[Community-Discuss] Current routing summaries for LiquidWeb, Inc. and Fiber Grid, Inc.

[Ronald F. Guilmette]

In message <MP9d9L9--3-2 at tuta.io>, libren at tuta.io wrote:


>Question of announcing ip from other region is null and void and it

>cannot be challenged.

>Afrinic bylaws have changed so many times and what matters is signed RSA

>https://www.afrinic.net/ast/pdf/services/afrinic-rsa-en-201801.pdf


I understand that some, and perhaps even many AFRINIC members, may
nowadays wish to profit from the non-legacy IP allocations that were
granted to them, by AFRINIC, by deploying these assets without any
regards for geography.  I understand also that there is thus a desire
to look -only- at the RSA as being legally controlling UPON MEMBERS
while conveniently ignoring the plain language of the AFRINIC Bylaws
and their binding legal effect upon the actions OF AFRINIC.

Unfortunately, this preference does not change the fact that if AFRINIC
fails to terminate the memberhips of any members that provide exactly
and only -zero- services within the AFRINIC region, then AFRINIC is
itself in violation of its own legally binding Bylaws.

Merely citing the RSA does not solve this legal conundrum.  This is
especially true, given that AFRINIC is free to modify RSA agreements,
at will, and at any time... an act which, it seems, its own Bylaws
now compel it to do.

I quote from Section 1b of the RSA refrenced above:

    AFRINIC, in the light of the foregoing, reserves itself the right to
    amend this agreement partially or otherwise where it is so mandated
    by its Board after giving notice to its members.

You cannot have it both ways.  You cannot on the one hand insist that
the letter of the RSA agreements, as currently written, must be
interpreted strictly, even as, on the other hand, you argue that the
AFRINIC Bylaws are legally inconsequential and that they may be, and
should be, as easily ignored as the advice given by some crazy uncle.

But all of this misses the point anyway.

As I understand it, there is now, and always has been some qualification
process which is undertaken, by AFRINIC, prior to any legal entity
being granted membership in AFRINIC.  Also, as I understand it, there
is now and always has been some qualification process which is undertaken,
by AFRINIC, before any member is granted some requested (non-legacy)
AFRINIC number resources.

This raises the obvious question:  How, when, and by whose authority,
exactly, did the companies of Mr. Abizeid, Mr. Mehta, and Mr, Uerlings
qualify for membership in AFRINIC?  How, when, and by whose authority,
exactly, did the companies of Mr. Abizeid, Mr. Mehta, and Mr, Uerlings
qualify for the large non-legacy IPv4 allocations that they each have
received from AFRINIC? 

Did each of these three companies qualify (a) for membership and also
(b) for large non-legacy IPv4 block assignment simply by bribing Ernest
or someone else in AFRINIC management?

If so then when will AFRINIC make criminal referrals to the Mauritius
police regarding these three companies, just as it has already done
for Ernest?

Conversely, if these three companies DID NOT obtain their memberships
and non-legacy allocations by bribing AFRINIC staff, or the Board, then
how exactly did each one qualify, for both memberships and also for
big IPv4 allocations, given that none of them seem to have, or to have
had, at any time, any real connection to the AFRINIC region whatsoever?

We can argue about which takes legal precedent, the RSA or the AFRINIC
Bylws, another time.  But before we even waste time on THAT, please
do explain how Mr. Abizeid, Mr. Mehta, and Mr, Uerlings ever managed to
qualify for *anything* in the AFRINIC region in the first place.

I'm all ears.  This ought to be most enlightening.


Regards,
rfg