[Community-Discuss] Breach of the Code of Conduct by Mr Ronald Guilmette

[Ronald F. Guilmette]

In message <1526AB54-5720-4D1E-87E2-534844E239B4 at consulintel.es>, 
JORDI PALET MARTINEZ <jordi.palet at consulintel.es> wrote:


>Moreover, removing any posting from the mailing list archives is a clear

>attack to this community. This is called censorship. If AFRINIC, as an

>organization, is providing the service, it must be an open and transparent

>service, and that includes not making any kind of censorship.


I thank both Jordi and Mike Silber for their kind and constructive
comments.

I wish to say also that I personally am OK with having my prior
posting here scrubbed from the mailing list archives.  I understand
that there is some concern, well placed or not, within AFRINIC that
some of my comments may reflect badly on the organization itself and
might possibly have some effect on either the already ongoing litigation
or on potential future litigation... and I most certainly would not 
desire anything that I have said, as a private citizen, to have any
negative effect upon AFRINIC's legal position.

After being duly informed that further contributions from me would be
moderated for a period of 30 days, I did some reading on this topic
of this legal offense known as "Scandalizing the Court".  I had to
educate myself about that, because we quite certainly have nothing
even remotely like that here in the U.S.

What I learned, among other things, is that such an offense continued
to exist, in England, Whales, and Scotland, until really quite recently,
i.e. the 2012-2013 time frame, but that since that time it has been 
abolished in those judicial systems.  I also learned that this offense
continues to exist within many Commonwealth countries, apparently
including Mauritius.

It is not for me to opine on the question of whether my prior comments
do or do not satisfy all of the various legal elements of the crime of
"Scandalizing the Court", specifically as that crime is defined within
the legal system of Mauritius.  That question is most certainly not
within my area of expertise.  I would only offer the suggestion that
my prior comments may possibly not rise to the level of satisfying the
legal definition of that crime, and that even if they did, I would most
certainly plead for some mitigation and leniency at my sentencing,
based upon my ignorance of local law in this instance.  (And in any
event, as should be obvious, I cannot say that I am particularly worried
that Mauritian authorities would seek to have me extradited from the
U.S. to Mauritius, to face Mauritian justice for this particular crime,
and even if that remote possibility suddenly became probable, I might
simply choose to relocate myself to some national jurisdiction that
appears to be immune, at present, to such inter-national extradition
proceedings, e.g. someplace that appears on maps just to the left of
Kenya.)

With regards to my prior comments about individuals, I do apologize to
the community if any of these might have any effect on AFRINIC's legal
position.  It is my hope and belief that they should not and will not.
I speak only for myself.  Furthermore, I am quite certainly subject to
potential legal proceedings (e.g. for defamation) here in the United
States of America... by far the most litigious country on earth...  and
I am thus cautious in what I say and how I say it.  I have said no more
about individuals than I believe could be justified in open court, based
upon persuasive and abundant available hard evidence, much of which I have
already shared here.

Nontheless, I ask forgiveness from the community for my often intemperate
manner of speech, forgiveness which I hope will be forthcoming, given the
totality of the context.

I have sought, for well more than a year and a half now, simply to know
the truth, the whole truth, and nothing but the truth, at least with
respect to the corruption of the WHOIS data base.  Given this clear and
abiding quest, who among you can still be entirely unsympathetic to the
frustration that I feel, to still not know, even at this late date,
either how the data base came to be corrupted, or any of the particulars
about the one bit of actual litigation that has arisen from those still-
mysterious events.  My cup runneth over with a lack of information, and
after such an extended period of time in this state, I ask to be excused
for my more than ordinary lack of both temperance and patience.

That having been said, I accept without reservation the actions taken
in response to my recent comments, including both the removal of 
inflamatory (and perhaps prejuduicial) postings of mine from the archives
as well as a 30-day moderation period.  I take no personal offense at
these actions, and they seem to me to be commensurate and proportional
responses.  I say this knowing, as I do, that as a citizen of the
United States, I am generally free to be more vocal in my defense of
AFRINIC and its interests, against both foreign interlopers and any
possible lethargy on the part of the local judiciary than AFRINIC
itself could prudently be.  I only hope that my unconstrained opinions
will be properly attributed to me alone.  If AFRINIC finds it either
necessary or convenient to take actions to further clarify the crisp
dividing line between itself and me, then I am perfectly OK with that.

Regards,
rfg