[Community-Discuss] The Looting of AFRINIC

[Andrew Alston]

I would be very curious to hear from a legal perspective what - if any - legal liability AfriNIC has in a situation like this.

The fact is - space has value - and if space is stolen - used for spam or whatever else - and the reputation of said space is damaged - it’s value decreases.  Now I fully realize that space can be hijacked - and at that point potentially the hijackers may hold the liability. However - when the space seems to have been stolen and sold off by a staff member of the organization that is meant in effect to the curator of the space - I question if there is not a liability issue at play if it can be proven that due care was not taken to safe guard against the actions taken.

I’m no lawyer though so I would really be interested to know the legal perspective - can an rir be held liable to the actions of its staff if it did not adequately protect against the actions taken.

Andrew

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________________________________
From: Mark Elkins <mje at posix.co.za>
Sent: Thursday, December 5, 2019 3:59:57 PM
To: community-discuss at afrinic.net <community-discuss at afrinic.net>
Subject: Re: [Community-Discuss] The Looting of AFRINIC


Totally agree with you Mike. It should have been almost impossible to manipulate the non-legacy space - yet it happened. In this case (looting of non-legacy space), the RSA has meant nothing.

On 2019/12/05 14:46, Mike Silber wrote:
Be that as it may - that seems to ignore the fact that there appears to have been significant malfeasance regarding non-legacy space.

I just want to ensure that we maintain a balanced view of the problem and not deflect it to focus only on the legacy space issue.

It terms of priorities - it would make sense to me to focus on how space that should have been subject to the RSA has been mis-appropriated and then turn to the more difficult question of legacy space. If the current processes are open to abuse, then moving legacy space under those processes may not have the desired outcome.

Mike

On 5 Dec 2019, at 14:27, Mark Tinka <mark.tinka at seacom.mu<mailto:mark.tinka at seacom.mu>> wrote:

Completely agree with Sunday.

Mark.

On 5/Dec/19 13:02, Sunday Folayan wrote:
Isn't it time to address Legacy space issues, specifically ancient squatters on spaces meant to develop the Internet in Africa, AfriNIC Services and bringing legacy spaces under some form of RSA?

I urge the community to think beyond the sensation and let us see how to help and empower the people doing useful work for Africa.

Thanks.

Sunday.

On 04/12/2019 6:23 PM, Ronald F. Guilmette wrote:
I hope you all will take the time to read and think about the following
news story.

https://mybroadband.co.za/news/internet/330379-how-internet-resources-worth-r800-million-were-stolen-and-sold-on-the-black-market.html<https://mybroadband.co.za/news/internet/330379-how-internet-resources-worth-r800-million-were-stolen-and-sold-on-the-black-market.html>
  I will have more to say about this in due course.  For the moment, I only
wish to say that the investigation undertaken by myself and Jan Vermeulen
is ongoing, and that many others are provably involved.
    Regards,
rfg


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