[Community-Discuss] [zanog-discuss] Fwd: [members-discuss] Unsolicited Requests

[JORDI PALET MARTINEZ]

If you’re using personal data to do that campaign, it is spam. It is illegal in many jurisdictions and it is immoral and unethical.

 

You need previous and explicit consent to obtain that data AND to use it.

 

I can tell you an history about this:

 

My personal data, which is in the Spanish national electoral census, for many years was provided before each election process to the different political parties. This was, in my opinion against the Constitution (privacy right). I asked the government (Ministry of Interior), to NOT pass anymore my personal data and they denied it because “you’re not a politician”, so it was even a clear Constitutional discriminatory breach.

 

I brought the case against the Spanish Government into the Administrative Dispute Court. I lost the case there, so I escalated the case to the Constitutional Court and …. Bingo!

 

Law has been changed, so since then (about 6 years ago) *every citizen* has the right to ask the Government Unit in charge of the census, to NOT pass the data to the political parties.

 

So: it was clear that it is illegal to campaign sending me messages by email, postal mail, phone, etc., *unless* I’ve provided a previous and explicit consent to each of the candidates (or their parties) *EVEN* if my data is public (for example, in the case of AFRINIC, in mailing list archives, whois, etc.).

 

I should remind that all those “public” data sources are from an organization based in Mauritius which has a regulation compatible with GDPR, so using the data for something not previous and explicitly authorized, it is illegal in my opinion. Legal counsel may correct me if I’m wrong.

 

Regards,

Jordi

@jordipalet

 

 

 

El 30/5/21 0:56, "Anthony Ubah" <ubah.tonyiyke at gmail.com> escribió:

 

Dear Elvis,

 

I must confess that I did not think about this issue in this way. Hence it is a democratic process, the candidate reserves the right to campaign and canvas for votes. 

However offering an incentives is an unethical way to do it. I agree with you on this. 

I also agree that calls for disqualification is completely blowing the situation out of proportion. 

It is ethical for member of the community to show integrity in voting, as the onus of ethics rests not only on the candidates, but on everyone.

 

These campaigns be it self-driven, or third-party driven shouldn't warrant disqualification or deter anyone from voting the right way if the election process is followed, and members vote in the interest of AFRINIC.

 

Kind regards,

 

Anthony 

 

On Sat, May 29, 2021, 5:54 PM Ibeanusi Elvis <ibeanusielvis at gmail.com> wrote:

Dear Noah, 

 

I concur with the ideology that this situation is being stretched out of proportion. I do not see the candidate campaign as a being unethical or immoral cause the AFRINIC organization is built on the emphasis of democracy. Thus, in a democratic election everyone is allowed to support which ever candidate he or she believes is qualified for the position in contention and understands the AFRINIC and its rules. If the process of selection an appointment, then this “candidate campaign” as you call it might be an issue but in this case selection is done through a free and fair election and voting system. Although the promise of financial benefits makes it smell of malfunction, fault and corruption and AFRINIC does not support such but promoting or suggesting a candidate should be not considered immoral. 

 

Additionally, being a member of the AFRINIC community automatically means that you can be connected by other AFRINIC member at some point. If you don’t want be contacted by other members, there is an option whereby you can choose to unsubscribe or ignore the message from whomever is contacting you or making the suggestion. 

 

Finally, the idea of suggesting to disqualify the candidate in question is entirely out of proportion, unacceptable and should not even be in consideration. The candidate has not committed or done anything that would make him liable to be disqualified for the election and position. This issue should be carefully looked on from all perspectives with not bias. 

 

Thanks 

Elvis

 

On Sat, May 29, 2021 at 18:37 Noah <noah at neo.co.tz> wrote:

 

On Fri, May 28, 2021 at 5:42 PM JORDI PALET MARTINEZ via zanog-discuss <zanog-discuss at lists.nog.net.za> wrote:

 

I think it is absolutely mandatory at this point that the candidate in question is disqualified

 

So the AFRINIC bylaws Section 15.5) Conflict of Interest is pretty straight forward in terms of the powers of directors. 

 

                                       i.      A Director of the company shall, where he/she has a potential or actual conflict of interest in any matter brought before the Board, disclose such potential or actual conflict to the Board.

                                     ii.      The said Director shall recuse himself/herself from voting on any such matter before the Board where such a conflict exists or may exist.

                                   iii.      The remaining members of the Board may decide that said Director should be excluded from discussion of such matter where a conflict exists or may exist.

And to the AFRINIC NOMCOM, perhaps it would be also significant if you as the nominating body looked into the board candidates in light of all the allegations that have been raised by AFRINIC resource members and the Internet community across various NGOs. 

 

I am sure you are all reading the various posts as relates to members being promised money and others being coerced to vote and send proof of the vote to people whose mobile numbers start with a +852 which is an internal suffix for HongKong and they are purporting to be from AFRINIC Election Team.

 

I smell fraud, misinformation, misrepresentation and potential corruption which are all not values that AFRINIC subscribe too. 

 

Resource members, the Internet community and the organization ought to take this issue seriously because the very foundation of the Internet Routing Registry is at stake and for those who have been here long enough know that time for playing games is long overdue and AFRINIC affairs can no longer be ignored further by the majority membership.

 

Noah

 

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