.com>
Fecha: martes, 17 de abril de 2018, 7:43
Para: Jordi Palet Martinez <jordi.palet at consulintel.es>, <community-discuss at afrinic.net>
Asunto: Re: [Community-Discuss] AFRINIC and the GDPR

    Hi Jordi,
    At 01:40 PM 16-04-2018, Jordi Palet Martinez via Community-Discuss wrote:
    >And forgot to say that IP addresses are also personal data, so the 
    >logs when visiting AfriNIC websites or the registration forms, etc., 
    >have the same issue :-) DNS servers logs as well ... and so on ...
    
       PING 1.1.1.1 (1.1.1.1): 56 data bytes
       64 bytes from 1.1.1.1: icmp_seq=0 ttl=61 time=1.592 ms
    
       PING 8.8.8.8 (8.8.8.8): 56 data bytes
       64 bytes from 8.8.8.8: icmp_seq=0 ttl=59 time=37.581 ms
    
       PING 9.9.9.9 (9.9.9.9): 56 data bytes
       64 bytes from 9.9.9.9: icmp_seq=0 ttl=61 time=2.817 ms
    
    Two of those DNS services are local.  It is not easy [1] to prove 
    that there is a data protection issue.
    
    Regards,
    S. Moonesamy
    
    1. Please see the success rate for data protection cases. 
    
    



**********************************************
IPv4 is over
Are you ready for the new Internet ?
http://www.consulintel.es
The IPv6 Company

This electronic message contains information which may be privileged or confidential. The information is intended to be for the exclusive use of the individual(s) named above and further non-explicilty authorized disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited and will be considered a criminal offense. If you are not the intended recipient be aware that any disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited, will be considered a criminal offense, so you must reply to the original sender to inform about this communication and delete it.






From silber.mike at gmail.com  Tue Apr 17 07:36:36 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Tue, 17 Apr 2018 09:36:36 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <56B0DC15-34A8-46E0-9B49-A9EC03F03E5B@consulintel.es>
References: <mailman.5.1523880002.22854.community-discuss@afrinic.net>
 <62138.197.225.88.173.1523906122.squirrel@67.228.73.20>
 <56B0DC15-34A8-46E0-9B49-A9EC03F03E5B@consulintel.es>
Message-ID: <C86CBE9D-B94E-40B4-BFF8-9455005BE1C0@gmail.com>

EU citizens, EU residents, potentially even visitors to the EU (on anything more than a transitory basis).

Still waiting for DPAs to make specific rules.

In the absence of those specific rules - everything else is conjecture.

> On 16 Apr 2018, at 22:34, Jordi Palet Martinez via Community-Discuss <community-discuss at afrinic.net> wrote:
> 
> Even simpler than that. The registration of emails of EU citizens in this exploder or in the next AfriNIC meeting.
> 
> Emails are personal data.
> 
> 
>> El 16 abr 2018, a las 21:15, zeimm at auladin.com escribi?:
>> 
>> Hi Arsene,
>> 
>> The GDPR applies for data protection for all EU citizens.
>> 
>> If, for example an EU citizen is the  contact person for a range of IP
>> addresses provided by Afrinic, then Afrinic needs to ensure this data (
>> contact details of EU person) meet GDPR obligations, namely, that is has
>> taken measures to safeguard access to the data and that the data is kept
>> encrypted.
>> 
>> If it can prove those 2 processes, then it cannot be fined.
>> 
>> This is my understanding of the GDPR changes.
>> 
>> 
>> Best regards,
>> Zeimm.
>> 
>>> ----------------------------------------------------------------------
>>> 
>>> Message: 1
>>> Date: Mon, 16 Apr 2018 10:39:35 +0200
>>> From: Ars?ne Tungali <arsenebaguma at gmail.com>
>>> To: wafa DAHMANI <wafa at ati.tn>
>>> Cc: S Moonesamy <sm+afrinic at elandsys.com>, General Discussions of
>>>   AFRINIC <community-discuss at afrinic.net>
>>> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
>>> Message-ID:
>>>   <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg at mail.gmail.com>
>>> Content-Type: text/plain; charset="utf-8"
>>> 
>>> Hi,
>>> 
>>> My apologies if i am too alarmant on this or if i am misunderstanding this
>>> issue.
>>> 
>>> Please consider my message on this as a request from a community member to
>>> be assured that we are okay and have nothing to worry about.
>>>> From your message, Wafa, i hope i can be at peace with regards to Afrinic
>>> and the GDPR because it is that simple from your perspective.
>>> 
>>> Regards,
>>> Arsene
>>> 
>>> ------------------------
>>> **Ars?ne Tungali* <http://about.me/ArseneTungali>*
>>> Co-Founder & Executive Director, *Rudi international
>>> <http://www.rudiinternational.org>*,
>>> CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa
>>> Forum
>>> <http://www.mabingwa-forum.com>*
>>> Tel: +243 993810967
>>> GPG: 523644A0
>>> *Goma, Democratic Republic of Congo*
>>> 
>>> 2015 Mandela Washington Felllow
>>> <http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
>>> (YALI) - ISOC Ambassador (IGF Brazil
>>> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors>
>>> & Mexico
>>> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors>)
>>> - AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> - Blogger
>>> <http://tungali.blogspot.com> - ICANN's GNSO Council
>>> <https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC Fellow
>>> (
>>> Mauritius
>>> <http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners>)*
>>> - *IGFSA Member <http://www.igfsa.org/> - Internet Governance - Internet
>>> Freedom.
>>> 
>>> Check the *2016 State of Internet Freedom in DRC* report (English
>>> <http://cipesa.org/?wpfb_dl=234>) and (French
>>> <http://cipesa.org/?wpfb_dl=242>)
>>> 
>>> 2018-04-15 9:37 GMT+02:00 wafa DAHMANI <wafa at ati.tn>:
>>> 
>>>> Dear all,
>>>> 
>>>> I think there are some misunderstandings of the issue
>>>> By the way under which laws there will be fines imposed on AFRINIC after
>>>> the 25th ???? does AFRINIC have subsidiary company in EU area ??
>>>> I think things are more simplier for AFRINIC
>>>> AFRINIC has just to declare that as company is fully respecting  data
>>>> privacy and should appoint a senior responsible for assuring that all
>>>> mecanisms implemebted treating personal
>>>> data comply with data privacy issues for example AFRINIC should
>>>> ISO27001
>>>> certified and had a Security Officer (which is mandatory to be ISO27001
>>>> certified).
>>>> 
>>>> 
>>>> Best
>>>> Wafa
>>>> 
>>>> 
>>>> 
>>>> 
>>>> ------------------------------
>>>> *De: *"Ars?ne Tungali" <arsenebaguma at gmail.com>
>>>> *?: *"Mike Silber" <silber.mike at gmail.com>
>>>> *Cc: *"S Moonesamy" <sm+afrinic at elandsys.com>,
>>>> community-discuss at afrinic.net
>>>> *Envoy?: *Samedi 14 Avril 2018 11:18:22
>>>> *Objet: *Re: [Community-Discuss] AFRINIC and the GDPR
>>>> 
>>>> 
>>>> On Apr 14, 2018, at 7:45 AM, Mike Silber <silber.mike at gmail.com> wrote:
>>>> 
>>>> 
>>>> My expectation is that the org confirms that is has performed a thorough
>>>> evaluation and believe any risks have been mitigated.
>>>> 
>>>> Exactly!
>>>> 
>>>> If fines are to be imposed on AFRINIC (past May 25th) simply because
>>>> there
>>>> was less care taken upfront in dealing with this issue, then it will be
>>>> a
>>>> total mess.
>>>> 
>>>> AFRINIC members need to look closely at this since they might be the
>>>> ones
>>>> paying!
>>>> 
>>>> 
>>>> On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com>
>>>> wrote:
>>>> 
>>>>> Hi Arsene,
>>>>> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
>>>>>> Reading this thread, I am still awaiting an official statement from
>>>>>> the Board telling us that AFRINIC is safe and at this stage is in
>>>>>> compliance with GDPR when it gets into enforcement next month. Or
>>>>>> maybe did i miss that one?
>>>>> 
>>>>> There was a message at
>>>>> https://lists.afrinic.net/pipermail/community-discuss/
>>>>> 2018-April/002093.html
>>>>> 
>>>>>> I am not a EU citizen nor do I live in any EU country but i do care
>>>>>> very much about privacy issues in terms of the way WHOIS handles
>>>>> personal data.
>>>>> 
>>>>> I suggest sending an email to contact at afrinic.net if you have
>>>>> questions about the above as I would not know how that works for you
>>>>> given that we do not reside in the same country.
>>>>> 
>>>>> Regards,
>>>>> S. Moonesamy
>>>>> 
>>>>> 
>>>>> _______________________________________________
>>>>> Community-Discuss mailing list
>>>>> Community-Discuss at afrinic.net
>>>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>>>> 
>>>> 
>>>> _______________________________________________
>>>> Community-Discuss mailing list
>>>> Community-Discuss at afrinic.net
>>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>>> 
>>> -------------- next part --------------
>>> An HTML attachment was scrubbed...
>>> URL:
>>> <https://lists.afrinic.net/pipermail/community-discuss/attachments/20180416/4c4cbece/attachment-0001.html>
>>> 
>>> ------------------------------
>>> 
>>> Subject: Digest Footer
>>> 
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>>> 
>>> 
>>> ------------------------------
>>> 
>>> End of Community-Discuss Digest, Vol 301, Issue 1
>>> *************************************************
>>> 
>> 
>> 
>> 
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
> 
> 
> **********************************************
> IPv4 is over
> Are you ready for the new Internet ?
> http://www.consulintel.es
> The IPv6 Company
> 
> This electronic message contains information which may be privileged or confidential. The information is intended to be for the exclusive use of the individual(s) named above and further non-explicilty authorized disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited and will be considered a criminal offense. If you are not the intended recipient be aware that any disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited, will be considered a criminal offense, so you must reply to the original sender to inform about this communication and delete it.
> 
> 
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss




From jordi.palet at consulintel.es  Tue Apr 17 07:39:40 2018
From: jordi.palet at consulintel.es (JORDI PALET MARTINEZ)
Date: Tue, 17 Apr 2018 09:39:40 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <C86CBE9D-B94E-40B4-BFF8-9455005BE1C0@gmail.com>
References: <mailman.5.1523880002.22854.community-discuss@afrinic.net>
 <62138.197.225.88.173.1523906122.squirrel@67.228.73.20>
 <56B0DC15-34A8-46E0-9B49-A9EC03F03E5B@consulintel.es>
 <C86CBE9D-B94E-40B4-BFF8-9455005BE1C0@gmail.com>
Message-ID: <7F22FF49-576D-477E-93C6-2EF7139798FF@consulintel.es>

I don't think so. Meanwhile, previous Data Protection laws apply, at least that's what the Spanish Data Protection Agency say.

If you apply that (LOPD and LSSI laws in Spain) in conjunction to GDPR, you get what I told. So at least for Spanish citizens, this is clear.

Regards,
Jordi
 
 
?-----Mensaje original-----
De: Mike Silber <silber.mike at gmail.com>
Fecha: martes, 17 de abril de 2018, 9:36
Para: Jordi Palet Martinez <jordi.palet at consulintel.es>
CC: <zeimm at auladin.com>, <community-discuss at afrinic.net>
Asunto: Re: [Community-Discuss] AFRINIC and the GDPR

    EU citizens, EU residents, potentially even visitors to the EU (on anything more than a transitory basis).
    
    Still waiting for DPAs to make specific rules.
    
    In the absence of those specific rules - everything else is conjecture.
    
    > On 16 Apr 2018, at 22:34, Jordi Palet Martinez via Community-Discuss <community-discuss at afrinic.net> wrote:
    > 
    > Even simpler than that. The registration of emails of EU citizens in this exploder or in the next AfriNIC meeting.
    > 
    > Emails are personal data.
    > 
    > 
    >> El 16 abr 2018, a las 21:15, zeimm at auladin.com escribi?:
    >> 
    >> Hi Arsene,
    >> 
    >> The GDPR applies for data protection for all EU citizens.
    >> 
    >> If, for example an EU citizen is the  contact person for a range of IP
    >> addresses provided by Afrinic, then Afrinic needs to ensure this data (
    >> contact details of EU person) meet GDPR obligations, namely, that is has
    >> taken measures to safeguard access to the data and that the data is kept
    >> encrypted.
    >> 
    >> If it can prove those 2 processes, then it cannot be fined.
    >> 
    >> This is my understanding of the GDPR changes.
    >> 
    >> 
    >> Best regards,
    >> Zeimm.
    >> 
    >>> ----------------------------------------------------------------------
    >>> 
    >>> Message: 1
    >>> Date: Mon, 16 Apr 2018 10:39:35 +0200
    >>> From: Ars?ne Tungali <arsenebaguma at gmail.com>
    >>> To: wafa DAHMANI <wafa at ati.tn>
    >>> Cc: S Moonesamy <sm+afrinic at elandsys.com>, General Discussions of
    >>>   AFRINIC <community-discuss at afrinic.net>
    >>> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
    >>> Message-ID:
    >>>   <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg at mail.gmail.com>
    >>> Content-Type: text/plain; charset="utf-8"
    >>> 
    >>> Hi,
    >>> 
    >>> My apologies if i am too alarmant on this or if i am misunderstanding this
    >>> issue.
    >>> 
    >>> Please consider my message on this as a request from a community member to
    >>> be assured that we are okay and have nothing to worry about.
    >>>> From your message, Wafa, i hope i can be at peace with regards to Afrinic
    >>> and the GDPR because it is that simple from your perspective.
    >>> 
    >>> Regards,
    >>> Arsene
    >>> 
    >>> ------------------------
    >>> **Ars?ne Tungali* <http://about.me/ArseneTungali>*
    >>> Co-Founder & Executive Director, *Rudi international
    >>> <http://www.rudiinternational.org>*,
    >>> CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa
    >>> Forum
    >>> <http://www.mabingwa-forum.com>*
    >>> Tel: +243 993810967
    >>> GPG: 523644A0
    >>> *Goma, Democratic Republic of Congo*
    >>> 
    >>> 2015 Mandela Washington Felllow
    >>> <http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
    >>> (YALI) - ISOC Ambassador (IGF Brazil
    >>> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors>
    >>> & Mexico
    >>> <http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors>)
    >>> - AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> - Blogger
    >>> <http://tungali.blogspot.com> - ICANN's GNSO Council
    >>> <https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC Fellow
    >>> (
    >>> Mauritius
    >>> <http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners>)*
    >>> - *IGFSA Member <http://www.igfsa.org/> - Internet Governance - Internet
    >>> Freedom.
    >>> 
    >>> Check the *2016 State of Internet Freedom in DRC* report (English
    >>> <http://cipesa.org/?wpfb_dl=234>) and (French
    >>> <http://cipesa.org/?wpfb_dl=242>)
    >>> 
    >>> 2018-04-15 9:37 GMT+02:00 wafa DAHMANI <wafa at ati.tn>:
    >>> 
    >>>> Dear all,
    >>>> 
    >>>> I think there are some misunderstandings of the issue
    >>>> By the way under which laws there will be fines imposed on AFRINIC after
    >>>> the 25th ???? does AFRINIC have subsidiary company in EU area ??
    >>>> I think things are more simplier for AFRINIC
    >>>> AFRINIC has just to declare that as company is fully respecting  data
    >>>> privacy and should appoint a senior responsible for assuring that all
    >>>> mecanisms implemebted treating personal
    >>>> data comply with data privacy issues for example AFRINIC should
    >>>> ISO27001
    >>>> certified and had a Security Officer (which is mandatory to be ISO27001
    >>>> certified).
    >>>> 
    >>>> 
    >>>> Best
    >>>> Wafa
    >>>> 
    >>>> 
    >>>> 
    >>>> 
    >>>> ------------------------------
    >>>> *De: *"Ars?ne Tungali" <arsenebaguma at gmail.com>
    >>>> *?: *"Mike Silber" <silber.mike at gmail.com>
    >>>> *Cc: *"S Moonesamy" <sm+afrinic at elandsys.com>,
    >>>> community-discuss at afrinic.net
    >>>> *Envoy?: *Samedi 14 Avril 2018 11:18:22
    >>>> *Objet: *Re: [Community-Discuss] AFRINIC and the GDPR
    >>>> 
    >>>> 
    >>>> On Apr 14, 2018, at 7:45 AM, Mike Silber <silber.mike at gmail.com> wrote:
    >>>> 
    >>>> 
    >>>> My expectation is that the org confirms that is has performed a thorough
    >>>> evaluation and believe any risks have been mitigated.
    >>>> 
    >>>> Exactly!
    >>>> 
    >>>> If fines are to be imposed on AFRINIC (past May 25th) simply because
    >>>> there
    >>>> was less care taken upfront in dealing with this issue, then it will be
    >>>> a
    >>>> total mess.
    >>>> 
    >>>> AFRINIC members need to look closely at this since they might be the
    >>>> ones
    >>>> paying!
    >>>> 
    >>>> 
    >>>> On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com>
    >>>> wrote:
    >>>> 
    >>>>> Hi Arsene,
    >>>>> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
    >>>>>> Reading this thread, I am still awaiting an official statement from
    >>>>>> the Board telling us that AFRINIC is safe and at this stage is in
    >>>>>> compliance with GDPR when it gets into enforcement next month. Or
    >>>>>> maybe did i miss that one?
    >>>>> 
    >>>>> There was a message at
    >>>>> https://lists.afrinic.net/pipermail/community-discuss/
    >>>>> 2018-April/002093.html
    >>>>> 
    >>>>>> I am not a EU citizen nor do I live in any EU country but i do care
    >>>>>> very much about privacy issues in terms of the way WHOIS handles
    >>>>> personal data.
    >>>>> 
    >>>>> I suggest sending an email to contact at afrinic.net if you have
    >>>>> questions about the above as I would not know how that works for you
    >>>>> given that we do not reside in the same country.
    >>>>> 
    >>>>> Regards,
    >>>>> S. Moonesamy
    >>>>> 
    >>>>> 
    >>>>> _______________________________________________
    >>>>> Community-Discuss mailing list
    >>>>> Community-Discuss at afrinic.net
    >>>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
    >>>>> 
    >>>> 
    >>>> _______________________________________________
    >>>> Community-Discuss mailing list
    >>>> Community-Discuss at afrinic.net
    >>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
    >>>> 
    >>> -------------- next part --------------
    >>> An HTML attachment was scrubbed...
    >>> URL:
    >>> <https://lists.afrinic.net/pipermail/community-discuss/attachments/20180416/4c4cbece/attachment-0001.html>
    >>> 
    >>> ------------------------------
    >>> 
    >>> Subject: Digest Footer
    >>> 
    >>> _______________________________________________
    >>> Community-Discuss mailing list
    >>> Community-Discuss at afrinic.net
    >>> https://lists.afrinic.net/mailman/listinfo/community-discuss
    >>> 
    >>> 
    >>> ------------------------------
    >>> 
    >>> End of Community-Discuss Digest, Vol 301, Issue 1
    >>> *************************************************
    >>> 
    >> 
    >> 
    >> 
    >> _______________________________________________
    >> Community-Discuss mailing list
    >> Community-Discuss at afrinic.net
    >> https://lists.afrinic.net/mailman/listinfo/community-discuss
    > 
    > 
    > **********************************************
    > IPv4 is over
    > Are you ready for the new Internet ?
    > http://www.consulintel.es
    > The IPv6 Company
    > 
    > This electronic message contains information which may be privileged or confidential. The information is intended to be for the exclusive use of the individual(s) named above and further non-explicilty authorized disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited and will be considered a criminal offense. If you are not the intended recipient be aware that any disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited, will be considered a criminal offense, so you must reply to the original sender to inform about this communication and delete it.
    > 
    > 
    > 
    > 
    > _______________________________________________
    > Community-Discuss mailing list
    > Community-Discuss at afrinic.net
    > https://lists.afrinic.net/mailman/listinfo/community-discuss
    
    



**********************************************
IPv4 is over
Are you ready for the new Internet ?
http://www.consulintel.es
The IPv6 Company

This electronic message contains information which may be privileged or confidential. The information is intended to be for the exclusive use of the individual(s) named above and further non-explicilty authorized disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited and will be considered a criminal offense. If you are not the intended recipient be aware that any disclosure, copying, distribution or use of the contents of this information, even if partially, including attached files, is strictly prohibited, will be considered a criminal offense, so you must reply to the original sender to inform about this communication and delete it.






From seun.ojedeji at gmail.com  Tue Apr 17 07:52:35 2018
From: seun.ojedeji at gmail.com (Seun Ojedeji)
Date: Tue, 17 Apr 2018 07:52:35 +0000
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <C86CBE9D-B94E-40B4-BFF8-9455005BE1C0@gmail.com>
References: <mailman.5.1523880002.22854.community-discuss@afrinic.net>
 <62138.197.225.88.173.1523906122.squirrel@67.228.73.20>
 <56B0DC15-34A8-46E0-9B49-A9EC03F03E5B@consulintel.es>
 <C86CBE9D-B94E-40B4-BFF8-9455005BE1C0@gmail.com>
Message-ID: <CAD_dc6j7kSf8nC=Xaxv8yXfVwDmpacJK8LaCqcg0_3XQXKpT4Q@mail.gmail.com>

Indeed! The interconnectivity of networks that makes up the Internet would
make a literal interpretation of GDPR impractical or at least
unimplementable hence a more focused scope of interpretation/application is
required which only the DPAs can provide.

Regards
Sent from my mobile
Kindly excuse brevity and typos

On Tue, Apr 17, 2018, 8:37 AM Mike Silber <silber.mike at gmail.com> wrote:

> EU citizens, EU residents, potentially even visitors to the EU (on
> anything more than a transitory basis).
>
> Still waiting for DPAs to make specific rules.
>
> In the absence of those specific rules - everything else is conjecture.
>
> > On 16 Apr 2018, at 22:34, Jordi Palet Martinez via Community-Discuss <
> community-discuss at afrinic.net> wrote:
> >
> > Even simpler than that. The registration of emails of EU citizens in
> this exploder or in the next AfriNIC meeting.
> >
> > Emails are personal data.
> >
> >
> >> El 16 abr 2018, a las 21:15, zeimm at auladin.com escribi?:
> >>
> >> Hi Arsene,
> >>
> >> The GDPR applies for data protection for all EU citizens.
> >>
> >> If, for example an EU citizen is the  contact person for a range of IP
> >> addresses provided by Afrinic, then Afrinic needs to ensure this data (
> >> contact details of EU person) meet GDPR obligations, namely, that is has
> >> taken measures to safeguard access to the data and that the data is kept
> >> encrypted.
> >>
> >> If it can prove those 2 processes, then it cannot be fined.
> >>
> >> This is my understanding of the GDPR changes.
> >>
> >>
> >> Best regards,
> >> Zeimm.
> >>
> >>> ----------------------------------------------------------------------
> >>>
> >>> Message: 1
> >>> Date: Mon, 16 Apr 2018 10:39:35 +0200
> >>> From: Ars?ne Tungali <arsenebaguma at gmail.com>
> >>> To: wafa DAHMANI <wafa at ati.tn>
> >>> Cc: S Moonesamy <sm+afrinic at elandsys.com>, General Discussions of
> >>>   AFRINIC <community-discuss at afrinic.net>
> >>> Subject: Re: [Community-Discuss] AFRINIC and the GDPR
> >>> Message-ID:
> >>>   <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg at mail.gmail.com>
> >>> Content-Type: text/plain; charset="utf-8"
> >>>
> >>> Hi,
> >>>
> >>> My apologies if i am too alarmant on this or if i am misunderstanding
> this
> >>> issue.
> >>>
> >>> Please consider my message on this as a request from a community
> member to
> >>> be assured that we are okay and have nothing to worry about.
> >>>> From your message, Wafa, i hope i can be at peace with regards to
> Afrinic
> >>> and the GDPR because it is that simple from your perspective.
> >>>
> >>> Regards,
> >>> Arsene
> >>>
> >>> ------------------------
> >>> **Ars?ne Tungali* <http://about.me/ArseneTungali>*
> >>> Co-Founder & Executive Director, *Rudi international
> >>> <http://www.rudiinternational.org>*,
> >>> CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa
> >>> Forum
> >>> <http://www.mabingwa-forum.com>*
> >>> Tel: +243 993810967
> >>> GPG: 523644A0
> >>> *Goma, Democratic Republic of Congo*
> >>>
> >>> 2015 Mandela Washington Felllow
> >>> <
> http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html
> >
> >>> (YALI) - ISOC Ambassador (IGF Brazil
> >>> <
> http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors
> >
> >>> & Mexico
> >>> <
> http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors
> >)
> >>> - AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> -
> Blogger
> >>> <http://tungali.blogspot.com> - ICANN's GNSO Council
> >>> <https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC
> Fellow
> >>> (
> >>> Mauritius
> >>> <
> http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners
> >)*
> >>> - *IGFSA Member <http://www.igfsa.org/> - Internet Governance -
> Internet
> >>> Freedom.
> >>>
> >>> Check the *2016 State of Internet Freedom in DRC* report (English
> >>> <http://cipesa.org/?wpfb_dl=234>) and (French
> >>> <http://cipesa.org/?wpfb_dl=242>)
> >>>
> >>> 2018-04-15 9:37 GMT+02:00 wafa DAHMANI <wafa at ati.tn>:
> >>>
> >>>> Dear all,
> >>>>
> >>>> I think there are some misunderstandings of the issue
> >>>> By the way under which laws there will be fines imposed on AFRINIC
> after
> >>>> the 25th ???? does AFRINIC have subsidiary company in EU area ??
> >>>> I think things are more simplier for AFRINIC
> >>>> AFRINIC has just to declare that as company is fully respecting  data
> >>>> privacy and should appoint a senior responsible for assuring that all
> >>>> mecanisms implemebted treating personal
> >>>> data comply with data privacy issues for example AFRINIC should
> >>>> ISO27001
> >>>> certified and had a Security Officer (which is mandatory to be
> ISO27001
> >>>> certified).
> >>>>
> >>>>
> >>>> Best
> >>>> Wafa
> >>>>
> >>>>
> >>>>
> >>>>
> >>>> ------------------------------
> >>>> *De: *"Ars?ne Tungali" <arsenebaguma at gmail.com>
> >>>> *?: *"Mike Silber" <silber.mike at gmail.com>
> >>>> *Cc: *"S Moonesamy" <sm+afrinic at elandsys.com>,
> >>>> community-discuss at afrinic.net
> >>>> *Envoy?: *Samedi 14 Avril 2018 11:18:22
> >>>> *Objet: *Re: [Community-Discuss] AFRINIC and the GDPR
> >>>>
> >>>>
> >>>> On Apr 14, 2018, at 7:45 AM, Mike Silber <silber.mike at gmail.com>
> wrote:
> >>>>
> >>>>
> >>>> My expectation is that the org confirms that is has performed a
> thorough
> >>>> evaluation and believe any risks have been mitigated.
> >>>>
> >>>> Exactly!
> >>>>
> >>>> If fines are to be imposed on AFRINIC (past May 25th) simply because
> >>>> there
> >>>> was less care taken upfront in dealing with this issue, then it will
> be
> >>>> a
> >>>> total mess.
> >>>>
> >>>> AFRINIC members need to look closely at this since they might be the
> >>>> ones
> >>>> paying!
> >>>>
> >>>>
> >>>> On Sat, 14 Apr 2018 at 00:18, S Moonesamy <sm+afrinic at elandsys.com>
> >>>> wrote:
> >>>>
> >>>>> Hi Arsene,
> >>>>> At 07:48 AM 13-04-2018, Arsene Tungali wrote:
> >>>>>> Reading this thread, I am still awaiting an official statement from
> >>>>>> the Board telling us that AFRINIC is safe and at this stage is in
> >>>>>> compliance with GDPR when it gets into enforcement next month. Or
> >>>>>> maybe did i miss that one?
> >>>>>
> >>>>> There was a message at
> >>>>> https://lists.afrinic.net/pipermail/community-discuss/
> >>>>> 2018-April/002093.html
> >>>>>
> >>>>>> I am not a EU citizen nor do I live in any EU country but i do care
> >>>>>> very much about privacy issues in terms of the way WHOIS handles
> >>>>> personal data.
> >>>>>
> >>>>> I suggest sending an email to contact at afrinic.net if you have
> >>>>> questions about the above as I would not know how that works for you
> >>>>> given that we do not reside in the same country.
> >>>>>
> >>>>> Regards,
> >>>>> S. Moonesamy
> >>>>>
> >>>>>
> >>>>> _______________________________________________
> >>>>> Community-Discuss mailing list
> >>>>> Community-Discuss at afrinic.net
> >>>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
> >>>>>
> >>>>
> >>>> _______________________________________________
> >>>> Community-Discuss mailing list
> >>>> Community-Discuss at afrinic.net
> >>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
> >>>>
> >>> -------------- next part --------------
> >>> An HTML attachment was scrubbed...
> >>> URL:
> >>> <
> https://lists.afrinic.net/pipermail/community-discuss/attachments/20180416/4c4cbece/attachment-0001.html
> >
> >>>
> >>> ------------------------------
> >>>
> >>> Subject: Digest Footer
> >>>
> >>> _______________________________________________
> >>> Community-Discuss mailing list
> >>> Community-Discuss at afrinic.net
> >>> https://lists.afrinic.net/mailman/listinfo/community-discuss
> >>>
> >>>
> >>> ------------------------------
> >>>
> >>> End of Community-Discuss Digest, Vol 301, Issue 1
> >>> *************************************************
> >>>
> >>
> >>
> >>
> >> _______________________________________________
> >> Community-Discuss mailing list
> >> Community-Discuss at afrinic.net
> >> https://lists.afrinic.net/mailman/listinfo/community-discuss
> >
> >
> > **********************************************
> > IPv4 is over
> > Are you ready for the new Internet ?
> > http://www.consulintel.es
> > The IPv6 Company
> >
> > This electronic message contains information which may be privileged or
> confidential. The information is intended to be for the exclusive use of
> the individual(s) named above and further non-explicilty authorized
> disclosure, copying, distribution or use of the contents of this
> information, even if partially, including attached files, is strictly
> prohibited and will be considered a criminal offense. If you are not the
> intended recipient be aware that any disclosure, copying, distribution or
> use of the contents of this information, even if partially, including
> attached files, is strictly prohibited, will be considered a criminal
> offense, so you must reply to the original sender to inform about this
> communication and delete it.
> >
> >
> >
> >
> > _______________________________________________
> > Community-Discuss mailing list
> > Community-Discuss at afrinic.net
> > https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
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From alan.barrett at afrinic.net  Tue Apr 17 08:52:30 2018
From: alan.barrett at afrinic.net (Alan Barrett)
Date: Tue, 17 Apr 2018 12:52:30 +0400
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg@mail.gmail.com>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
 <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>
 <1995485041.7811.1523777814854.JavaMail.zimbra@ati.tn>
 <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>
 <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg@mail.gmail.com>
Message-ID: <094A3E85-34CA-4D17-83C6-DAE601F47536@afrinic.net>



> On 16 Apr 2018, at 12:39, Ars?ne Tungali <arsenebaguma at gmail.com> wrote:
> Please consider my message on this as a request from a community member to be assured that we are okay and have nothing to worry about.

Please refer to the message already provided by the Chair of the Board at <https://lists.afrinic.net/pipermail/community-discuss/2018-April/002093.html>.

Alan Barrett
CEO, AFRINIC




From arsenebaguma at gmail.com  Tue Apr 17 09:28:43 2018
From: arsenebaguma at gmail.com (=?UTF-8?Q?Ars=C3=A8ne_Tungali?=)
Date: Tue, 17 Apr 2018 11:28:43 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <094A3E85-34CA-4D17-83C6-DAE601F47536@afrinic.net>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
 <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>
 <1995485041.7811.1523777814854.JavaMail.zimbra@ati.tn>
 <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>
 <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg@mail.gmail.com>
 <094A3E85-34CA-4D17-83C6-DAE601F47536@afrinic.net>
Message-ID: <CABDXvWqen=EOMszn5U24EKHrcgP3F+1Z9g06m7XRY7a3hRs69g@mail.gmail.com>

Thanks Alan.

Wish you all very good discussions and deliberations at the upcoming AIS
that i will miss.
So many things to be discussed there.

Regards,
Arsene

------------------------
**Ars?ne Tungali* <http://about.me/ArseneTungali>*
Co-Founder & Executive Director, *Rudi international
<http://www.rudiinternational.org>*,
CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa Forum
<http://www.mabingwa-forum.com>*
Tel: +243 993810967
GPG: 523644A0
*Goma, Democratic Republic of Congo*

2015 Mandela Washington Felllow
<http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
(YALI) - ISOC Ambassador (IGF Brazil
<http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors>
& Mexico
<http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors>)
- AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> - Blogger
<http://tungali.blogspot.com> - ICANN's GNSO Council
<https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC Fellow (
Mauritius
<http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners>)*
- *IGFSA Member <http://www.igfsa.org/> - Internet Governance - Internet
Freedom.

Check the *2016 State of Internet Freedom in DRC* report (English
<http://cipesa.org/?wpfb_dl=234>) and (French
<http://cipesa.org/?wpfb_dl=242>)

2018-04-17 10:52 GMT+02:00 Alan Barrett <alan.barrett at afrinic.net>:

>
>
> > On 16 Apr 2018, at 12:39, Ars?ne Tungali <arsenebaguma at gmail.com> wrote:
> > Please consider my message on this as a request from a community member
> to be assured that we are okay and have nothing to worry about.
>
> Please refer to the message already provided by the Chair of the Board at <
> https://lists.afrinic.net/pipermail/community-discuss/
> 2018-April/002093.html>.
>
> Alan Barrett
> CEO, AFRINIC
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
-------------- next part --------------
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From arsenebaguma at gmail.com  Tue Apr 17 09:34:33 2018
From: arsenebaguma at gmail.com (=?UTF-8?Q?Ars=C3=A8ne_Tungali?=)
Date: Tue, 17 Apr 2018 11:34:33 +0200
Subject: [Community-Discuss] AFRINIC and the GDPR
In-Reply-To: <094A3E85-34CA-4D17-83C6-DAE601F47536@afrinic.net>
References: <HE1PR0301MB25702F4FA853E3D55F592BABEEBD0@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <3130A132-59C4-4382-A30D-8AB253D8BD38@delong.com>
 <6.2.5.6.2.20180411092317.0ec0a2a0@elandnews.com>
 <c9470d0a-7487-b090-f77b-ab85c567161e@afrinic.net>
 <CABDXvWoxZU20sYfRVLb=-HBoC9o_c39TkhKd1KxMzB46ZuvLjg@mail.gmail.com>
 <6.2.5.6.2.20180413142819.101a49d8@elandnews.com>
 <CAE-cm4+9ArHgWYhF=QdJrGws4CB4dnrjnUAt9qUa2SCfdpqL4Q@mail.gmail.com>
 <9966AE19-FE68-4C4E-AC2E-80F1F360F06A@gmail.com>
 <1995485041.7811.1523777814854.JavaMail.zimbra@ati.tn>
 <1157665697.7815.1523777823583.JavaMail.zimbra@ati.tn>
 <CABDXvWo+OceTzO0SCqcP9dyQfd2FiYELr6gXKcKu7oUaC6mkgg@mail.gmail.com>
 <094A3E85-34CA-4D17-83C6-DAE601F47536@afrinic.net>
Message-ID: <CABDXvWpCqVoAq-M9S6q_SPRvYVeqKWteFG0KuOL4gOdLzH5onw@mail.gmail.com>

Thanks Alan.

Wish you all very good discussions and deliberations at the upcoming AIS
that i will miss.
So many things to be discussed there.

Regards,
Arsene

------------------------
**Ars?ne Tungali* <http://about.me/ArseneTungali>*
Co-Founder & Executive Director, *Rudi international
<http://www.rudiinternational.org>*,
CEO,* Smart Services Sarl <https://www.smart-kitoko.com/>*, *Mabingwa Forum
<http://www.mabingwa-forum.com>*
Tel: +243 993810967
GPG: 523644A0
*Goma, Democratic Republic of Congo*

2015 Mandela Washington Felllow
<http://tungali.blogspot.com/2015/06/selected-for-2015-mandela-washington.html>
(YALI) - ISOC Ambassador (IGF Brazil
<http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/igf-ambassadors-programme/Past-Ambassadors>
& Mexico
<http://www.internetsociety.org/what-we-do/education-and-leadership-programmes/next-generation-leaders/Current-Ambassadors>)
- AFRISIG 2016 <http://afrisig.org/afrisig-2016/class-of-2016/> - Blogger
<http://tungali.blogspot.com> - ICANN's GNSO Council
<https://gnso.icann.org/en/about/gnso-council.htm> Member. AFRINIC Fellow (
Mauritius
<http://www.afrinic.net/en/library/news/1907-afrinic-25-fellowship-winners>)*
- *IGFSA Member <http://www.igfsa.org/> - Internet Governance - Internet
Freedom.

Check the *2016 State of Internet Freedom in DRC* report (English
<http://cipesa.org/?wpfb_dl=234>) and (French
<http://cipesa.org/?wpfb_dl=242>)

2018-04-17 10:52 GMT+02:00 Alan Barrett <alan.barrett at afrinic.net>:

>
>
> > On 16 Apr 2018, at 12:39, Ars?ne Tungali <arsenebaguma at gmail.com> wrote:
> > Please consider my message on this as a request from a community member
> to be assured that we are okay and have nothing to worry about.
>
> Please refer to the message already provided by the Chair of the Board at <
> https://lists.afrinic.net/pipermail/community-discuss/
> 2018-April/002093.html>.
>
> Alan Barrett
> CEO, AFRINIC
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
-------------- next part --------------
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From wale at forum.org.ng  Fri Apr 20 07:23:21 2018
From: wale at forum.org.ng (Wale Adedokun)
Date: Fri, 20 Apr 2018 07:23:21 +0000 (GMT)
Subject: [Community-Discuss] [AFRINIC-Announce] Announcement for
	Final	Candidate Slate for Open Seats AFRINIC Elections
In-Reply-To: <00d401d3d257$b22da580$1688f080$@comorestelecom.km>
References: <15E3DB29-8269-4703-AE84-03E86EFD6194@afrinic.net>
 <00d401d3d257$b22da580$1688f080$@comorestelecom.km>
Message-ID: <2064301896.58009.1524209001676.JavaMail.zimbra@forum.org.ng>

Dear Ali,
Initial nominations received by NomCom were few, which informed the extension of closure of nominations. After the extension, NomCom was not satisfied with the number nominations received so we had to source for candidates as provided in the NomCom guidelines. Unfortunately, not less than three nominees withdrew their nominations before the final slate was published. NomCom did her due diligence to ensure that good number of credible candidates are presented to the community. However, having only one candidate may not automatically mean elected.

regards,

Wale

Wale Adedokun, PhD
Event Coordinator
Nigeria Network Operators Group(ngNOG)

2348037035811
wale at forum.org.ng


----- ALI Hadji Mmadi <alihadji at comorestelecom.km> wrote:
> Dear NomCom  Members,
> Thanks for your efforts, but the slates show only one candidate for many positions which is not good  for this community. 
> Is this a signal of AFRINIC being no longer attractive for community to serve or failure of the NomCom?
> Regards.
> Ali Of Comoros
> 
> -----Message d'origine-----
> De : AFRINIC Communication [mailto:comm-announce at afrinic.net] 
> Envoy? : mardi 10 avril 2018 13:44
> ? : announce at afrinic.net
> Objet : [AFRINIC-Announce] Announcement for Final Candidate Slate for Open Seats AFRINIC Elections
> 
> [Version fran?aise ci-dessous]
> 
>  
> Dear Colleagues,
> 
> NomCom2018 is pleased to announce the following final candidate slate for the open seats on the AFRINIC:
> 
> 1.Board of Directors
> 
>  Eastern Africa
> 
> i. Abibu Rashid Ntahigiye
> 
> Southern Africa
> 
> i. Lucky Masilela
> 
> 
> 2. Policy Development Working Group
> 
> i. Mark Elkins
> 
> 
> 3. Governance Committee
> 
> i.  Daniel Inusa Yakmut
> 
> ii. Dr. Alioune Badara Traore
> 
> 
> 4. Policy Development Appeal Committee
> 
> i.  Kodzo (Marcus) Gadzekpo Adomey
> 
> ii. Luc Missidimbazi 
> 
> iii. Jean-Robert Hountomey
> 
> iv. Wafa Dahmani
> 
>  
> Full candidate information has been published.
> 
> Governance Committee
> 
> https://afrinic.net/en/community/elections/2349-2018-governance-committee-candidate-slate
> 
> BoD
> 
> https://afrinic.net/en/community/elections/2345-2018-board-of-directors-candidate-slate
> 
> 
> PDWG
> 
> https://afrinic.net/en/community/elections/2351-2018-pdwg-candidate-slate
> 
> 
> Appeal Committee
> 
> https://afrinic.net/en/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
> 
> 
> The community (and members) are hereby invited to view candidate details and express any comments about the suitability of the candidates for the board position using the comment section at the URLs above.
> 
> 
> Election will be held during the Annual General Members' Meeting (AGMM) to be held in Dakar on 10 May 2018.
> 
> Members that will not be able to attend and/or vote physically at the AGMM are informed that there is an option for electronic voting, which will start on 27th April 2018 until 10th May 2018 and will be conducted through the MyAFRINIC portal - https://my.afrinic.net.
> 
> Members can also opt to appoint a proxy to attend the AGMM and participate on the member?s behalf, including voting in the board election and all other matters at the AGMM.
> 
> 
> More information is available at: https://afrinic.net/en/community/elections/bod-election/process
> 
> For any queries or clarification, please contact the nominations committee by email to nomcom2018@ afrinic. net
> 
>  
> 
> (2018 Nominations Committee) 
> 
>  
> ???????????????????????????????????????????????????
> 
>  
> 
> Chers coll?gues,
> 
>  
> 
> NomCom2018 a le plaisir d'annoncer la liste finale des candidats aux ?lections du :
> 
> 
> 1. Conseil d'administration
> 
> 
>  Afrique de l'Est
> 
> i. Abibu Rashid Ntahigiye
> 
> 
> Afrique du sud 
> 
> i. Lucky Masilela
> 
>  
> 
> 2. Groupe de travail sur l'?laboration des politiques
> 
> 
> i. Mark Elkins
> 
> 
> 3. Comit? de gouvernance
> 
> 
> i. Daniel Inusa Yakmut
> 
> ii. Dr. Alioune Badara Traor?
> 
> 
> 4. Comit? d'appel de l'?laboration des politiques
> 
> 
> i. Kodzo (Marcus) Gadzekpo Adomey
> 
> ii. Luc Missidimbazi
> 
> iii. Jean-Robert Hountomey
> 
> iv. Wafa Dahmani
> 
>  
> Plus d?informations sur les candidats sont publi?es.
> 
> 
> Comit? de gouvernance
> 
> https://afrinic.net/fr/community/elections/2349-2018-governance-committee-candidate-slate
>  
> 
> BoD
> 
> https://afrinic.net/fr/community/elections/2345-2018-board-of-directors-candidate-slate
> 
>  
> PDWG 
> 
> https://afrinic.net/fr/communautaire/elections/2351-2018-pdwg-candidate-slate
> 
> Comit? d'Appel
> 
> https://afrinic.net/fr/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
>  
> 
> La communaut? (et les membres) sont invit?s ? voir les d?tails des candidats et ? formuler des commentaires sur les qualit?s personnelles des candidats pour le poste au conseil d'administration en utilisant la section des commentaires sur les URL ci-dessus.
> 
> L'?lection aura lieu lors de l'Assembl?e g?n?rale annuelle des membres (AGMM) qui se tiendra ? Dakar le 10 mai 2018.
> 
> Les membres qui ne pourront pas assister et / ou voter physiquement ? l'AGMM sont inform?s qu'il y a une option pour le vote ?lectronique, qui commencera le 27 avril 2018 jusqu'au 10 mai 2018 et sera effectu?e via le portail MyAFRINIC - https: / /my.afrinic.net.
> 
> Les membres peuvent ?galement choisir de nommer un mandataire pour assister ? l'AGMM et participer au nom du membre, y compris le vote ? l'?lection du conseil d?administration et toutes les autres questions ? l'AGMM.
> 
> Plus d'informations sont disponibles sur: https://afrinic.net/en/community/elections/bod-election/process
> 
> Pour toute question ou clarification, veuillez contacter le comit? de nomination par courriel ? nomcom2018 @ afrinic. net
>  
> 
> (Comit? des nominations 2018)
> _______________________________________________
> Announce mailing list
> Announce at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/announce
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss




From seeburn.k at gmail.com  Fri Apr 20 08:35:54 2018
From: seeburn.k at gmail.com (Kris Seeburn)
Date: Fri, 20 Apr 2018 12:35:54 +0400
Subject: [Community-Discuss] [AFRINIC-Announce] Announcement for Final
	Candidate Slate for Open Seats AFRINIC Elections
In-Reply-To: <2064301896.58009.1524209001676.JavaMail.zimbra@forum.org.ng>
References: <15E3DB29-8269-4703-AE84-03E86EFD6194@afrinic.net>
 <00d401d3d257$b22da580$1688f080$@comorestelecom.km>
 <2064301896.58009.1524209001676.JavaMail.zimbra@forum.org.ng>
Message-ID: <0875121D-6907-491A-86AE-5F52A172CE0F@gmail.com>

Actually, if you guys talk to the counsel you would know that 1 candidate only does not even need votes they win by acclamation. So basically there is no required votes for them to be elected.

Kris

> On 20 Apr 2018, at 11:23, Wale Adedokun <wale at forum.org.ng> wrote:
> 
> Dear Ali,
> Initial nominations received by NomCom were few, which informed the extension of closure of nominations. After the extension, NomCom was not satisfied with the number nominations received so we had to source for candidates as provided in the NomCom guidelines. Unfortunately, not less than three nominees withdrew their nominations before the final slate was published. NomCom did her due diligence to ensure that good number of credible candidates are presented to the community. However, having only one candidate may not automatically mean elected.
> 
> regards,
> 
> Wale
> 
> Wale Adedokun, PhD
> Event Coordinator
> Nigeria Network Operators Group(ngNOG)
> 
> 2348037035811
> wale at forum.org.ng
> 
> 
> ----- ALI Hadji Mmadi <alihadji at comorestelecom.km> wrote:
>> Dear NomCom  Members,
>> Thanks for your efforts, but the slates show only one candidate for many positions which is not good  for this community. 
>> Is this a signal of AFRINIC being no longer attractive for community to serve or failure of the NomCom?
>> Regards.
>> Ali Of Comoros
>> 
>> -----Message d'origine-----
>> De : AFRINIC Communication [mailto:comm-announce at afrinic.net] 
>> Envoy? : mardi 10 avril 2018 13:44
>> ? : announce at afrinic.net
>> Objet : [AFRINIC-Announce] Announcement for Final Candidate Slate for Open Seats AFRINIC Elections
>> 
>> [Version fran?aise ci-dessous]
>> 
>> 
>> Dear Colleagues,
>> 
>> NomCom2018 is pleased to announce the following final candidate slate for the open seats on the AFRINIC:
>> 
>> 1.Board of Directors
>> 
>> Eastern Africa
>> 
>> i. Abibu Rashid Ntahigiye
>> 
>> Southern Africa
>> 
>> i. Lucky Masilela
>> 
>> 
>> 2. Policy Development Working Group
>> 
>> i. Mark Elkins
>> 
>> 
>> 3. Governance Committee
>> 
>> i.  Daniel Inusa Yakmut
>> 
>> ii. Dr. Alioune Badara Traore
>> 
>> 
>> 4. Policy Development Appeal Committee
>> 
>> i.  Kodzo (Marcus) Gadzekpo Adomey
>> 
>> ii. Luc Missidimbazi 
>> 
>> iii. Jean-Robert Hountomey
>> 
>> iv. Wafa Dahmani
>> 
>> 
>> Full candidate information has been published.
>> 
>> Governance Committee
>> 
>> https://afrinic.net/en/community/elections/2349-2018-governance-committee-candidate-slate
>> 
>> BoD
>> 
>> https://afrinic.net/en/community/elections/2345-2018-board-of-directors-candidate-slate
>> 
>> 
>> PDWG
>> 
>> https://afrinic.net/en/community/elections/2351-2018-pdwg-candidate-slate
>> 
>> 
>> Appeal Committee
>> 
>> https://afrinic.net/en/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
>> 
>> 
>> The community (and members) are hereby invited to view candidate details and express any comments about the suitability of the candidates for the board position using the comment section at the URLs above.
>> 
>> 
>> Election will be held during the Annual General Members' Meeting (AGMM) to be held in Dakar on 10 May 2018.
>> 
>> Members that will not be able to attend and/or vote physically at the AGMM are informed that there is an option for electronic voting, which will start on 27th April 2018 until 10th May 2018 and will be conducted through the MyAFRINIC portal - https://my.afrinic.net.
>> 
>> Members can also opt to appoint a proxy to attend the AGMM and participate on the member?s behalf, including voting in the board election and all other matters at the AGMM.
>> 
>> 
>> More information is available at: https://afrinic.net/en/community/elections/bod-election/process
>> 
>> For any queries or clarification, please contact the nominations committee by email to nomcom2018@ afrinic. net
>> 
>> 
>> 
>> (2018 Nominations Committee) 
>> 
>> 
>> ???????????????????????????????????????????????????
>> 
>> 
>> 
>> Chers coll?gues,
>> 
>> 
>> 
>> NomCom2018 a le plaisir d'annoncer la liste finale des candidats aux ?lections du :
>> 
>> 
>> 1. Conseil d'administration
>> 
>> 
>> Afrique de l'Est
>> 
>> i. Abibu Rashid Ntahigiye
>> 
>> 
>> Afrique du sud 
>> 
>> i. Lucky Masilela
>> 
>> 
>> 
>> 2. Groupe de travail sur l'?laboration des politiques
>> 
>> 
>> i. Mark Elkins
>> 
>> 
>> 3. Comit? de gouvernance
>> 
>> 
>> i. Daniel Inusa Yakmut
>> 
>> ii. Dr. Alioune Badara Traor?
>> 
>> 
>> 4. Comit? d'appel de l'?laboration des politiques
>> 
>> 
>> i. Kodzo (Marcus) Gadzekpo Adomey
>> 
>> ii. Luc Missidimbazi
>> 
>> iii. Jean-Robert Hountomey
>> 
>> iv. Wafa Dahmani
>> 
>> 
>> Plus d?informations sur les candidats sont publi?es.
>> 
>> 
>> Comit? de gouvernance
>> 
>> https://afrinic.net/fr/community/elections/2349-2018-governance-committee-candidate-slate
>> 
>> 
>> BoD
>> 
>> https://afrinic.net/fr/community/elections/2345-2018-board-of-directors-candidate-slate
>> 
>> 
>> PDWG 
>> 
>> https://afrinic.net/fr/communautaire/elections/2351-2018-pdwg-candidate-slate
>> 
>> Comit? d'Appel
>> 
>> https://afrinic.net/fr/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
>> 
>> 
>> La communaut? (et les membres) sont invit?s ? voir les d?tails des candidats et ? formuler des commentaires sur les qualit?s personnelles des candidats pour le poste au conseil d'administration en utilisant la section des commentaires sur les URL ci-dessus.
>> 
>> L'?lection aura lieu lors de l'Assembl?e g?n?rale annuelle des membres (AGMM) qui se tiendra ? Dakar le 10 mai 2018.
>> 
>> Les membres qui ne pourront pas assister et / ou voter physiquement ? l'AGMM sont inform?s qu'il y a une option pour le vote ?lectronique, qui commencera le 27 avril 2018 jusqu'au 10 mai 2018 et sera effectu?e via le portail MyAFRINIC - https: / /my.afrinic.net.
>> 
>> Les membres peuvent ?galement choisir de nommer un mandataire pour assister ? l'AGMM et participer au nom du membre, y compris le vote ? l'?lection du conseil d?administration et toutes les autres questions ? l'AGMM.
>> 
>> Plus d'informations sont disponibles sur: https://afrinic.net/en/community/elections/bod-election/process
>> 
>> Pour toute question ou clarification, veuillez contacter le comit? de nomination par courriel ? nomcom2018 @ afrinic. net
>> 
>> 
>> (Comit? des nominations 2018)
>> _______________________________________________
>> Announce mailing list
>> Announce at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/announce
>> 
>> 
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss



From owen at delong.com  Fri Apr 20 17:48:10 2018
From: owen at delong.com (Owen DeLong)
Date: Fri, 20 Apr 2018 10:48:10 -0700
Subject: [Community-Discuss] [AFRINIC-Announce] Announcement for Final
 Candidate Slate for Open Seats AFRINIC Elections
In-Reply-To: <0875121D-6907-491A-86AE-5F52A172CE0F@gmail.com>
References: <15E3DB29-8269-4703-AE84-03E86EFD6194@afrinic.net>
 <00d401d3d257$b22da580$1688f080$@comorestelecom.km>
 <2064301896.58009.1524209001676.JavaMail.zimbra@forum.org.ng>
 <0875121D-6907-491A-86AE-5F52A172CE0F@gmail.com>
Message-ID: <654DEC3D-022C-4668-A8B1-49DB9B4BA315@delong.com>

Personally, I would like to see the nomcom required to obtain at least two qualified candidates for each open seat.

Thoughts?

Owen


> On Apr 20, 2018, at 01:35 , Kris Seeburn <seeburn.k at gmail.com> wrote:
> 
> Actually, if you guys talk to the counsel you would know that 1 candidate only does not even need votes they win by acclamation. So basically there is no required votes for them to be elected.
> 
> Kris
> 
>> On 20 Apr 2018, at 11:23, Wale Adedokun <wale at forum.org.ng> wrote:
>> 
>> Dear Ali,
>> Initial nominations received by NomCom were few, which informed the extension of closure of nominations. After the extension, NomCom was not satisfied with the number nominations received so we had to source for candidates as provided in the NomCom guidelines. Unfortunately, not less than three nominees withdrew their nominations before the final slate was published. NomCom did her due diligence to ensure that good number of credible candidates are presented to the community. However, having only one candidate may not automatically mean elected.
>> 
>> regards,
>> 
>> Wale
>> 
>> Wale Adedokun, PhD
>> Event Coordinator
>> Nigeria Network Operators Group(ngNOG)
>> 
>> 2348037035811
>> wale at forum.org.ng
>> 
>> 
>> ----- ALI Hadji Mmadi <alihadji at comorestelecom.km> wrote:
>>> Dear NomCom  Members,
>>> Thanks for your efforts, but the slates show only one candidate for many positions which is not good  for this community. 
>>> Is this a signal of AFRINIC being no longer attractive for community to serve or failure of the NomCom?
>>> Regards.
>>> Ali Of Comoros
>>> 
>>> -----Message d'origine-----
>>> De : AFRINIC Communication [mailto:comm-announce at afrinic.net] 
>>> Envoy? : mardi 10 avril 2018 13:44
>>> ? : announce at afrinic.net
>>> Objet : [AFRINIC-Announce] Announcement for Final Candidate Slate for Open Seats AFRINIC Elections
>>> 
>>> [Version fran?aise ci-dessous]
>>> 
>>> 
>>> Dear Colleagues,
>>> 
>>> NomCom2018 is pleased to announce the following final candidate slate for the open seats on the AFRINIC:
>>> 
>>> 1.Board of Directors
>>> 
>>> Eastern Africa
>>> 
>>> i. Abibu Rashid Ntahigiye
>>> 
>>> Southern Africa
>>> 
>>> i. Lucky Masilela
>>> 
>>> 
>>> 2. Policy Development Working Group
>>> 
>>> i. Mark Elkins
>>> 
>>> 
>>> 3. Governance Committee
>>> 
>>> i.  Daniel Inusa Yakmut
>>> 
>>> ii. Dr. Alioune Badara Traore
>>> 
>>> 
>>> 4. Policy Development Appeal Committee
>>> 
>>> i.  Kodzo (Marcus) Gadzekpo Adomey
>>> 
>>> ii. Luc Missidimbazi 
>>> 
>>> iii. Jean-Robert Hountomey
>>> 
>>> iv. Wafa Dahmani
>>> 
>>> 
>>> Full candidate information has been published.
>>> 
>>> Governance Committee
>>> 
>>> https://afrinic.net/en/community/elections/2349-2018-governance-committee-candidate-slate
>>> 
>>> BoD
>>> 
>>> https://afrinic.net/en/community/elections/2345-2018-board-of-directors-candidate-slate
>>> 
>>> 
>>> PDWG
>>> 
>>> https://afrinic.net/en/community/elections/2351-2018-pdwg-candidate-slate
>>> 
>>> 
>>> Appeal Committee
>>> 
>>> https://afrinic.net/en/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
>>> 
>>> 
>>> The community (and members) are hereby invited to view candidate details and express any comments about the suitability of the candidates for the board position using the comment section at the URLs above.
>>> 
>>> 
>>> Election will be held during the Annual General Members' Meeting (AGMM) to be held in Dakar on 10 May 2018.
>>> 
>>> Members that will not be able to attend and/or vote physically at the AGMM are informed that there is an option for electronic voting, which will start on 27th April 2018 until 10th May 2018 and will be conducted through the MyAFRINIC portal - https://my.afrinic.net.
>>> 
>>> Members can also opt to appoint a proxy to attend the AGMM and participate on the member?s behalf, including voting in the board election and all other matters at the AGMM.
>>> 
>>> 
>>> More information is available at: https://afrinic.net/en/community/elections/bod-election/process
>>> 
>>> For any queries or clarification, please contact the nominations committee by email to nomcom2018@ afrinic. net
>>> 
>>> 
>>> 
>>> (2018 Nominations Committee) 
>>> 
>>> 
>>> ???????????????????????????????????????????????????
>>> 
>>> 
>>> 
>>> Chers coll?gues,
>>> 
>>> 
>>> 
>>> NomCom2018 a le plaisir d'annoncer la liste finale des candidats aux ?lections du :
>>> 
>>> 
>>> 1. Conseil d'administration
>>> 
>>> 
>>> Afrique de l'Est
>>> 
>>> i. Abibu Rashid Ntahigiye
>>> 
>>> 
>>> Afrique du sud 
>>> 
>>> i. Lucky Masilela
>>> 
>>> 
>>> 
>>> 2. Groupe de travail sur l'?laboration des politiques
>>> 
>>> 
>>> i. Mark Elkins
>>> 
>>> 
>>> 3. Comit? de gouvernance
>>> 
>>> 
>>> i. Daniel Inusa Yakmut
>>> 
>>> ii. Dr. Alioune Badara Traor?
>>> 
>>> 
>>> 4. Comit? d'appel de l'?laboration des politiques
>>> 
>>> 
>>> i. Kodzo (Marcus) Gadzekpo Adomey
>>> 
>>> ii. Luc Missidimbazi
>>> 
>>> iii. Jean-Robert Hountomey
>>> 
>>> iv. Wafa Dahmani
>>> 
>>> 
>>> Plus d?informations sur les candidats sont publi?es.
>>> 
>>> 
>>> Comit? de gouvernance
>>> 
>>> https://afrinic.net/fr/community/elections/2349-2018-governance-committee-candidate-slate
>>> 
>>> 
>>> BoD
>>> 
>>> https://afrinic.net/fr/community/elections/2345-2018-board-of-directors-candidate-slate
>>> 
>>> 
>>> PDWG 
>>> 
>>> https://afrinic.net/fr/communautaire/elections/2351-2018-pdwg-candidate-slate
>>> 
>>> Comit? d'Appel
>>> 
>>> https://afrinic.net/fr/community/elections/2347-2018-policy-development-appeal-committee-candidate-slate
>>> 
>>> 
>>> La communaut? (et les membres) sont invit?s ? voir les d?tails des candidats et ? formuler des commentaires sur les qualit?s personnelles des candidats pour le poste au conseil d'administration en utilisant la section des commentaires sur les URL ci-dessus.
>>> 
>>> L'?lection aura lieu lors de l'Assembl?e g?n?rale annuelle des membres (AGMM) qui se tiendra ? Dakar le 10 mai 2018.
>>> 
>>> Les membres qui ne pourront pas assister et / ou voter physiquement ? l'AGMM sont inform?s qu'il y a une option pour le vote ?lectronique, qui commencera le 27 avril 2018 jusqu'au 10 mai 2018 et sera effectu?e via le portail MyAFRINIC - https: / /my.afrinic.net.
>>> 
>>> Les membres peuvent ?galement choisir de nommer un mandataire pour assister ? l'AGMM et participer au nom du membre, y compris le vote ? l'?lection du conseil d?administration et toutes les autres questions ? l'AGMM.
>>> 
>>> Plus d'informations sont disponibles sur: https://afrinic.net/en/community/elections/bod-election/process
>>> 
>>> Pour toute question ou clarification, veuillez contacter le comit? de nomination par courriel ? nomcom2018 @ afrinic. net
>>> 
>>> 
>>> (Comit? des nominations 2018)
>>> _______________________________________________
>>> Announce mailing list
>>> Announce at afrinic.net
>>> https://lists.afrinic.net/mailman/listinfo/announce
>>> 
>>> 
>>> _______________________________________________
>>> Community-Discuss mailing list
>>> Community-Discuss at afrinic.net
>>> https://lists.afrinic.net/mailman/listinfo/community-discuss
>> 
>> 
>> _______________________________________________
>> Community-Discuss mailing list
>> Community-Discuss at afrinic.net
>> https://lists.afrinic.net/mailman/listinfo/community-discuss
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss




From jean-baptiste.millogo at orange.com  Fri Apr 20 18:07:44 2018
From: jean-baptiste.millogo at orange.com (jean-baptiste.millogo at orange.com)
Date: Fri, 20 Apr 2018 18:07:44 +0000
Subject: [Community-Discuss] upcoming elections
Message-ID: <32439_1524247665_5ADA2C71_32439_66_1_70e8553a1bdb496c8b1fe216928b691f@srvexcmbx-04.ocitnetad.ci>

Dear Community 

As we are getting closer to AIS in Dakar, there is an important issue that is I would like to raise, issue related to our elections when not taken care of may lead to an institutional crisis.
 

The bylaw states in 13.8
?13.8 In the event that there is no eligible candidate for a particular region; the Director already in office in the particular seat, shall be deemed to be re-appointed for the period ending with the date of the next election for any seat?.


Policy Development Appeal Committee ToR Section 3.2 states the following
?3.2 Insufficient Candidates
3.2.1. In the event that insufficient candidates with the necessary qualifications are available and willing to serve for any particular seat, the Board shall fill that seat by appointing a person from the AFRINIC community.?


Co-chairs
There is no provision


My questions are the following.

For board, will it be appropriate for a candidate on seat and running again, who gets rejected by majority of "no" votes, to serve another term because of lack of acceptable candidates?

What will we do with the sole candidate for co-chair if get rejected in the vote?


Thanks
JB

_________________________________________________________________________________________________________________________

Ce message et ses pieces jointes peuvent contenir des informations confidentielles ou privilegiees et ne doivent donc
pas etre diffuses, exploites ou copies sans autorisation. Si vous avez recu ce message par erreur, veuillez le signaler
a l'expediteur et le detruire ainsi que les pieces jointes. Les messages electroniques etant susceptibles d'alteration,
Orange decline toute responsabilite si ce message a ete altere, deforme ou falsifie. Merci.

This message and its attachments may contain confidential or privileged information that may be protected by law;
they should not be distributed, used or copied without authorisation.
If you have received this email in error, please notify the sender and delete this message and its attachments.
As emails may be altered, Orange is not liable for messages that have been modified, changed or falsified.
Thank you.


From alan.barrett at afrinic.net  Sat Apr 21 07:10:28 2018
From: alan.barrett at afrinic.net (Alan Barrett)
Date: Sat, 21 Apr 2018 11:10:28 +0400
Subject: [Community-Discuss] Elections with only one candidate
Message-ID: <969CC200-C6C7-4BCE-B2B4-60BE261F2424@afrinic.net>

Dear AFRINIC members and community,

I have seen some speculation about how elections with only one candidate will be handled.

We will prepare ballot papers as usual, with ?None of the above? as an additional choice.  In the case of Board elections, the requirement for a ?None of the above? choice is specified in the election process at <https://www.afrinic.net/en/community/elections/bod-election/process>, section 9.2, second bullet point:

    ? The ballot paper should provide voters with the option
      to not vote for any candidate (a.k.a. "None of the Above?).

For elections with only one candidate, the ballot would look something like this:

    TITLE OF ELECTION

    [ check box ] NAME OF CANDIDATE
    [ check box ] None of the above

For elections with multiple candidates, the ballot would be something like this:

    TITLE OF ELECTION

    [ check box ] NAME OF CANDIDATE 1
    [ check box ] NAME OF CANDIDATE 2
    [ check box ] NAME OF CANDIDATE 3
    [ check box ] None of the above

In the event that ?None of the above? wins the most votes, then the seat remains vacant for the time being.

Alan Barrett
CEO, AFRINIC




From jean-baptiste.millogo at orange.com  Sat Apr 21 15:41:12 2018
From: jean-baptiste.millogo at orange.com (jean-baptiste.millogo at orange.com)
Date: Sat, 21 Apr 2018 15:41:12 +0000
Subject: [Community-Discuss] [members-discuss] Elections with only one
	candidate
In-Reply-To: <C74E7E66-BF73-462B-AB58-CA3475DA5A9C@afrinic.net>
References: <C74E7E66-BF73-462B-AB58-CA3475DA5A9C@afrinic.net>
Message-ID: <23624_1524325283_5ADB5BA3_23624_385_1_ce54d4d7ca5b453c9ca9e93b8598fa88@srvexcmbx-04.ocitnetad.ci>

Hi Alan,

Thanks for clarifying the voting mechanisms which match my description of things.

A board seat can't be left vacant after elections held at AGMM. That is why the bylaws has the provisions in 13.8

#####
?13.8 In the event that there is no eligible candidate for a particular region; the Director already in office in the particular seat, shall be deemed to be re-appointed for the period ending with the date of the next election for any seat
#######

Thus my question of  whether it will be appropriate to apply 13.8 if voting result is "none of them"

 If  not appropriate, shall the AGMM appoint different interim director ?

What do we do if we have same case with the pdp cochair election  as current PDP has no provision for such scenario? Run PDPWG with one cochair?  Or get the Working group to elect at the PPM an interim chair?


Thanks

JB

-----Message d'origine-----
De?: Alan Barrett [mailto:alan.barrett at afrinic.net] 
Envoy??: samedi 21 avril 2018 07:11
??: AfriNIC Discuss
Objet?: [members-discuss] Elections with only one candidate

Dear AFRINIC members and community,

I have seen some speculation about how elections with only one candidate will be handled.

We will prepare ballot papers as usual, with ?None of the above? as an additional choice.  In the case of Board elections, the requirement for a ?None of the above? choice is specified in the election process at <https://www.afrinic.net/en/community/elections/bod-election/process>, section 9.2, second bullet point:

    ? The ballot paper should provide voters with the option
      to not vote for any candidate (a.k.a. "None of the Above?).

For elections with only one candidate, the ballot would look something like this:

    TITLE OF ELECTION

    [ check box ] NAME OF CANDIDATE
    [ check box ] None of the above

For elections with multiple candidates, the ballot would be something like this:

    TITLE OF ELECTION

    [ check box ] NAME OF CANDIDATE 1
    [ check box ] NAME OF CANDIDATE 2
    [ check box ] NAME OF CANDIDATE 3
    [ check box ] None of the above

In the event that ?None of the above? wins the most votes, then the seat remains vacant for the time being.

Alan Barrett
CEO, AFRINIC



_______________________________________________
Members-Discuss mailing list
Members-Discuss at afrinic.net
https://lists.afrinic.net/mailman/listinfo/members-discuss

_________________________________________________________________________________________________________________________

Ce message et ses pieces jointes peuvent contenir des informations confidentielles ou privilegiees et ne doivent donc
pas etre diffuses, exploites ou copies sans autorisation. Si vous avez recu ce message par erreur, veuillez le signaler
a l'expediteur et le detruire ainsi que les pieces jointes. Les messages electroniques etant susceptibles d'alteration,
Orange decline toute responsabilite si ce message a ete altere, deforme ou falsifie. Merci.

This message and its attachments may contain confidential or privileged information that may be protected by law;
they should not be distributed, used or copied without authorisation.
If you have received this email in error, please notify the sender and delete this message and its attachments.
As emails may be altered, Orange is not liable for messages that have been modified, changed or falsified.
Thank you.


From Andrew.Alston at liquidtelecom.com  Sat Apr 21 18:12:16 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Sat, 21 Apr 2018 18:12:16 +0000
Subject: [Community-Discuss] [members-discuss] Resolution requesting the
	boards resignation
In-Reply-To: <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
References: <6e2dde60-072a-55ae-1510-fe01ce9c5381@posix.co.za>
 <0ca3016f-93b8-78a9-8987-9bacc55cc852@tznic.or.tz>
 <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
Message-ID: <BEDEF119-19AB-4C26-B30C-5871E4CC2754@liquidtelecom.com>

Yes- I am cross posting this ? because this community ? needs to know just how little respect this board has for the community.

Yes ? the board has the right to deny a resolution put towards the floor by a member ? however ? when the resolution put before the board is a vote of no confidence in the board itself ? and the board ? in BLATANT conflict of interest chooses not to table said vote ? this shows total and utter disrespect for the community and the member base ? and puts paid to the lie that this community has any say or power in the workings of AfriNIC.

It seems to me that this board only wishes to entertain motions that are of benefit to them ? and has gone entirely rogue ? when they can decide that it is at their discretion to see if this community still has faith in them to lead ? this is nothing short of disgusting ? and I would say ? clearly indicates that the board has a fear of their own well being ? rather than what is good for AfriNIC or this community, and are now acting contrary to the bottom up approach they agreed to uphold when they took office as elected members.

AfriNIC was founded on the basis of the bottom up approach ? and it was committed to when AfriNIC was founded under ICP-2 ? and to now deny the right of a paying member to table a vote requesting the resignation of the board ? makes a total mockery of the RIR system and the ICP-2.  Especially after there was a written commitment to the membership base that this vote would be tabled and heard, which this board has now decided to retract with any valid reason.

So ? to the member base ? and to the community ? behold your board of elected representatives ? who would rather protect themselves than face a vote in their own competence ? who would deny members the write to voice their will ? this is the board that controls the money we pay to AfriNIC ? this is the board we trust to administer a critical African resource ? this is the board that we choose to entrust with what little resource we have on this continent ? this is the board we choose to believe when they stand up and wax lyrical at meetings while an examination of the Q2 and Q3 figures show that the one budget line item that is always spent 100% in line with the timing is the travel budget ? while there is under expenditure on the community outreach and community building line items.

This ? is a total and utter farce ? and I am APPALED

Andrew



From: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
Date: Saturday, 21 April 2018 at 13:07
To: Mark Elkins <mje at posix.co.za>, AFRINIC Board of Directors' List <board at afrinic.net>, "members-discuss at afrinic.net" <members-discuss at afrinic.net>
Subject: Re: [members-discuss] Resolution requesting the boards resignation


Dear Mark,

The Board at a special meeting held on the 18th of April 2018 had the opportunity to reconsider your request  to include a standard resolution in the upcoming AGMM agenda. The Board has decided not to include it in the agenda inline with section 12.14(ix) of the bylaw. However, the Board suggests that the item can be discussed during the Open Mic session should members be interested.

It is my hope that we will all continue to contribute positively to building a much stronger AFRINIC.

Thank you for your understanding and apologies for the inconvenience this might have caused.



Kind regards

On 27/03/2018 08:52, Abibu R. Ntahigiye wrote:

Dear Mark,

Apologies as the Board could not respond to your e-mail yesterday.

The Board acknowledges receipt of your mail.

The Board further reminds the Members that every member has the right to table a resolution at the AGMM.

Your proposal therefore will be added to the agenda for the coming AGMM in Senegal.

rgds

On 26/03/2018 18:53, Mark Elkins wrote:
Dear Board,
I have not received any acknowledgement of the motion as tabled by myself. Can the board please confirm that this will be placed on the AGMM agenda as per section 14 of the bylaws.

--

Mark James ELKINS  -  Posix Systems - (South) Africa

mje at posix.co.za<mailto:mje at posix.co.za>       Tel: +27.128070590  Cell: +27.826010496

For fast, reliable, low cost Internet in ZA: https://ftth.posix.co.za<https://ftth.posix.co.za>

_______________________________________________

board mailing list

board at afrinic.net<mailto:board at afrinic.net>

https://board-list.afrinic.net/mailman/listinfo/board<https://board-list.afrinic.net/mailman/listinfo/board>

--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chair, Afrinic

--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chai, Afrinic
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From Andrew.Alston at liquidtelecom.com  Sat Apr 21 18:15:13 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Sat, 21 Apr 2018 18:15:13 +0000
Subject: [Community-Discuss] [members-discuss] Resolution requesting the
	boards resignation
In-Reply-To: <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
References: <6e2dde60-072a-55ae-1510-fe01ce9c5381@posix.co.za>
 <0ca3016f-93b8-78a9-8987-9bacc55cc852@tznic.or.tz>
 <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
Message-ID: <6530D7A8-C8EF-48D4-B8CD-298201FE867A@liquidtelecom.com>

Again ? cross posted ? deliberately.

Considering that two members of the board sat in decision to deny the vote of no confidence ? and deny the membership the right to cast their ballots and indicate their trust or lack of trust in this board ? I will say this ? I for one ? am now openly advocating NOT to elect the two members ? including the chair who is standing for re-election ? if this is the total lack of faith they show towards this community.

Hence ? I am openly encouraging every single member here ? and everyone who can lay their hands on a proxy to vote in the election ? to send a message to this board ? and vote NONE OF THE ABOVE for members who were part of this farcical decision.

Andrew


From: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
Date: Saturday, 21 April 2018 at 13:07
To: Mark Elkins <mje at posix.co.za>, AFRINIC Board of Directors' List <board at afrinic.net>, "members-discuss at afrinic.net" <members-discuss at afrinic.net>
Subject: Re: [members-discuss] Resolution requesting the boards resignation


Dear Mark,

The Board at a special meeting held on the 18th of April 2018 had the opportunity to reconsider your request  to include a standard resolution in the upcoming AGMM agenda. The Board has decided not to include it in the agenda inline with section 12.14(ix) of the bylaw. However, the Board suggests that the item can be discussed during the Open Mic session should members be interested.

It is my hope that we will all continue to contribute positively to building a much stronger AFRINIC.

Thank you for your understanding and apologies for the inconvenience this might have caused.



Kind regards

On 27/03/2018 08:52, Abibu R. Ntahigiye wrote:

Dear Mark,

Apologies as the Board could not respond to your e-mail yesterday.

The Board acknowledges receipt of your mail.

The Board further reminds the Members that every member has the right to table a resolution at the AGMM.

Your proposal therefore will be added to the agenda for the coming AGMM in Senegal.

rgds

On 26/03/2018 18:53, Mark Elkins wrote:
Dear Board,
I have not received any acknowledgement of the motion as tabled by myself. Can the board please confirm that this will be placed on the AGMM agenda as per section 14 of the bylaws.

--

Mark James ELKINS  -  Posix Systems - (South) Africa

mje at posix.co.za<mailto:mje at posix.co.za>       Tel: +27.128070590  Cell: +27.826010496

For fast, reliable, low cost Internet in ZA: https://ftth.posix.co.za<https://ftth.posix.co.za>

_______________________________________________

board mailing list

board at afrinic.net<mailto:board at afrinic.net>

https://board-list.afrinic.net/mailman/listinfo/board<https://board-list.afrinic.net/mailman/listinfo/board>

--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chair, Afrinic

--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chai, Afrinic
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From Andrew.Alston at liquidtelecom.com  Sat Apr 21 19:52:55 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Sat, 21 Apr 2018 19:52:55 +0000
Subject: [Community-Discuss] FW: For attention of the NRO and the boards of
	the respective RIR's
In-Reply-To: <E49733EF-20BB-4A98-A124-9B33373629D5@liquidtelecom.com>
References: <E49733EF-20BB-4A98-A124-9B33373629D5@liquidtelecom.com>
Message-ID: <A0BA73C7-C162-4D12-925F-54A07C2542D4@liquidtelecom.com>

Forwarding this because it got blocked because of to many mail recipients.

Please note: the majority of these email addresses are open to direct emails and do not require subscription ? so those who choose to do so can email their support to the recipients

Andrew


From: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Date: Saturday, 21 April 2018 at 21:49
To: "eb at ripe.net" <eb at ripe.net>
Cc: AFRINIC Board of Directors' List <board at afrinic.net>, "paul at arin.net" <paul at arin.net>, "gaurab at lahai.com" <gaurab at lahai.com>, "exec-secretary at nro.net" <exec-secretary at nro.net>, "jcurran at arin.net" <jcurran at arin.net>, "comunicaciones at lacnic.net" <comunicaciones at lacnic.net>, Discussions of AFRINIC <community-discuss at afrinic.net>, "members-discuss at afrinic.net" <members-discuss at afrinic.net>, "board at arin.net" <board at arin.net>, "aaron at arin.net" <aaron at arin.net>, "german at nro.net" <german at nro.net>
Subject: For attention of the NRO and the boards of the respective RIR's

Attention:

The RIPE Board,
The ARIN Board,
The APNIC Board,
The LACNIC Board,
The Number Resource Organisation

CC: The AFRINIC Board of Directors
The AFRINIC Community Discussion list
The AFRINIC Members Discussion list

Dear RIR Members and the Number Resource Organisation,

I am writing this as an open letter to you ? and I am copying the membership base and the community discussion list for AFRINIC so that they can choose to add their voices of support to what follows should they choose to do so.

In recent times, a full member of AFRINIC chose to table a vote of no confidence in the board of AFRINIC, to be heard at the upcoming AGMM meeting.  Now, irrespective of the reasons for the vote, it is my belief that any elected body should submit themselves to the will of the members and should a member choose to table such a vote, the board of an RIR should be willing to allow the vote to proceed ? and to honor the outcome.  Failure to do this is a direct violation of the bottom up approach agreed to when an RIR is formed and agrees to the contents of ICP-2.

It needs to also be stated ? that the resolution of no confidence was not only acknowledged by the board of AFRINIC and in an email to the members on the 27th of March the board of AFRINIC had actually agreed to table said resolution.  The board then chose on the 18th of April to withdraw this and state without any reason that the vote would not be tabled.  In light of this, I feel this email is now more than justified.

For many years the RIR system has had the bottom up approach as fundamental to its existence, in the belief that the ISP?s and users of address space should be the ones that are in control of the resources that are critical to their functioning.  For an RIR board to refuse to table a vote from a member wishing to test if the board still maintains the confidence of the community that elected it, makes a mockery of the entire system, and it goes to prove that at least in the African scenario, the members truly are without say and without any power in their own destiny.

I write this now to appeal to the NRO and the boards of the RIRs ? to examine this situation and then ? if possible ? to find a way to show the AFRINIC board the error of its ways, and to stand for the openness, transparency and inclusivity that exemplifies our global community.  To stand for the bottom up approach which for so many years has been the cornerstone of the RIR system, and indeed the internet itself.

It is not without reservation that I write this appeal, and it is a sad day, when myself, as a proud African, am turning to the rest of the world in such an appeal for help, but once we reach a situation where our elected representatives refuse to honor the precepts of the system, I see little recourse beyond this path.

It is also well known that many of you will be in attendance at the AGMM where this vote was meant to be tabled ? and as has been acknowledged there is even a meeting between the AFRINIC board and the board of RIPE NCC scheduled to occur during the course of this event.  I would say to the board of RIPE, and to the board members of the other RIR?s ? please ? be wary of lending legitimacy to a board that refuses to submit to a vote of no confidence by it?s members, because it is my opinion that by such a refusal, they themselves indicate they are not sure that they still hold the confidence of the member base.  I appeal to the boards of the other RIR?s to engage with the AFRINIC board only on the issue of preserving the bottom up approach and allowing the AFRINIC members to have a free and fair say.

I believe in the bottom up approach, I believe in the right of members of an RIR to be heard, and to control their own destiny, and I believe that a violation of the bottom up approach threatens not just AFRINIC but the entire RIR system ? and as such, I appeal to you once more ? please ? if there is anything that can be done to assist in this matter, help is now required ? for the good of the Internet as a whole.

Yours Sincerely

Andrew Alston




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From virtual.borg at gmail.com  Sun Apr 22 03:56:56 2018
From: virtual.borg at gmail.com (Chevalier du Borg)
Date: Sun, 22 Apr 2018 07:56:56 +0400
Subject: [Community-Discuss] FW: For attention of the NRO and the boards
 of the respective RIR's
In-Reply-To: <A0BA73C7-C162-4D12-925F-54A07C2542D4@liquidtelecom.com>
References: <E49733EF-20BB-4A98-A124-9B33373629D5@liquidtelecom.com>
 <A0BA73C7-C162-4D12-925F-54A07C2542D4@liquidtelecom.com>
Message-ID: <CAH5aO8eQx_mUAA=XfteqNZve=4F=96H9v0q7KT2Zp9ROfi-Mkg@mail.gmail.com>

2018-04-21 23:52 GMT+04:00 Andrew Alston <Andrew.Alston at liquidtelecom.com>:

>
>
>
>
>
> In recent times, a full member of AFRINIC chose to table a vote of no
> confidence in the board of AFRINIC, to be heard at the upcoming AGMM
> meeting.  Now, irrespective of the reasons for the vote, it is my belief
> that any elected body should submit themselves to the will of the members
> and should a member choose to table such a vote, the board of an RIR should
> be willing to allow the vote to proceed ? and to honor the outcome.
>



If relevant board procedue have been followed to table resolution, then i
support that resolution be table. Or maybe do an e-vote on the issue, i
don't see reason why it must wait till Dakar.



> Acknowledged by the board of AFRINIC and in an email to the members on the
> 27th of March the board of AFRINIC had actually agreed to table said
> resolution.  The board then chose on the 18th of April to withdraw this
> and state without any reason that the vote would not be tabled.
>



Board chair do say it can be on open mic. Not sure whether it is vote
during open mic or just another complain and then we ignore you session.





>
>
> It is not without reservation that I write this appeal, and it is a sad
> day, when myself, as a proud African, am turning to the rest of the world
> in such an appeal for help, but once we reach a situation where our elected
> representatives refuse to honor the precepts of the system, I see little
> recourse beyond this path.
>



Rather than call on these outside people who cannot really change anything
here, maybe membership should refuse to discuss on any other item until
vote issue is table and clear.

If member cannot do that, no other board, or NRO can really do nothing.



>
>
> and as has been acknowledged there is even a meeting between the AFRINIC
> board and the board of RIPE NCC scheduled to occur during the course of
> this event.
>


Instead of a 3 to 4 hour meeting once a year with RIPE board, which will
hardly accomplish anything, maybe AFRINIC should give it new board member
mandatory training in how a Directeur do their job and how that is measure.




>   I would say to the board of RIPE, and to the board members of the other
> RIR?s ? please ? be wary of lending legitimacy to a board that refuses to
> submit to a vote of no confidence by it?s members,
>


Legitimacy of AFRINIC board depend on AFRINIC community and member. Not
board of another RIR



>
>

-- 
Borg le Chevalier
___________________________________
"Common sense is what tells us the world is flat"
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From Andrew.Alston at liquidtelecom.com  Sun Apr 22 05:15:43 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Sun, 22 Apr 2018 05:15:43 +0000
Subject: [Community-Discuss] FW: For attention of the NRO and the boards
 of the respective RIR's
In-Reply-To: <CAH5aO8eQx_mUAA=XfteqNZve=4F=96H9v0q7KT2Zp9ROfi-Mkg@mail.gmail.com>
References: <E49733EF-20BB-4A98-A124-9B33373629D5@liquidtelecom.com>
 <A0BA73C7-C162-4D12-925F-54A07C2542D4@liquidtelecom.com>
 <CAH5aO8eQx_mUAA=XfteqNZve=4F=96H9v0q7KT2Zp9ROfi-Mkg@mail.gmail.com>
Message-ID: <19538E89-8A90-4353-9469-D8D6F5DD81FC@liquidtelecom.com>

Chevalier,



  *   If relevant board procedue have been followed to table resolution, then i support that resolution be table. Or maybe do an e-vote on the issue, i don't see reason why it must wait till Dakar.

The procedure was followed ? on the 27th of March the board acknowledged the resolution and committed to having it heard  ? they then withdrew that and stated it would not be heard.



  *   Board chair do say it can be on open mic. Not sure whether it is vote during open mic or just another complain and then we ignore you session.

The AGMM works by resolution ? the bylaws clearly lay out a process for members putting motions on the floor ? and without a formal resolution ? the community is powerless ? the board has stripped this community of their power by their actions here



  *   Rather than call on these outside people who cannot really change anything here, maybe membership should refuse to discuss on any other item until vote issue is table and clear.


  *   If member cannot do that, no other board, or NRO can really do nothing.

Sadly ? I am in partial agreement with you ? but ? we form part of a much larger system ? and the appeal also serves as a notification to the rest of the world.  It has long been said that the ITU and other organisations are waiting for the RIR system to fail ? to try and capture it ? and I see no greater danger than for an RIR board to defy the bottom up process and violate the very precepts that the system is built on in this regard.  It threatens not only AFRINIC but the entire system when a board chooses to ignore its members.



  *   Instead of a 3 to 4 hour meeting once a year with RIPE board, which will hardly accomplish anything, maybe AFRINIC should give it new board member mandatory training in how a Directeur do their job and how that is measure.

I agree ? but let that training be done by external personnel, because it is quite clear the current board does not have the capacity to do their own jobs, never mind train anyone else to do the job.



  *   Legitimacy of AFRINIC board depend on AFRINIC community and member. Not board of another RIR

 Legitimacy is twofold in this context, yes, legitimacy amongst the members, and I would argue that the board refuses to let that legitimacy be tested for fear they would find it no longer exists, but in the wider context, there is legitimacy before the NRO, before the RIR system.  Remember, once we run out of address space in Africa, and when we get to the point where we will have to participate in the transfer market to get more addresses, this interaction with other RIR?s will be critical, unless a global RIR is founded.  I also point out that the global RIR as proposed through the LACNIC region  proposes a joint effort between the RIR?s ? and I ask how our current RIR with its board can ever take its place at that table when they refuse to let the membership put forward a resolution to see if they still carry the trust of this organisation.

Andrew
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From rbiramah at ipi9.com  Sun Apr 22 08:17:56 2018
From: rbiramah at ipi9.com (Raz BIRAMAH)
Date: Sun, 22 Apr 2018 09:17:56 +0100
Subject: [Community-Discuss] For attention of the NRO and the boards of
 the respective RIR's
In-Reply-To: <19538E89-8A90-4353-9469-D8D6F5DD81FC@liquidtelecom.com>
References: <E49733EF-20BB-4A98-A124-9B33373629D5@liquidtelecom.com>
 <A0BA73C7-C162-4D12-925F-54A07C2542D4@liquidtelecom.com>
 <CAH5aO8eQx_mUAA=XfteqNZve=4F=96H9v0q7KT2Zp9ROfi-Mkg@mail.gmail.com>
 <19538E89-8A90-4353-9469-D8D6F5DD81FC@liquidtelecom.com>
Message-ID: <96401578-F10B-45A8-9BEC-C8F7C091BFC8@ipi9.com>

Ch?re communaut?
Chers membres du conseil

Dans toute organisation qui clame un temps soit peu un fonctionnement ? d?mocratique ? ou de ? bottom up ?, quand survient un doute de la base sur la confiance accord?e ? ses dirigeants, la moindre des choses est que ces dirigeants demande ? ceux qu?ils sont cens?s repr?senter, un renouvellement de confiance pour continuer ? exercer leur fonction.

Je ne pense pas qu?il soit dans l?int?r?t de personne dans cette communaut? que nos dirigeants soient l?objet d?un manque de confiance de la part de la base. Il y a eu une s?rieuse vague de d?sapprobation, du peu que j?ai lu ici, sur le conseil actuel, et je pense qu?il est de bon sens que ce conseil demande tout simplement ? la base un renouvellement de confiance pour justement mieux adresser les probl?mes que les derni?res situations ont r?v?l?s dans notre organisation. Et cette demande ne peux juste pas se faire ? travers un Open Mic qui par d?finition est juste, si je ne me trompe, une tribune pour exprimer un point de vue ? porter ? la connaissance des participants ? l?assembl?e g?n?rale.

Aux membres actuels du conseil:
dois-je comprendre que vous estimez qu?il n?y a aucun probl?me de confiance de la part de la communaut?? Dois-je comprendre qu?il vous plairait de diriger une communaut? sachant qu?une partie de cette communaut? n?a plus confiance en vous? Je crois qu?il n?y a rien de glorieux ? se vanter d??tre dirigeant si ceux qu?on dirige n?ont aucune confiance en vous. Et la seule fa?on de le savoir, ? mon humble avis, est de leur poser la question, de nous poser la question, ? partir du moment o? des voix (et pas une seule) ce sont lev?es dans la communaut? dans ce sens.

Et je vais finir par ceci: si vous ?tes si confiants que la communaut? ? toujours confiance en vous pour continuer dans votre position, alors passer par un vote de confiance ne serait qu?une formalit? pour vous et vous en ressortirez encore plus grandis et surtout confort?s dans vos fonction vis ? vis de ceux qui se plaignent de vous.

Merci,

Raz

 <http://twitter.com/ipi9net>

> Le 22 avr. 2018 ? 06:15, Andrew Alston <Andrew.Alston at liquidtelecom.com> a ?crit :
> 
> Chevalier,
>  
>  
> If relevant board procedue have been followed to table resolution, then i support that resolution be table. Or maybe do an e-vote on the issue, i don't see reason why it must wait till Dakar.
>  
> The procedure was followed ? on the 27th of March the board acknowledged the resolution and committed to having it heard  ? they then withdrew that and stated it would not be heard. 
>  
>  
> Board chair do say it can be on open mic. Not sure whether it is vote during open mic or just another complain and then we ignore you session.
>  
> The AGMM works by resolution ? the bylaws clearly lay out a process for members putting motions on the floor ? and without a formal resolution ? the community is powerless ? the board has stripped this community of their power by their actions here
>  
>  
> Rather than call on these outside people who cannot really change anything here, maybe membership should refuse to discuss on any other item until vote issue is table and clear.
>  
> If member cannot do that, no other board, or NRO can really do nothing.
>  
> Sadly ? I am in partial agreement with you ? but ? we form part of a much larger system ? and the appeal also serves as a notification to the rest of the world.  It has long been said that the ITU and other organisations are waiting for the RIR system to fail ? to try and capture it ? and I see no greater danger than for an RIR board to defy the bottom up process and violate the very precepts that the system is built on in this regard.  It threatens not only AFRINIC but the entire system when a board chooses to ignore its members.
>  
>  
> Instead of a 3 to 4 hour meeting once a year with RIPE board, which will hardly accomplish anything, maybe AFRINIC should give it new board member mandatory training in how a Directeur do their job and how that is measure.
>  
> I agree ? but let that training be done by external personnel, because it is quite clear the current board does not have the capacity to do their own jobs, never mind train anyone else to do the job.
>  
>  
> Legitimacy of AFRINIC board depend on AFRINIC community and member. Not board of another RIR
>  
>  Legitimacy is twofold in this context, yes, legitimacy amongst the members, and I would argue that the board refuses to let that legitimacy be tested for fear they would find it no longer exists, but in the wider context, there is legitimacy before the NRO, before the RIR system.  Remember, once we run out of address space in Africa, and when we get to the point where we will have to participate in the transfer market to get more addresses, this interaction with other RIR?s will be critical, unless a global RIR is founded.  I also point out that the global RIR as proposed through the LACNIC region  proposes a joint effort between the RIR?s ? and I ask how our current RIR with its board can ever take its place at that table when they refuse to let the membership put forward a resolution to see if they still carry the trust of this organisation.
>  
> Andrew
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>

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From Andrew.Alston at liquidtelecom.com  Sun Apr 22 12:59:09 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Sun, 22 Apr 2018 12:59:09 +0000
Subject: [Community-Discuss] The decision to deny the no confidence
	resolution
Message-ID: <1FD12934-511F-4B9D-A473-D677E917B3F9@liquidtelecom.com>

Dear AFRINIC Board,

As is well known ? board decisions can only be taken by resolution ? therefore ? it is safe to assume that a resolution was taken to deny the motion as tabled by Mark Elkins from being held at the AGMM.

I am now asking this board:

Please reveal to this community the following:


  1.  Who voted against this resolution being heard
  2.  Who voted for this resolution to be heard
  3.  Was the vote unanimous

Should the board choose to dodge accountability and not answer this ? which would prevent this community from being able to hold its elected representatives accountable for a decision that flies in the face of the bottom up approach and is entirely contrary to the precepts on which RIR?s are founded ? so be it ? however ? if this occurs I then will say this:

To the individual members of the board ? by supporting the quashing of a vote of no confidence ? you yourselves are complicit in this action ? and if you have a shred of integrity ? and if you truly stand for the bottom up approach embraced by the RIR system ? you ? as an individual board member ? in light of this blatant violation of member trust ? will tender for your resignation forthwith ? or forever be known as part of the board that decided it stood the system and above its members. I appeal to the members of the board who have integrity ? who are true and honest to the system ? to show this community that they will not stand for this blatant violation of trust, of good corporate governance and will not be complicit in a decision marred by conflict of interest.

If a board member truly voted against the decision ? and that is revealed ? clearly ? only then are they absolved ? failing that ? let them resign and show this community they have character.  Alternatively ? let this community hold the entire board collectively responsible.

Andrew

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From sander at steffann.nl  Sun Apr 22 16:50:33 2018
From: sander at steffann.nl (Sander Steffann)
Date: Sun, 22 Apr 2018 18:50:33 +0200
Subject: [Community-Discuss] [members-discuss] Resolution requesting the
	boards resignation
In-Reply-To: <BEDEF119-19AB-4C26-B30C-5871E4CC2754@liquidtelecom.com>
References: <6e2dde60-072a-55ae-1510-fe01ce9c5381@posix.co.za>
 <0ca3016f-93b8-78a9-8987-9bacc55cc852@tznic.or.tz>
 <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
 <BEDEF119-19AB-4C26-B30C-5871E4CC2754@liquidtelecom.com>
Message-ID: <2FE0A4C8-B6AD-412F-B5EF-499FD112B4D1@steffann.nl>

Hello,

> Dear Mark,
> 
> The Board at a special meeting held on the 18th of April 2018 had the opportunity to reconsider your request  to include a standard resolution in the upcoming AGMM agenda. The Board has decided not to include it in the agenda inline with section 12.14(ix) of the bylaw.
> 
When I first read this my response was WTF. Since then my wording has only gotten stronger so I will not write it on this list.
> However, the Board suggests that the item can be discussed during the Open Mic session should members be interested.
> 
This is no substitution for a vote...

I am not a member of afrinic, so I have no vote in this. But as a member of the global internet community I am appalled by the behaviour of our sister RIR. A board that uses a top-down attitude to silence bottom-up complaints from its constituency has no place in this community.

Cheers,
Sander



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From owen at delong.com  Sun Apr 22 17:32:34 2018
From: owen at delong.com (Owen DeLong)
Date: Sun, 22 Apr 2018 10:32:34 -0700
Subject: [Community-Discuss] [members-discuss] Resolution requesting the
 boards resignation
In-Reply-To: <2FE0A4C8-B6AD-412F-B5EF-499FD112B4D1@steffann.nl>
References: <6e2dde60-072a-55ae-1510-fe01ce9c5381@posix.co.za>
 <0ca3016f-93b8-78a9-8987-9bacc55cc852@tznic.or.tz>
 <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
 <BEDEF119-19AB-4C26-B30C-5871E4CC2754@liquidtelecom.com>
 <2FE0A4C8-B6AD-412F-B5EF-499FD112B4D1@steffann.nl>
Message-ID: <49980936-6740-4053-9442-132217F53241@delong.com>

+1

I must condemn this action by the AfriNIC board in the strongest possible terms.

Choosing to sweep aside the community?s desire to hold a vote by resolution, offering to discuss at open mic as if it were a viable alternative is as insulting to the community as it is inappropriate for the board.

I urge the board to reconsider this action and restore the resolution to the agenda.

The board has now placed itself in a lose-lose position with regard to this matter.

If they refuse to restore the item to the agenda, both the AfriNIC community and global observers can only assume that the board is cowering in fear because they know such a vote would pass, thus the board has lost the confidence of the membership and should resign. 

If they restore the item to the agenda, this action will surely have encouraged some who may have previously planned on voting against it to change their minds, making the vote even more likely to pass.

Nonetheless, since the board has, in all likelihood lost the confidence of the membership, the board should either permit the vote to proceed as planned and act in accordance with the outcome, or, the board should begin planning for a special election which will replace the entire board as soon as practicable.

Cowering behind procedure in an effort to limit the ability of the membership to manage the bottom up process within the organization is contrary to the spirit and intent of virtually every document in existence related to the creation, operation, and purpose of an RIR.

While documents such as ICP-2 did not consider the prospect of an RIR acting in bad faith or the need to de-certify an RIR, and while as I understand it, the NRO documents virtually all require the unanimity of all member RIRs in order to act, I believe the following are true:

	1.	The current election cycle may well be tainted.
	2.	The next election cycle the membership will almost certainly insist on each board
		position having at least one candidate who is not affiliated with the current board.
	3.	The following election cycle will likely be the same.

So the board can, by this action, effectively hang on to power for 2 more years, but that?s about all it can accomplish.

Now, on the current path, perhaps the board can completely destroy the organization within that time, but let?s all hope it doesn?t come to that.

Again, for the sake of the entire RIR system, I urge the board to either allow this resolution to be noticed and considered by the AfriNIC members at the AGMM, or, to put in place an orderly process for election of replacement directors at the earliest practical time and immediately tender their resignations to be effective upon the completion of such election.

While I?m not a member of AfriNIC, the potential consequences if the AfriNIC board fails to allow this resolution to proceed stretch well beyond the AfriNIC service region and therefore cannot be ignored by the global community.

Owen


> On Apr 22, 2018, at 09:50 , Sander Steffann <sander at steffann.nl> wrote:
> 
> Hello,
> 
> Dear Mark,
>> 
>> The Board at a special meeting held on the 18th of April 2018 had the opportunity to reconsider your request  to include a standard resolution in the upcoming AGMM agenda. The Board has decided not to include it in the agenda inline with section 12.14(ix) of the bylaw.
>> 
> When I first read this my response was WTF. Since then my wording has only gotten stronger so I will not write it on this list.
>> However, the Board suggests that the item can be discussed during the Open Mic session should members be interested.
>> 
> This is no substitution for a vote...
> 
> I am not a member of afrinic, so I have no vote in this. But as a member of the global internet community I am appalled by the behaviour of our sister RIR. A board that uses a top-down attitude to silence bottom-up complaints from its constituency has no place in this community.
> 
> Cheers,
> Sander
> 
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net <mailto:Community-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/community-discuss <https://lists.afrinic.net/mailman/listinfo/community-discuss>
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From rbiramah at ipi9.com  Sun Apr 22 22:28:54 2018
From: rbiramah at ipi9.com (Raz BIRAMAH)
Date: Sun, 22 Apr 2018 23:28:54 +0100
Subject: [Community-Discuss] [members-discuss] Resolution requesting the
 boards resignation
In-Reply-To: <2FE0A4C8-B6AD-412F-B5EF-499FD112B4D1@steffann.nl>
References: <6e2dde60-072a-55ae-1510-fe01ce9c5381@posix.co.za>
 <0ca3016f-93b8-78a9-8987-9bacc55cc852@tznic.or.tz>
 <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
 <BEDEF119-19AB-4C26-B30C-5871E4CC2754@liquidtelecom.com>
 <2FE0A4C8-B6AD-412F-B5EF-499FD112B4D1@steffann.nl>
Message-ID: <022764D8-EFE3-47E5-BF56-97D30D546B1B@ipi9.com>

+1

Raz
 <http://twitter.com/ipi9net>

> Le 22 avr. 2018 ? 17:50, Sander Steffann <sander at steffann.nl> a ?crit :
> 
> Hello,
> 
> Dear Mark,
>> 
>> The Board at a special meeting held on the 18th of April 2018 had the opportunity to reconsider your request  to include a standard resolution in the upcoming AGMM agenda. The Board has decided not to include it in the agenda inline with section 12.14(ix) of the bylaw.
>> 
> When I first read this my response was WTF. Since then my wording has only gotten stronger so I will not write it on this list.
>> However, the Board suggests that the item can be discussed during the Open Mic session should members be interested.
>> 
> This is no substitution for a vote...
> 
> I am not a member of afrinic, so I have no vote in this. But as a member of the global internet community I am appalled by the behaviour of our sister RIR. A board that uses a top-down attitude to silence bottom-up complaints from its constituency has no place in this community.
> 
> Cheers,
> Sander
> 
> 
> 
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss

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From saul at enetworks.co.za  Mon Apr 23 07:37:51 2018
From: saul at enetworks.co.za (Saul Stein)
Date: Mon, 23 Apr 2018 09:37:51 +0200 (SAST)
Subject: [Community-Discuss] [members-discuss] Resolution requesting the
	boards resignation
In-Reply-To: <49980936-6740-4053-9442-132217F53241@delong.com>
References: <6e2dde60-072a-55ae-1510-fe01ce9c5381@posix.co.za>
 <0ca3016f-93b8-78a9-8987-9bacc55cc852@tznic.or.tz>
 <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
 <BEDEF119-19AB-4C26-B30C-5871E4CC2754@liquidtelecom.com>
 <2FE0A4C8-B6AD-412F-B5EF-499FD112B4D1@steffann.nl>
 <49980936-6740-4053-9442-132217F53241@delong.com>
Message-ID: <55fe01d3dad5$fbec8f70$f3c5ae50$@enetworks.co.za>

I think that this raises and answers other questions.

The board hides behind ?redacted? minutes of meetings. Minutes should be 
able to be published within a week. With nothing to hide, there should not 
be a problem. The wonderful thing about a fact is that it is just that: the 
truth and it will always be that and one doesn?t need to remember different 
stories!



The way board members vote is important to know. They are representing us, 
the voters, the community. They need to know that they are beholden to us. I 
elect a board member based on what he stands for, if he no longer does that 
after his election, he/she needs to know that I?ll be beating on his door 
and he won?t be getting my vote again!



A vote of no confidence was tabled and accepted. It has now been rejected. I 
am not going to repeat the words of others, I agree with all that has been 
said, but to add, we deserve the right to know who voted how to remove this 
item from the agenda.



I think that is why we don?t have a choice and sufficient candidates to 
elect.

No-one worth voting for is prepared to tarnish their name by association 
with the current board. (this is not hearsay, I have heard that there are 
those that are prepared to stand on a clean board)



Saul





Saul

From: Owen DeLong [mailto:owen at delong.com]
Sent: 22 April 2018 07:33 PM
To: Sander Steffann <sander at steffann.nl>
Cc: General Discussions of AFRINIC <community-discuss at afrinic.net>; AFRINIC 
Board of Directors' List <board at afrinic.net>; members-discuss at afrinic.net
Subject: Re: [Community-Discuss] [members-discuss] Resolution requesting the 
boards resignation



+1



I must condemn this action by the AfriNIC board in the strongest possible 
terms.



Choosing to sweep aside the community?s desire to hold a vote by resolution, 
offering to discuss at open mic as if it were a viable alternative is as 
insulting to the community as it is inappropriate for the board.



I urge the board to reconsider this action and restore the resolution to the 
agenda.



The board has now placed itself in a lose-lose position with regard to this 
matter.



If they refuse to restore the item to the agenda, both the AfriNIC community 
and global observers can only assume that the board is cowering in fear 
because they know such a vote would pass, thus the board has lost the 
confidence of the membership and should resign.



If they restore the item to the agenda, this action will surely have 
encouraged some who may have previously planned on voting against it to 
change their minds, making the vote even more likely to pass.



Nonetheless, since the board has, in all likelihood lost the confidence of 
the membership, the board should either permit the vote to proceed as 
planned and act in accordance with the outcome, or, the board should begin 
planning for a special election which will replace the entire board as soon 
as practicable.



Cowering behind procedure in an effort to limit the ability of the 
membership to manage the bottom up process within the organization is 
contrary to the spirit and intent of virtually every document in existence 
related to the creation, operation, and purpose of an RIR.



While documents such as ICP-2 did not consider the prospect of an RIR acting 
in bad faith or the need to de-certify an RIR, and while as I understand it, 
the NRO documents virtually all require the unanimity of all member RIRs in 
order to act, I believe the following are true:



            1.         The current election cycle may well be tainted.

            2.         The next election cycle the membership will almost 
certainly insist on each board

                        position having at least one candidate who is not 
affiliated with the current board.

            3.         The following election cycle will likely be the same.



So the board can, by this action, effectively hang on to power for 2 more 
years, but that?s about all it can accomplish.



Now, on the current path, perhaps the board can completely destroy the 
organization within that time, but let?s all hope it doesn?t come to that.



Again, for the sake of the entire RIR system, I urge the board to either 
allow this resolution to be noticed and considered by the AfriNIC members at 
the AGMM, or, to put in place an orderly process for election of replacement 
directors at the earliest practical time and immediately tender their 
resignations to be effective upon the completion of such election.



While I?m not a member of AfriNIC, the potential consequences if the AfriNIC 
board fails to allow this resolution to proceed stretch well beyond the 
AfriNIC service region and therefore cannot be ignored by the global 
community.



Owen







On Apr 22, 2018, at 09:50 , Sander Steffann <sander at steffann.nl 
<mailto:sander at steffann.nl> > wrote:



Hello,


Dear Mark,


The Board at a special meeting held on the 18th of April 2018 had the 
opportunity to reconsider your request  to include a standard resolution in 
the upcoming AGMM agenda. The Board has decided not to include it in the 
agenda inline with section 12.14(ix) of the bylaw.

When I first read this my response was WTF. Since then my wording has only 
gotten stronger so I will not write it on this list.

However, the Board suggests that the item can be discussed during the Open 
Mic session should members be interested.

This is no substitution for a vote...



I am not a member of afrinic, so I have no vote in this. But as a member of 
the global internet community I am appalled by the behaviour of our sister 
RIR. A board that uses a top-down attitude to silence bottom-up complaints 
from its constituency has no place in this community.



Cheers,

Sander







_______________________________________________
Community-Discuss mailing list
 <mailto:Community-Discuss at afrinic.net> Community-Discuss at afrinic.net
 <https://lists.afrinic.net/mailman/listinfo/community-discuss> 
https://lists.afrinic.net/mailman/listinfo/community-discuss



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From Andrew.Alston at liquidtelecom.com  Mon Apr 23 14:37:49 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Mon, 23 Apr 2018 14:37:49 +0000
Subject: [Community-Discuss] [members-discuss] Resolution requesting the
 boards resignation
In-Reply-To: <55fe01d3dad5$fbec8f70$f3c5ae50$@enetworks.co.za>
References: <6e2dde60-072a-55ae-1510-fe01ce9c5381@posix.co.za>
 <0ca3016f-93b8-78a9-8987-9bacc55cc852@tznic.or.tz>
 <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
 <BEDEF119-19AB-4C26-B30C-5871E4CC2754@liquidtelecom.com>
 <2FE0A4C8-B6AD-412F-B5EF-499FD112B4D1@steffann.nl>
 <49980936-6740-4053-9442-132217F53241@delong.com>
 <55fe01d3dad5$fbec8f70$f3c5ae50$@enetworks.co.za>
Message-ID: <FE478767-0FEA-470E-A3EC-D1E3F7895CFE@liquidtelecom.com>

+1 Saul ? I happen to know of several people in both East and South that have said they are not prepared to tarnish their names and are not prepared to sit on a board where they are in the minority and the board is prone to doing things that violate the bottom up principles and act without a care for their members.

I think though the most scary comment I had today was from a *massive* global content provider ? who unfortunately I cannot name ? who said ? and I quote ?I hope this gets resolved and you end up with a trustworthy board.  I understand the need for these actions, but this is unsettling for business in the region?

Basically ? this is now beginning to show signs of potentially affecting investment on the continent ? thanks to the boards callous attitude.  This has to be sorted out ? and fast

Andrew


From: Saul Stein <saul at enetworks.co.za>
Date: Monday, 23 April 2018 at 09:40
To: Owen DeLong <owen at delong.com>, Sander Steffann <sander at steffann.nl>
Cc: General Discussions of AFRINIC <community-discuss at afrinic.net>, AFRINIC Board of Directors' List <board at afrinic.net>, "members-discuss at afrinic.net" <members-discuss at afrinic.net>
Subject: Re: [Community-Discuss] [members-discuss] Resolution requesting the boards resignation

I think that this raises and answers other questions.
The board hides behind ?redacted? minutes of meetings. Minutes should be able to be published within a week. With nothing to hide, there should not be a problem. The wonderful thing about a fact is that it is just that: the truth and it will always be that and one doesn?t need to remember different stories!

The way board members vote is important to know. They are representing us, the voters, the community. They need to know that they are beholden to us. I elect a board member based on what he stands for, if he no longer does that after his election, he/she needs to know that I?ll be beating on his door and he won?t be getting my vote again!

A vote of no confidence was tabled and accepted. It has now been rejected. I am not going to repeat the words of others, I agree with all that has been said, but to add, we deserve the right to know who voted how to remove this item from the agenda.

I think that is why we don?t have a choice and sufficient candidates to elect.
No-one worth voting for is prepared to tarnish their name by association with the current board. (this is not hearsay, I have heard that there are those that are prepared to stand on a clean board)

Saul


Saul
From: Owen DeLong [mailto:owen at delong.com]
Sent: 22 April 2018 07:33 PM
To: Sander Steffann <sander at steffann.nl>
Cc: General Discussions of AFRINIC <community-discuss at afrinic.net>; AFRINIC Board of Directors' List <board at afrinic.net>; members-discuss at afrinic.net
Subject: Re: [Community-Discuss] [members-discuss] Resolution requesting the boards resignation

+1

I must condemn this action by the AfriNIC board in the strongest possible terms.

Choosing to sweep aside the community?s desire to hold a vote by resolution, offering to discuss at open mic as if it were a viable alternative is as insulting to the community as it is inappropriate for the board.

I urge the board to reconsider this action and restore the resolution to the agenda.

The board has now placed itself in a lose-lose position with regard to this matter.

If they refuse to restore the item to the agenda, both the AfriNIC community and global observers can only assume that the board is cowering in fear because they know such a vote would pass, thus the board has lost the confidence of the membership and should resign.

If they restore the item to the agenda, this action will surely have encouraged some who may have previously planned on voting against it to change their minds, making the vote even more likely to pass.

Nonetheless, since the board has, in all likelihood lost the confidence of the membership, the board should either permit the vote to proceed as planned and act in accordance with the outcome, or, the board should begin planning for a special election which will replace the entire board as soon as practicable.

Cowering behind procedure in an effort to limit the ability of the membership to manage the bottom up process within the organization is contrary to the spirit and intent of virtually every document in existence related to the creation, operation, and purpose of an RIR.

While documents such as ICP-2 did not consider the prospect of an RIR acting in bad faith or the need to de-certify an RIR, and while as I understand it, the NRO documents virtually all require the unanimity of all member RIRs in order to act, I believe the following are true:

            1.         The current election cycle may well be tainted.
            2.         The next election cycle the membership will almost certainly insist on each board
                        position having at least one candidate who is not affiliated with the current board.
            3.         The following election cycle will likely be the same.

So the board can, by this action, effectively hang on to power for 2 more years, but that?s about all it can accomplish.

Now, on the current path, perhaps the board can completely destroy the organization within that time, but let?s all hope it doesn?t come to that.

Again, for the sake of the entire RIR system, I urge the board to either allow this resolution to be noticed and considered by the AfriNIC members at the AGMM, or, to put in place an orderly process for election of replacement directors at the earliest practical time and immediately tender their resignations to be effective upon the completion of such election.

While I?m not a member of AfriNIC, the potential consequences if the AfriNIC board fails to allow this resolution to proceed stretch well beyond the AfriNIC service region and therefore cannot be ignored by the global community.

Owen




On Apr 22, 2018, at 09:50 , Sander Steffann <sander at steffann.nl<mailto:sander at steffann.nl>> wrote:

Hello,

Dear Mark,

The Board at a special meeting held on the 18th of April 2018 had the opportunity to reconsider your request  to include a standard resolution in the upcoming AGMM agenda. The Board has decided not to include it in the agenda inline with section 12.14(ix) of the bylaw.
When I first read this my response was WTF. Since then my wording has only gotten stronger so I will not write it on this list.
However, the Board suggests that the item can be discussed during the Open Mic session should members be interested.
This is no substitution for a vote...

I am not a member of afrinic, so I have no vote in this. But as a member of the global internet community I am appalled by the behaviour of our sister RIR. A board that uses a top-down attitude to silence bottom-up complaints from its constituency has no place in this community.

Cheers,
Sander



_______________________________________________
Community-Discuss mailing list
Community-Discuss at afrinic.net<mailto:Community-Discuss at afrinic.net>
https://lists.afrinic.net/mailman/listinfo/community-discuss<https://lists.afrinic.net/mailman/listinfo/community-discuss>

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From boubakarbarry at gmail.com  Mon Apr 23 18:18:30 2018
From: boubakarbarry at gmail.com (Boubakar Barry)
Date: Mon, 23 Apr 2018 18:18:30 +0000
Subject: [Community-Discuss] [members-discuss] Resolution requesting the
 boards resignation
In-Reply-To: <FE478767-0FEA-470E-A3EC-D1E3F7895CFE@liquidtelecom.com>
References: <6e2dde60-072a-55ae-1510-fe01ce9c5381@posix.co.za>
 <0ca3016f-93b8-78a9-8987-9bacc55cc852@tznic.or.tz>
 <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
 <BEDEF119-19AB-4C26-B30C-5871E4CC2754@liquidtelecom.com>
 <2FE0A4C8-B6AD-412F-B5EF-499FD112B4D1@steffann.nl>
 <49980936-6740-4053-9442-132217F53241@delong.com>
 <55fe01d3dad5$fbec8f70$f3c5ae50$@enetworks.co.za>
 <FE478767-0FEA-470E-A3EC-D1E3F7895CFE@liquidtelecom.com>
Message-ID: <CAGrBSSiHwx6CrrezKOhk8akzXTUgbE67-ETxGiZUXvC3tpf+hA@mail.gmail.com>

Sorry, but what is this? I restrain myself to say some words.

I, and many others on these lists can claim having received even more *
*massive** global content providers stating this or that.

I stood in Tunis on the floor in 2015 and asked the Board, which you were
part of, to resign. History has shown that you all should have done so at
that time. But all of you - including you - resisted and managed to get
only 2 of you "sacrificed" as scape goats.

I also asked this current Board to resign; weeks ago.

So, please, don't play hero here. You have been part of the problem, and
maybe still are part of it.

You should rather have kept low profile now if you were wise. And not
jumping up and down. Make your point and relax; it's as simple as that.

Boubakar

On Mon, Apr 23, 2018 at 2:37 PM, Andrew Alston <
Andrew.Alston at liquidtelecom.com> wrote:

> +1 Saul ? I happen to know of several people in both East and South that
> have said they are not prepared to tarnish their names and are not prepared
> to sit on a board where they are in the minority and the board is prone to
> doing things that violate the bottom up principles and act without a care
> for their members.
>
>
>
> I think though the most scary comment I had today was from a **massive**
> global content provider ? who unfortunately I cannot name ? who said ? and
> I quote ?I hope this gets resolved and you end up with a trustworthy
> board.  I understand the need for these actions, but this is unsettling for
> business in the region?
>
>
>
> Basically ? this is now beginning to show signs of potentially affecting
> investment on the continent ? thanks to the boards callous attitude.  This
> has to be sorted out ? and fast
>
>
>
> Andrew
>
>
>
>
>
> *From: *Saul Stein <saul at enetworks.co.za>
> *Date: *Monday, 23 April 2018 at 09:40
> *To: *Owen DeLong <owen at delong.com>, Sander Steffann <sander at steffann.nl>
> *Cc: *General Discussions of AFRINIC <community-discuss at afrinic.net>,
> AFRINIC Board of Directors' List <board at afrinic.net>, "
> members-discuss at afrinic.net" <members-discuss at afrinic.net>
>
> *Subject: *Re: [Community-Discuss] [members-discuss] Resolution
> requesting the boards resignation
>
>
>
> I think that this raises and answers other questions.
>
> The board hides behind ?redacted? minutes of meetings. Minutes should be
> able to be published within a week. With nothing to hide, there should not
> be a problem. The wonderful thing about a fact is that it is just that: the
> truth and it will always be that and one doesn?t need to remember different
> stories!
>
>
>
> The way board members vote is important to know. They are representing us,
> the voters, the community. They need to know that they are beholden to us.
> I elect a board member based on what he stands for, if he no longer does
> that after his election, he/she needs to know that I?ll be beating on his
> door and he won?t be getting my vote again!
>
>
>
> A vote of no confidence was tabled and accepted. It has now been rejected.
> I am not going to repeat the words of others, I agree with all that has
> been said, but to add, we deserve the right to know who voted how to remove
> this item from the agenda.
>
>
>
> I think that is why we don?t have a choice and sufficient candidates to
> elect.
>
> No-one worth voting for is prepared to tarnish their name by association
> with the current board. (this is not hearsay, I have heard that there are
> those that are prepared to stand on a clean board)
>
>
>
> Saul
>
>
>
>
>
> *Saul*
>
> *From:* Owen DeLong [mailto:owen at delong.com]
> *Sent:* 22 April 2018 07:33 PM
> *To:* Sander Steffann <sander at steffann.nl>
> *Cc:* General Discussions of AFRINIC <community-discuss at afrinic.net>;
> AFRINIC Board of Directors' List <board at afrinic.net>;
> members-discuss at afrinic.net
> *Subject:* Re: [Community-Discuss] [members-discuss] Resolution
> requesting the boards resignation
>
>
>
> +1
>
>
>
> I must condemn this action by the AfriNIC board in the strongest possible
> terms.
>
>
>
> Choosing to sweep aside the community?s desire to hold a vote by
> resolution, offering to discuss at open mic as if it were a viable
> alternative is as insulting to the community as it is inappropriate for the
> board.
>
>
>
> I urge the board to reconsider this action and restore the resolution to
> the agenda.
>
>
>
> The board has now placed itself in a lose-lose position with regard to
> this matter.
>
>
>
> If they refuse to restore the item to the agenda, both the AfriNIC
> community and global observers can only assume that the board is cowering
> in fear because they know such a vote would pass, thus the board has lost
> the confidence of the membership and should resign.
>
>
>
> If they restore the item to the agenda, this action will surely have
> encouraged some who may have previously planned on voting against it to
> change their minds, making the vote even more likely to pass.
>
>
>
> Nonetheless, since the board has, in all likelihood lost the confidence of
> the membership, the board should either permit the vote to proceed as
> planned and act in accordance with the outcome, or, the board should begin
> planning for a special election which will replace the entire board as soon
> as practicable.
>
>
>
> Cowering behind procedure in an effort to limit the ability of the
> membership to manage the bottom up process within the organization is
> contrary to the spirit and intent of virtually every document in existence
> related to the creation, operation, and purpose of an RIR.
>
>
>
> While documents such as ICP-2 did not consider the prospect of an RIR
> acting in bad faith or the need to de-certify an RIR, and while as I
> understand it, the NRO documents virtually all require the unanimity of all
> member RIRs in order to act, I believe the following are true:
>
>
>
>             1.         The current election cycle may well be tainted.
>
>             2.         The next election cycle the membership will almost
> certainly insist on each board
>
>                         position having at least one candidate who is not
> affiliated with the current board.
>
>             3.         The following election cycle will likely be the
> same.
>
>
>
> So the board can, by this action, effectively hang on to power for 2 more
> years, but that?s about all it can accomplish.
>
>
>
> Now, on the current path, perhaps the board can completely destroy the
> organization within that time, but let?s all hope it doesn?t come to that.
>
>
>
> Again, for the sake of the entire RIR system, I urge the board to either
> allow this resolution to be noticed and considered by the AfriNIC members
> at the AGMM, or, to put in place an orderly process for election of
> replacement directors at the earliest practical time and immediately tender
> their resignations to be effective upon the completion of such election.
>
>
>
> While I?m not a member of AfriNIC, the potential consequences if the
> AfriNIC board fails to allow this resolution to proceed stretch well beyond
> the AfriNIC service region and therefore cannot be ignored by the global
> community.
>
>
>
> Owen
>
>
>
>
>
>
> On Apr 22, 2018, at 09:50 , Sander Steffann <sander at steffann.nl> wrote:
>
>
>
> Hello,
>
>
> Dear Mark,
>
>
> The Board at a special meeting held on the 18th of April 2018 had the
> opportunity to reconsider your request  to include a standard resolution in
> the upcoming AGMM agenda. The Board has decided not to include it in the
> agenda inline with section 12.14(ix) of the bylaw.
>
> When I first read this my response was WTF. Since then my wording has only
> gotten stronger so I will not write it on this list.
>
> However, the Board suggests that the item can be discussed during the Open
> Mic session should members be interested.
>
> This is no substitution for a vote...
>
>
>
> I am not a member of afrinic, so I have no vote in this. But as a member
> of the global internet community I am appalled by the behaviour of our
> sister RIR. A board that uses a top-down attitude to silence bottom-up
> complaints from its constituency has no place in this community.
>
>
>
> Cheers,
>
> Sander
>
>
>
>
>
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>
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From Andrew.Alston at liquidtelecom.com  Tue Apr 24 11:08:20 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Tue, 24 Apr 2018 11:08:20 +0000
Subject: [Community-Discuss] [members-discuss] Fwd: Re: Resolution
 requesting the boards resignation
In-Reply-To: <c1445f6b-c045-1520-cad7-44961e8c343f@tznic.or.tz>
References: <98af21e7-f9c6-c08e-e364-5da953c975b2@tznic.or.tz>
 <c1445f6b-c045-1520-cad7-44961e8c343f@tznic.or.tz>
Message-ID: <E3899F1B-3CC7-4322-81CF-AA9EC5CBA383@liquidtelecom.com>

Dear Chair,

Let me now add a few things ? because while we all appreciate this boards attempts as use of clever semantics to avoid accountability and liability for their actions ? let me add a few things:

I point you to:

(ii) A Member may give written notice to the Board of a matter which the Member proposes to raise for discussion or resolution at the next Annual General Member Meeting called under Article 11.1 of this Constitution at which the Member is entitled to vote
(iii) Where the notice is received by the Board not less than 28 days before the last day on which notice of the relevant Annual General Members' Meeting is required to be given by the Board, the Board shall, at the expense of the Company, give notice of the Member's proposal and the text of any proposed resolution to all members entitled to receive notice of the Meeting.

That states ? ANY resolution ? it does not limit it special resolutions ? therefore you are REQUIRED under 12.14.ii to give notice and put it on the agenda.

12.2.(e) may explicitly state something for special resolutions ? it does NOT exclude resolutions ? which are CLEARLY covered in 12.14.ii and 12.14.iii ? and so the board is flat wrong in this regard.

Furthermore ? had the board had concerns about this resolution ? the board opted to accept said resolution within the time frame for modification (before the notice of the meeting was due and without cost to the member) instead ? the board waited till close to a month after the notice was issued well past the deadlines specified in section 12.14.iii and 12.14.iv ? and excuse my scepticism ? but it is my personal belief that this was no accident on behalf of the board.

Please can this board stop trying to play games ? you have a member wishing to test the confidence in this community in this board ? you have multiple members who have expressed a similar desire on this list ? and still you attempt to treat this community with contempt by implying that we will fall for semantics and twisting of words to avoid the accountability of a vote.

If indeed this board STILL refuses to table this vote though ? then you leave this community no option but to seek other recourse.

Andrew


From: "Abibu R. Ntahigiye" <abibu at tznic.or.tz>
Date: Tuesday, 24 April 2018 at 12:21
To: Mark Elkins <mje at posix.co.za>, "members-discuss at afrinic.net" <members-discuss at afrinic.net>, AFRINIC Board of Directors' List <board at afrinic.net>
Subject: [members-discuss] Fwd: Re: Resolution requesting the boards resignation

Dear Mark and all AFRINIC Members,

The Board would like to give further details on the matter as follows:

1. On 23rd March 2018 the Board received a proposal from Mark Elkins for a motion of no confidence in the Board;

2. The Board agreed in good faith to add Mark Elkins' proposal to the agenda, and communicated that on 26th March 2018. This was however meant to be after consideration by the Board;

3. At a special Board meeting held on 18th April 2018 to approve AGMM 2018 agenda, the Board received legal advice that it was impossible to place the item on the agenda due to the fact that it was a standard resolution and not special resolution (Article 12.2 (e));

4. Having received the Legal Counsel?s advice and further clarifications, the Board approved an AGMM agenda that omitted the proposal from Mark Elkins. There was no specific vote to include or exclude Mark Elkin's proposal but rather a vote to approve the AGMM agenda ;

5. The Board would like to point out that not all resolutions submitted to the Board should be included on the AGMM agenda. It is not automatic. The submissions have to be considered by the Board with the guidance of the Constitution, Legal Counsel's advise, while balancing the interests of the organisation and community as applicable in a way that ensures stability of the organisation;

6. It should be made clear that the Board Members have no fear of being voted out from the volunteer positions.  If members think that the Board has committed a serious offence warranting such action, then they need to do it in a way that will not put the company at risk and that follows the Constitution;
7. The Board is willing to put the resolution proposed by Mark Elkins on the Agenda of the upcoming AGMM, if it is resubmitted as a special resolution;


Finally, the Board are volunteers elected by the membership.  The Board will endeavour to work in the interest of the Organisation, the Members, and the Community, but the Board also needs to comply with laws, bylaws, and regulations.  In view of this, the Board seeks the understanding of the community in supporting the Board in a constructive and less confrontational manner. The board will continue to serve the community faithfully following the bottom up process and in accordance with the constitution.

rgds

--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chair, Afrinic

-------- Forwarded Message --------
Subject:

Re: [members-discuss] Resolution requesting the boards resignation

Date:

Sat, 21 Apr 2018 14:00:24 +0300

From:

Abibu R. Ntahigiye <abibu at tznic.or.tz><mailto:abibu at tznic.or.tz>

To:

Mark Elkins <mje at posix.co.za><mailto:mje at posix.co.za>, AFRINIC Board of Directors' List <board at afrinic.net><mailto:board at afrinic.net>, members-discuss at afrinic.net<mailto:members-discuss at afrinic.net>



Dear Mark,

The Board at a special meeting held on the 18th of April 2018 had the opportunity to reconsider your request  to include a standard resolution in the upcoming AGMM agenda. The Board has decided not to include it in the agenda inline with section 12.14(ix) of the bylaw. However, the Board suggests that the item can be discussed during the Open Mic session should members be interested.

It is my hope that we will all continue to contribute positively to building a much stronger AFRINIC.

Thank you for your understanding and apologies for the inconvenience this might have caused.



Kind regards

On 27/03/2018 08:52, Abibu R. Ntahigiye wrote:

Dear Mark,

Apologies as the Board could not respond to your e-mail yesterday.

The Board acknowledges receipt of your mail.

The Board further reminds the Members that every member has the right to table a resolution at the AGMM.

Your proposal therefore will be added to the agenda for the coming AGMM in Senegal.

rgds

On 26/03/2018 18:53, Mark Elkins wrote:
Dear Board,
I have not received any acknowledgement of the motion as tabled by myself. Can the board please confirm that this will be placed on the AGMM agenda as per section 14 of the bylaws.

--

Mark James ELKINS  -  Posix Systems - (South) Africa

mje at posix.co.za<mailto:mje at posix.co.za>       Tel: +27.128070590  Cell: +27.826010496

For fast, reliable, low cost Internet in ZA: https://ftth.posix.co.za<https://ftth.posix.co.za>

_______________________________________________

board mailing list

board at afrinic.net<mailto:board at afrinic.net>

https://board-list.afrinic.net/mailman/listinfo/board<https://board-list.afrinic.net/mailman/listinfo/board>

--

Abibu R. Ntahigiye



CEO, tzNIC / Interim Chair, Afrinic
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From Alain.Aina at wacren.net  Wed Apr 25 08:21:13 2018
From: Alain.Aina at wacren.net (ALAIN AINA)
Date: Wed, 25 Apr 2018 08:21:13 +0000
Subject: [Community-Discuss] [members-discuss] FW: For attention of the
 NRO and the boards of the respective RIR's
In-Reply-To: <5E865E5A-D9BC-4296-BF25-5155A52A8D86@liquidtelecom.com>
References: <E49733EF-20BB-4A98-A124-9B33373629D5@liquidtelecom.com>
 <5E865E5A-D9BC-4296-BF25-5155A52A8D86@liquidtelecom.com>
Message-ID: <6289B47B-753E-4A88-ABA4-F1CA8B3D7C4A@wacren.net>

Dear Community,

Recent developments at AFRINIC involving board chair and staff has raised  general indignation in this community which as individuals, stood up to condemn and asked for the appropriate actions and measures be taken. As expected, we saw resistance and interpretation of laws, morals and behaviours. A resolution was proposed  to demand vote of no confidence on the whole board as board was seen as reluctant to invoke article 14.1(III) of the bylaws, which is the only mechanism to remove a board member.

Since then, former chair has resigned from the board, and folks think it was time to turn the page of the resolution and focus on the issues raised by the board and staff incident: 
- investigate and clarify responsibilities,
-  take actions against wrongdoers, 
- take actions in favour of the victims, 
- review board and management governance and practices to prevent this in the future and
- restore  good work ambiance at AFRINIC

Apparently this view was not shared by all. Some still want  the vote of no confidence and the board decision to not include the point on the agenda  for the AGMM, invoking  article 12.14(IX), created another turbulence in the air. 

Why should  we be selective in the application  of the bylaws or the company act ? is it not our  collective responsibility to respect and follow the bylaws which governs our operations? how long will it take for us to learn that laws and regulations apply to all and we shall constantly seek the best for the community and the organisation and not favour our personal and direct interests ? 

Have we forgotten that  bottom-up and community-driven were recently always challenged and opposed to Bylaws and company act ?

Before Tunis 2015 and following the Tunis incident, part of this community has been asking for a complete review of AFRINIC accountability after several years of operations and to adapt to  new developments and comply to current best practices. A major request is  to review AFRINIC legal status and  give power and mechanisms to members to recall board members.

AFRINIC accountability review : A long way, a structural problem to solve

Late 2015 board engaged in an accountability review?  a public summary of the review results  was published in may 2016.  https://www.afrinic.net/images/AFRINICRIRAccountabilityAssessment-PublicSummary-20160518.pdf 
 
In June 2016,  some propositions( in 12 points)  of amendments to the bylaws based on the review  were  submitted to the community for discussions by the board.  https://lists.afrinic.net/pipermail/community-discuss/attachments/20160610/86196c1f/attachment.pdf 

As  one can see, the point of giving power and mechanisms to members to recall board members was not taken into account. 

After some long but interesting discussions, other points including the recall of board members were added, making the total of proposed changes to 17 from  the 12 originally proposed by board.  https://lists.afrinic.net/pipermail/community-discuss/attachments/20161104/cc58b033/attachment.pdf

All suggestions for a consensual amendment of the bylaws as a whole were ignored  in favour of voting on 17  independent resolutions. Unsurprisingly  the results  are what we got. The resolution on board member recall was also rejected as was seen to target specific board members.

Afterwards, the community was told that the GC will be formed and one of its 1st priority will be another accountability review with focus on community requests which did not pass. Nothing has pop up since.

We have seen enough developments to  convince all  that the new accountability review is a must. Let create a favorable environment for it and the required amendments to proceedings implemented as soon as possible.

In the meantime, let us refocus. I call upon the board to show a clear plan for the  accountability review as well as for the reviews  and actions required  from the recent  board-staff incident.  

===
Board web page can tell those  were serving when this review and bylaws changes were conducted, same as  list archives available to tell how  things went or were managed. 


Hope this helps

?Alain





> On 21 Apr 2018, at 19:51, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Forwarding this since it got moderated because of two many recipients
>  
> From: Andrew Alston <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>>
> Date: Saturday, 21 April 2018 at 21:49
> To: "eb at ripe.net <mailto:eb at ripe.net>" <eb at ripe.net <mailto:eb at ripe.net>>
> Cc: AFRINIC Board of Directors' List <board at afrinic.net <mailto:board at afrinic.net>>, "paul at arin.net <mailto:paul at arin.net>" <paul at arin.net <mailto:paul at arin.net>>, "gaurab at lahai.com <mailto:gaurab at lahai.com>" <gaurab at lahai.com <mailto:gaurab at lahai.com>>, "exec-secretary at nro.net <mailto:exec-secretary at nro.net>" <exec-secretary at nro.net <mailto:exec-secretary at nro.net>>, "jcurran at arin.net <mailto:jcurran at arin.net>" <jcurran at arin.net <mailto:jcurran at arin.net>>, "comunicaciones at lacnic.net <mailto:comunicaciones at lacnic.net>" <comunicaciones at lacnic.net <mailto:comunicaciones at lacnic.net>>, Discussions of AFRINIC <community-discuss at afrinic.net <mailto:community-discuss at afrinic.net>>, "members-discuss at afrinic.net <mailto:members-discuss at afrinic.net>" <members-discuss at afrinic.net <mailto:members-discuss at afrinic.net>>, "board at arin.net <mailto:board at arin.net>" <board at arin.net <mailto:board at arin.net>>, "aaron at arin.net <mailto:aaron at arin.net>" <aaron at arin.net <mailto:aaron at arin.net>>, "german at nro.net <mailto:german at nro.net>" <german at nro.net <mailto:german at nro.net>>
> Subject: For attention of the NRO and the boards of the respective RIR's
>  
> Attention:
>  
> The RIPE Board,
> The ARIN Board,
> The APNIC Board,
> The LACNIC Board,
> The Number Resource Organisation
>  
> CC: The AFRINIC Board of Directors
> The AFRINIC Community Discussion list
> The AFRINIC Members Discussion list
>  
> Dear RIR Members and the Number Resource Organisation,
>  
> I am writing this as an open letter to you ? and I am copying the membership base and the community discussion list for AFRINIC so that they can choose to add their voices of support to what follows should they choose to do so.  
>  
> In recent times, a full member of AFRINIC chose to table a vote of no confidence in the board of AFRINIC, to be heard at the upcoming AGMM meeting.  Now, irrespective of the reasons for the vote, it is my belief that any elected body should submit themselves to the will of the members and should a member choose to table such a vote, the board of an RIR should be willing to allow the vote to proceed ? and to honor the outcome.  Failure to do this is a direct violation of the bottom up approach agreed to when an RIR is formed and agrees to the contents of ICP-2.
>  
> It needs to also be stated ? that the resolution of no confidence was not only acknowledged by the board of AFRINIC and in an email to the members on the 27th of March the board of AFRINIC had actually agreed to table said resolution.  The board then chose on the 18th of April to withdraw this and state without any reason that the vote would not be tabled.  In light of this, I feel this email is now more than justified.
>  
> For many years the RIR system has had the bottom up approach as fundamental to its existence, in the belief that the ISP?s and users of address space should be the ones that are in control of the resources that are critical to their functioning.  For an RIR board to refuse to table a vote from a member wishing to test if the board still maintains the confidence of the community that elected it, makes a mockery of the entire system, and it goes to prove that at least in the African scenario, the members truly are without say and without any power in their own destiny. 
>  
> I write this now to appeal to the NRO and the boards of the RIRs ? to examine this situation and then ? if possible ? to find a way to show the AFRINIC board the error of its ways, and to stand for the openness, transparency and inclusivity that exemplifies our global community.  To stand for the bottom up approach which for so many years has been the cornerstone of the RIR system, and indeed the internet itself.
>  
> It is not without reservation that I write this appeal, and it is a sad day, when myself, as a proud African, am turning to the rest of the world in such an appeal for help, but once we reach a situation where our elected representatives refuse to honor the precepts of the system, I see little recourse beyond this path.
>  
> It is also well known that many of you will be in attendance at the AGMM where this vote was meant to be tabled ? and as has been acknowledged there is even a meeting between the AFRINIC board and the board of RIPE NCC scheduled to occur during the course of this event.  I would say to the board of RIPE, and to the board members of the other RIR?s ? please ? be wary of lending legitimacy to a board that refuses to submit to a vote of no confidence by it?s members, because it is my opinion that by such a refusal, they themselves indicate they are not sure that they still hold the confidence of the member base.  I appeal to the boards of the other RIR?s to engage with the AFRINIC board only on the issue of preserving the bottom up approach and allowing the AFRINIC members to have a free and fair say.
>  
> I believe in the bottom up approach, I believe in the right of members of an RIR to be heard, and to control their own destiny, and I believe that a violation of the bottom up approach threatens not just AFRINIC but the entire RIR system ? and as such, I appeal to you once more ? please ? if there is anything that can be done to assist in this matter, help is now required ? for the good of the Internet as a whole.
>  
> Yours Sincerely
>  
> Andrew Alston
>  
>  
>  
>  
> _______________________________________________
> Members-Discuss mailing list
> Members-Discuss at afrinic.net <mailto:Members-Discuss at afrinic.net>
> https://lists.afrinic.net/mailman/listinfo/members-discuss <https://lists.afrinic.net/mailman/listinfo/members-discuss>

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From noah at neo.co.tz  Wed Apr 25 18:01:36 2018
From: noah at neo.co.tz (Noah)
Date: Wed, 25 Apr 2018 18:01:36 +0000
Subject: [Community-Discuss] [members-discuss] FW: For attention of the
 NRO and the boards of the respective RIR's
In-Reply-To: <6289B47B-753E-4A88-ABA4-F1CA8B3D7C4A@wacren.net>
References: <E49733EF-20BB-4A98-A124-9B33373629D5@liquidtelecom.com>
 <5E865E5A-D9BC-4296-BF25-5155A52A8D86@liquidtelecom.com>
 <6289B47B-753E-4A88-ABA4-F1CA8B3D7C4A@wacren.net>
Message-ID: <CAEqgTWZHnepF6C_WXj+hB4Y77dO5xkLtmLpABnqrJ_pUDFDE3g@mail.gmail.com>

On Wed, Apr 25, 2018 at 8:21 AM, ALAIN AINA <Alain.Aina at wacren.net> wrote:

> Dear Community,
>
> Recent developments at AFRINIC involving board chair and staff has raised
> general indignation in this community which as individuals, stood up to
> condemn and asked for the appropriate actions and measures be taken. As
> expected, we saw resistance and interpretation of laws, morals and
> behaviours. A resolution was proposed  to demand vote of no confidence on
> the whole board as board was seen as reluctant to invoke article 14.1(III)
> of the bylaws, which is the only mechanism to remove a board member.
>
> Since then, former chair has resigned from the board, and folks think it
> was time to turn the page of the resolution and focus on the issues raised
> by the board and staff incident:
> - investigate and clarify responsibilities,
> -  take actions against wrongdoers,
> - take actions in favour of the victims,
> - review board and management governance and practices to prevent this in
> the future and
> - restore  good work ambiance at AFRINIC
>
> Apparently this view was not shared by all. Some still want  the vote of
> no confidence and the board decision to not include the point on the
> agenda  for the AGMM, invoking  article 12.14(IX), created another
> turbulence in the air.
>
> Why should  we be selective in the application  of the bylaws or the
> company act ? is it not our  collective responsibility to respect and
> follow the bylaws which governs our operations? how long will it take for
> us to learn that laws and regulations apply to all and we shall constantly
> seek the best for the community and the organisation and not favour our
> personal and direct interests ?
>
> Have we forgotten that  bottom-up and community-driven were recently
> always challenged and opposed to Bylaws and company act ?
>
> Before Tunis 2015 and following the Tunis incident, part of this community
> has been asking for a complete review of AFRINIC accountability after
> several years of operations and to adapt to  new developments and comply to
> current best practices. A major request is  to review AFRINIC legal status
> and  give power and mechanisms to members to recall board members.
>
> AFRINIC accountability review : A long way, a structural problem to solve
>
> Late 2015 board engaged in an accountability review?  a public summary of
> the review results  was published in may 2016.  https://www.afrinic.net/
> images/AFRINICRIRAccountabilityAssessment-PublicSummary-20160518.pdf
>
>
> In June 2016,  some propositions( in 12 points)  of amendments to the
> bylaws based on the review  were  submitted to the community for
> discussions by the board.  https://lists.afrinic.net/
> pipermail/community-discuss/attachments/20160610/86196c1f/attachment.pdf
>
> As  one can see, the point of giving power and mechanisms to members to
> recall board members was not taken into account.
>
> After some long but interesting discussions, other points including the
> recall of board members were added, making the total of proposed changes to
> 17 from  the 12 originally proposed by board.  https://lists.afrinic.net/
> pipermail/community-discuss/attachments/20161104/cc58b033/attachment.pdf
>
> All suggestions for a consensual amendment of the bylaws as a whole were
> ignored  in favour of voting on 17  independent resolutions.
> Unsurprisingly  the results  are what we got. The resolution on board
> member recall was also rejected as was seen to target specific board
> members.
>
> Afterwards, the community was told that the GC will be formed and one of
> its 1st priority will be another accountability review with focus on
> community requests which did not pass. Nothing has pop up since.
>
> We have seen enough developments to  convince all  that the new
> accountability review is a must. Let create a favorable environment for it
> and the required amendments to proceedings implemented as soon as possible.
>


I must say, you have broken down the issues in a very chronological manner
and i couldn't agree more.



> In the meantime, let us refocus. I call upon the board to show a clear
> plan for the  accountability review as well as for the reviews  and actions
> required  from the recent  board-staff incident.
>

+1 to this and I also look forward to the anticipated report on the
board-staff matter as 30th April is around the corner.



>
>
> ===
> Board web page can tell those  were serving when this review and bylaws
> changes were conducted, same as  list archives available to tell how
> things went or were managed.
>
>
> Hope this helps
>
> ?Alain
>
>
Noah
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From biaous2002 at gmail.com  Wed Apr 25 18:25:01 2018
From: biaous2002 at gmail.com (Ramanou S. BIAOU)
Date: Wed, 25 Apr 2018 18:25:01 +0000
Subject: [Community-Discuss] [members-discuss] FW: For attention of the
 NRO and the boards of the respective RIR's
In-Reply-To: <CAEqgTWZHnepF6C_WXj+hB4Y77dO5xkLtmLpABnqrJ_pUDFDE3g@mail.gmail.com>
References: <E49733EF-20BB-4A98-A124-9B33373629D5@liquidtelecom.com>
 <5E865E5A-D9BC-4296-BF25-5155A52A8D86@liquidtelecom.com>
 <6289B47B-753E-4A88-ABA4-F1CA8B3D7C4A@wacren.net>
 <CAEqgTWZHnepF6C_WXj+hB4Y77dO5xkLtmLpABnqrJ_pUDFDE3g@mail.gmail.com>
Message-ID: <CAN65CNwTZt8pHhqAsVA+PfiaAXW9Dk3h+8sdoZ+2YQwRRvg9Gg@mail.gmail.com>

Thank you very much Alain for all this clarification.
It is important that the legal status are respected.

The community needs to be attentive to that.

Regards,
Ramanou

2018-04-25 18:01 GMT+00:00 Noah <noah at neo.co.tz>:

>
>
> On Wed, Apr 25, 2018 at 8:21 AM, ALAIN AINA <Alain.Aina at wacren.net> wrote:
>
>> Dear Community,
>>
>> Recent developments at AFRINIC involving board chair and staff has
>> raised  general indignation in this community which as individuals, stood
>> up to condemn and asked for the appropriate actions and measures be taken.
>> As expected, we saw resistance and interpretation of laws, morals and
>> behaviours. A resolution was proposed  to demand vote of no confidence on
>> the whole board as board was seen as reluctant to invoke article 14.1(III)
>> of the bylaws, which is the only mechanism to remove a board member.
>>
>> Since then, former chair has resigned from the board, and folks think it
>> was time to turn the page of the resolution and focus on the issues raised
>> by the board and staff incident:
>> - investigate and clarify responsibilities,
>> -  take actions against wrongdoers,
>> - take actions in favour of the victims,
>> - review board and management governance and practices to prevent this in
>> the future and
>> - restore  good work ambiance at AFRINIC
>>
>> Apparently this view was not shared by all. Some still want  the vote of
>> no confidence and the board decision to not include the point on the
>> agenda  for the AGMM, invoking  article 12.14(IX), created another
>> turbulence in the air.
>>
>> Why should  we be selective in the application  of the bylaws or the
>> company act ? is it not our  collective responsibility to respect and
>> follow the bylaws which governs our operations? how long will it take for
>> us to learn that laws and regulations apply to all and we shall constantly
>> seek the best for the community and the organisation and not favour our
>> personal and direct interests ?
>>
>> Have we forgotten that  bottom-up and community-driven were recently
>> always challenged and opposed to Bylaws and company act ?
>>
>> Before Tunis 2015 and following the Tunis incident, part of this
>> community has been asking for a complete review of AFRINIC accountability
>> after several years of operations and to adapt to  new developments and
>> comply to current best practices. A major request is  to review AFRINIC
>> legal status and  give power and mechanisms to members to recall board
>> members.
>>
>> AFRINIC accountability review : A long way, a structural problem to solve
>>
>> Late 2015 board engaged in an accountability review?  a public summary of
>> the review results  was published in may 2016.
>> https://www.afrinic.net/images/AFRINICRIRAccountabilityAsses
>> sment-PublicSummary-20160518.pdf
>>
>>
>> In June 2016,  some propositions( in 12 points)  of amendments to the
>> bylaws based on the review  were  submitted to the community for
>> discussions by the board.  https://lists.afrinic.net/pipe
>> rmail/community-discuss/attachments/20160610/86196c1f/attachment.pdf
>>
>> As  one can see, the point of giving power and mechanisms to members to
>> recall board members was not taken into account.
>>
>> After some long but interesting discussions, other points including the
>> recall of board members were added, making the total of proposed changes to
>> 17 from  the 12 originally proposed by board.
>> https://lists.afrinic.net/pipermail/community-discuss/attach
>> ments/20161104/cc58b033/attachment.pdf
>>
>> All suggestions for a consensual amendment of the bylaws as a whole were
>> ignored  in favour of voting on 17  independent resolutions.
>> Unsurprisingly  the results  are what we got. The resolution on board
>> member recall was also rejected as was seen to target specific board
>> members.
>>
>> Afterwards, the community was told that the GC will be formed and one of
>> its 1st priority will be another accountability review with focus on
>> community requests which did not pass. Nothing has pop up since.
>>
>> We have seen enough developments to  convince all  that the new
>> accountability review is a must. Let create a favorable environment for it
>> and the required amendments to proceedings implemented as soon as possible.
>>
>
>
> I must say, you have broken down the issues in a very chronological manner
> and i couldn't agree more.
>
>
>
>> In the meantime, let us refocus. I call upon the board to show a clear
>> plan for the  accountability review as well as for the reviews  and actions
>> required  from the recent  board-staff incident.
>>
>
> +1 to this and I also look forward to the anticipated report on the
> board-staff matter as 30th April is around the corner.
>
>
>
>>
>>
>> ===
>> Board web page can tell those  were serving when this review and bylaws
>> changes were conducted, same as  list archives available to tell how
>> things went or were managed.
>>
>>
>> Hope this helps
>>
>> ?Alain
>>
>>
> Noah
>
> _______________________________________________
> Community-Discuss mailing list
> Community-Discuss at afrinic.net
> https://lists.afrinic.net/mailman/listinfo/community-discuss
>
>


-- 

*--BIAOU Ramanou**--*
--www.biaou.net--
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From wafa at ati.tn  Sun Apr 29 15:59:22 2018
From: wafa at ati.tn (wafa DAHMANI)
Date: Sun, 29 Apr 2018 16:59:22 +0100 (CET)
Subject: [Community-Discuss] Independent investigation
Message-ID: <1551473444.2293.1525017562814.JavaMail.zimbra@ati.tn>

Dear Community, 

Please refer to the investigation assignment given to the Governance Committee by the AfriNIC Board. 

The GC appointed an investigation team to carry out investigations on 9th April 2018 . The investigation team was to issue a report to the GC by the 23rd April 2018. This was to enable the GC make its report, ready for board consideration by the 30th April 2018. 

During the investigation, the appointed investigation team requested for additional time to carry out work on some issues which needed more time. The GC granted the investigation team an additional 4 days to finalize their report. 

Consequently, the Governance Committee will not be able to report to the board by the 30th April 2018. The new timeline will be 4th May 2018. 

Best Regards, 

Governance Committee 
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From Andrew.Alston at liquidtelecom.com  Mon Apr 30 04:08:05 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Mon, 30 Apr 2018 04:08:05 +0000
Subject: [Community-Discuss] Independent investigation
In-Reply-To: <1551473444.2293.1525017562814.JavaMail.zimbra@ati.tn>
References: <1551473444.2293.1525017562814.JavaMail.zimbra@ati.tn>
Message-ID: <HE1PR0301MB25705EB44B4CA988021CC716EE820@HE1PR0301MB2570.eurprd03.prod.outlook.com>

Wafa,

I have a number of questions and some comments on this.

Firstly ? is the GC prepared to reveal who makes up this investigation team ? since this is critical to the neutrality of the report
Secondly ? Considering that there are elections coming up and it is entirely possible that the results of this investigation could implicate the entire board as regards their actions taken in response to this mess, for the GC to come back and announce a delay that runs into the start of the AIS week ? and to announce this only after the issue was queried on a public list ? is in my view simply unacceptable.

If the GC knew there would be a delay ? surely it would have been wise to announce said delay at the time it was known so that those of us who are casting votes in the upcoming election, and also dealing with this boards refusal to table certain resolutions, could have made decisions?  I fail to see how it is in the interests of good corporate governance to announce a delay the day before the report is due with electronic voting on elections that affect the board positions already open.

Andrew


From: wafa DAHMANI [mailto:wafa at ati.tn]
Sent: 29 April 2018 18:59
To: community-discuss at afrinic.net
Cc: govcom <govcom at afrinic.net>
Subject: [Community-Discuss] Independent investigation

Dear Community,

Please refer to the investigation assignment given to the Governance Committee by the AfriNIC Board.

The GC appointed an investigation team to carry out investigations on 9th April 2018 . The investigation team was to issue a report to the GC by the 23rd April 2018. This was to enable the GC make its report, ready for board consideration by the 30th April 2018.

During the investigation, the appointed investigation team requested for additional time to carry out work on some issues which needed more time. The GC granted the investigation team an additional 4 days to finalize their report.

Consequently, the Governance Committee will not be able to report to the board by the 30th April 2018. The new timeline will be 4th May 2018.

Best Regards,

Governance Committee
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From silber.mike at gmail.com  Mon Apr 30 08:29:09 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Mon, 30 Apr 2018 10:29:09 +0200
Subject: [Community-Discuss] [govcom] Independent investigation
In-Reply-To: <HE1PR0301MB25705EB44B4CA988021CC716EE820@HE1PR0301MB2570.eurprd03.prod.outlook.com>
References: <1551473444.2293.1525017562814.JavaMail.zimbra@ati.tn>
 <HE1PR0301MB25705EB44B4CA988021CC716EE820@HE1PR0301MB2570.eurprd03.prod.outlook.com>
Message-ID: <E5929E13-8C4A-4024-ABDF-F285623130FE@gmail.com>

Hi Andrew

I speak in my personal capacity. I am a member of the GC, but do NOT speak on behalf of the GC. I am just taking the opportunity to make some personal comments, below:

> On 30 Apr 2018, at 06:08, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Wafa,
>  
> I have a number of questions and some comments on this.
>  
> Firstly ? is the GC prepared to reveal who makes up this investigation team ? since this is critical to the neutrality of the report

The investigation team was made up of barristers from a leading Mauritian chambers, with experience in both HR and corporate governance issues. There was a liaison from the GC to help facilitate their work, but who did not participate in the interviews or the drafting of the report. The chambers will be identified in the report. It will not be appropriate to identify them prior to publication to avoid any attempts at interference.

> Secondly ? Considering that there are elections coming up and it is entirely possible that the results of this investigation could implicate the entire board as regards their actions taken in response to this mess,

I think you are leaping to conclusions without any foundation. Nevertheless your fantasies of what the investigation may or may not reveal have nothing to do with the need to conduct a considered and appropriate process.
 
> for the GC to come back and announce a delay that runs into the start of the AIS week ? and to announce this only after the issue was queried on a public list ? is in my view simply unacceptable.

Your comment is noted. I agree that the delay is unfortunate, however I am not sure that your view of what is or is not acceptable is at issue here. The investigators were working to a strict timeline. There were certain delays, the cause of which will be disclosed in due course. That put the process back almost a week.

The query had nothing to do with the announcement. The announcement was made once we knew the revised schedule with some degree of certainty.

I am quite sure that you would likewise find a rushed process ?unacceptable? or a process that excluded interviews with key persons similarly ?unacceptable?. So please tone down the rhetoric. 
>  
> If the GC knew there would be a delay ? surely it would have been wise to announce said delay at the time it was known

I did not think it was respectful to the community to indicate a revised date UNTIL the GC was sure it would be met. It seems my colleagues shared a similar view. 

> so that those of us who are casting votes in the upcoming election, and also dealing with this boards refusal to table certain resolutions, could have made decisions?

I fail to see the connection.

>   I fail to see how it is in the interests of good corporate governance to announce a delay the day before the report is due with electronic voting on elections that affect the board positions already open.

And I fail to see how a rushed or incomplete process would be in the interests of good governance?

Mike


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From Andrew.Alston at liquidtelecom.com  Mon Apr 30 09:05:57 2018
From: Andrew.Alston at liquidtelecom.com (Andrew Alston)
Date: Mon, 30 Apr 2018 09:05:57 +0000
Subject: [Community-Discuss] [govcom] Independent investigation
In-Reply-To: <E5929E13-8C4A-4024-ABDF-F285623130FE@gmail.com>
References: <1551473444.2293.1525017562814.JavaMail.zimbra@ati.tn>
 <HE1PR0301MB25705EB44B4CA988021CC716EE820@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <E5929E13-8C4A-4024-ABDF-F285623130FE@gmail.com>
Message-ID: <AF5624E7-EEAD-409A-B3AC-A30DD53EB6E9@liquidtelecom.com>

Hi Mike,

Firstly ? thank you for your response, it is, as always appreciated.


  *   The investigation team was made up of barristers from a leading Mauritian chambers, with experience in both HR and corporate governance issues. There was a liaison from the GC to help facilitate their work, but who did not participate in the interviews or the drafting of the report. The chambers will be identified in the report. It will not be appropriate to identify them prior to publication to avoid any attempts at interference.

Thanks- that?s good information and instils a sense of confidence

Secondly ? Considering that there are elections coming up and it is entirely possible that the results of this investigation could implicate the entire board as regards their actions taken in response to this mess,


  *   I think you are leaping to conclusions without any foundation. Nevertheless your fantasies of what the investigation may or may not reveal have nothing to do with the need to conduct a considered and appropriate process.

I have no fantasies about what it will or will not reveal ? I am merely pointing out that it could impact elections ? and hence timing is critical ? though I agree that an appropriate process is critical (hence the initial question)

for the GC to come back and announce a delay that runs into the start of the AIS week ? and to announce this only after the issue was queried on a public list ? is in my view simply unacceptable.


  *   Your comment is noted. I agree that the delay is unfortunate, however I am not sure that your view of what is or is not acceptable is at issue here. The investigators were working to a strict timeline. There were certain delays, the cause of which will be disclosed in due course. That put the process back almost a week.

Understood ? and I understand the nature of delays ? it is not the delays I was objecting to ? it was the lack of keeping the community informed about said delays once they became apparently that I was objecting to.




  *   The query had nothing to do with the announcement. The announcement was made once we knew the revised schedule with some degree of certainty.


  *   I am quite sure that you would likewise find a rushed process ?unacceptable? or a process that excluded interviews with key persons similarly ?unacceptable?. So please tone down the rhetoric.


You are 100% correct I would have found a rushed process unacceptable ? and a process that excluded interviews with key persons unacceptable ? and again ? I acknowledge that a process must be followed

If the GC knew there would be a delay ? surely it would have been wise to announce said delay at the time it was known


  *   I did not think it was respectful to the community to indicate a revised date UNTIL the GC was sure it would be met. It seems my colleagues shared a similar view.

This is about the only point in your entire email where I fundamentally disagree with you ? and in most cases I would agree with you ? however ? this is not most cases ? time and again this community has been promised answers on a variety of issues only to see them substantially delayed or never arrive at all ? and trust is at an all-time low.  Hence ? a community that is informed of delays (even if it is a simple statement that says ? there have been delays ? we are working on a revised timeline ? bear with us) simply serves to engender trust in the fact that the process is actually still continuing.

so that those of us who are casting votes in the upcoming election, and also dealing with this boards refusal to table certain resolutions, could have made decisions?


  *   I fail to see the connection.

I won?t elaborate on this point then ? I believe it will become apparent in due course

  I fail to see how it is in the interests of good corporate governance to announce a delay the day before the report is due with electronic voting on elections that affect the board positions already open.


  *   And I fail to see how a rushed or incomplete process would be in the interests of good governance?

Again ? I have never advocated a rushed or incomplete process ? I advocate for communication in the event of delays so that this community is assured that delays are not being manufactured

Andrew


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From silber.mike at gmail.com  Mon Apr 30 09:09:36 2018
From: silber.mike at gmail.com (Mike Silber)
Date: Mon, 30 Apr 2018 11:09:36 +0200
Subject: [Community-Discuss] [govcom] Independent investigation
In-Reply-To: <AF5624E7-EEAD-409A-B3AC-A30DD53EB6E9@liquidtelecom.com>
References: <1551473444.2293.1525017562814.JavaMail.zimbra@ati.tn>
 <HE1PR0301MB25705EB44B4CA988021CC716EE820@HE1PR0301MB2570.eurprd03.prod.outlook.com>
 <E5929E13-8C4A-4024-ABDF-F285623130FE@gmail.com>
 <AF5624E7-EEAD-409A-B3AC-A30DD53EB6E9@liquidtelecom.com>
Message-ID: <837A3968-2B97-4235-A6E0-F69AC88B7E15@gmail.com>

Thanks Andrew

> On 30 Apr 2018, at 11:05, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
?.
> 
> This is about the only point in your entire email where I fundamentally disagree with you ? and in most cases I would agree with you ? however ? this is not most cases ? time and again this community has been promised answers on a variety of issues only to see them substantially delayed or never arrive at all ? and trust is at an all-time low.  Hence ? a community that is informed of delays (even if it is a simple statement that says ? there have been delays ? we are working on a revised timeline ? bear with us) simply serves to engender trust in the fact that the process is actually still continuing.
>  

Your point is well noted and I agree that I could have done better in that regard. I am sure the rest of the GC will concur.

Mike

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From funga.roho at yandex.com  Mon Apr 30 12:39:30 2018
From: funga.roho at yandex.com (Kangamutima zabika Christophe)
Date: Mon, 30 Apr 2018 13:39:30 +0100
Subject: [Community-Discuss] Community-Discuss Digest, Vol 310, Issue 1
In-Reply-To: <mailman.3.1525089601.22911.community-discuss@afrinic.net>
References: <mailman.3.1525089601.22911.community-discuss@afrinic.net>
Message-ID: <4780791525091970@web7j.yandex.ru>

Toute enqu?te n?cessite s?r?nit? et concentration. Si la commission estime qu'elle a besoin de 4 jours suppl?mentaires pour la r?daction des conclusions finales et le dernier toilettage moi je trouve cette requ?te totalement rationnelle.

Concernant la composition de l'?quipe d'enqu?te, ? mon avis ce sont les parties directement concern?es qui ont le droit de r?cuser un ou tous les membres de la commission.

Moi je demanderai ? Andrew de ne pas pr?cipitamment accorder une pr?somption de culpabilit? ? la commission d'enqu?te ou au conseil d'administration. 

Du moment o? les proc?dures ont ?t? r?serv?s, le commanditaire de la commission d'enqu?te est pr?sum?e de bonne foi.

KANGAMUTIMA ZABIKA