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

TIDJANI Mahamat Adoum mhtguinassou at gmail.com
Thu Feb 25 12:35:28 UTC 2021


J'espere que comme ca, on aura pu rendre une justice parfaite. Et il
faudrais que cela soit la derniere chance pour eviter une exclusion
definitive de a liste.

Le jeu. 25 févr. 2021 à 09:37, JORDI PALET MARTINEZ via Community-Discuss <
community-discuss at afrinic.net> a écrit :


> 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 If I need to criticize the rules of Mauritius because they are outdated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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