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

[JORDI PALET MARTINEZ]

Hi Ronald,

The point is not that you agree with the removal of the message. The point is that it is censorship, and this community should not allow it, because then it means in the future anything else could be removed.

This list is not to "satisfy" crazy laws in any country, whatever is the country.

None of the RIRs communities are subjected to the laws of any country which imply restricting freedom of expression, and if we have the risk of being in that situation in any RIR, then that RIR should be away from that country.

If I need to criticize the rules of Mauritius because they are outdated and illogic and restrict freedom of expression, then AFRINIC will need to censor me, then I will litigate with AFRINIC, no doubt on that and I will keep continue criticizing whatever I believe is wrong from blogs, articles, newspapers, or whatever is in my hand.

As a consequence, it is totally ridiculous that AFRINIC tries to censor anyone, and we must not accept it.

Regards,
Jordi
@jordipalet
 
 

El 25/2/21 8:56, "Ronald F. Guilmette" <rfg at tristatelogic.com> escribió:

    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

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