[Community-Discuss] Fwd: Demanding Clarification and/or apology from PTA

[Sylvain Baya]

Dear AfriNIC's Community,

Hope this email finds you in good health!

<tl;dr>warning: long email; where i mostly pasted
 sections 4 & 6 of AfriNIC's RSA. Because it appears
 that reading full RSA is mandatory for AfriNIC's
 Resource Members (RM)! keep reading, please :-D
</tl;dr>

Please see my comments below, inline...

Le vendredi 17 juin 2022, Owen DeLong via Community-Discuss <
community-discuss at afrinic.net> a écrit :

>
>
> On Jun 15, 2022, at 13:07 , John Curran <jcurran at arin.net> wrote:
>
>
>
> On 15 Jun 2022, at 1:30 PM, Owen DeLong via Community-Discuss <
> community-discuss at afrinic.net> wrote:
> ...
> AFRINIC has not won or last any cases yet regarding the geographical
> restriction of IP Utilization. This is more misinformation from you.
>
> I expect that with regard to that particular issue, AFRINIC will lose, as
> a plain text reading of the governing documents does not support such aa
> restriction except in the case of addresses issued after the activation of
> the soft landing policy.
>
>
>
> Owen -
>
> Since you’re opining on such matters, do you believe a "plain text
> reading" of the applicable documents allows AFRINIC to restrict use to the
> same purpose for which they were originally requested and issued?
>
>
> Unless notification was provided pursuant to RSA clause 4(iv)(3), yes.
>
>

Hi Owen,
Thanks for your email, brother.

You probably meant 4(c)(iv)(3)...

...i recall that the question is about keeping
*the purpose*; through the CoS (Conditions
of Service) [1,2]:

<paste1>
[...]
*4. Conditions of service*

(a) Where a member, receiving service under an existing agreement applies
for a change or a variation of the
type of such service which AFRINIC has been supplying to it, evaluation of
such a “change request” will be effected in
terms of the provisions of clause (2) of the present agreement.
(b) Cooperation:
(i) An applicant receiving service under an agreement is at all times bound
to provide to AFRINIC such
information, assistance and cooperation as may be reasonably required by
the latter in the provision
of the service.
(ii) Such request for information may also be made where AFRINIC is
investigating (reviewing) the
applicant’s utilisation of the number resources already assigned to it.
(iii) Failure by the applicant, to comply with a request made at above may:
(1) entail revocation or withholding of the service supplied by AFRINIC;
(2) be taken into account by AFRINIC in its evaluation for further and
future assignment or
allocation of number resources;
(3) lead to the closure of an LIR and termination of the agreement by
AFRINIC.
(c) Applicant’s use of the service
The Applicant hereby irrevocably:
(i) Commits itself to using the services solely for the purpose for which
it was requested.
(ii) Commits itself to using the services in full and unreserved compliance
with AFRINIC’s policies and
mandate:
(1) without knowingly infringing the rights and/or interests of other users
of such services,
(2) within the limits of applicable laws and/or regulations of the
jurisdiction in which it operates.
(iii) Further acknowledges that AFRINIC may at its own discretion and for
good cause and common
Interest of the stability of the Internet, investigate or cause to be
investigated, the Applicant’s use of
the services by the appropriate and competent authority(ies).
(iv) Hereby binds itself to:
(1) notify AFRINIC whenever its circumstances so change that it is no
longer in need of the
Internet number resources supplied or being supplied to it under a
Registration Service
Agreement;
(2) surrender to AFRINIC within 15 days of the service of the notice at
(iv)(1) above the Internet
number resources supplied or being supplied to it under a Registration
Service Agreement;
(3) update any data submitted to AFRINIC in the context of:
a. an application for a Registration Service Agreement or
b. the renewal of any Registration Service Agreement
whenever such data have been the subject of amendment, change or have
become outdated.
(d) AFRINIC will comply with all applicable data protection and privacy
laws of the Republic of Mauritius in its
handling of data and information submitted to it by the Applicant in
furtherance of an application for services
and use thereof.
[...]
</paste1>
__
[1]: https://www.afrinic.net/membership/agreements#rsa
[2]: https://www.afrinic.net/ast/pdf/services/afrinic-rsa-en-201801.pdf


BtW, first, the purpose isn't still the same. Right?




>
>
> My understanding is that in the case of Cloud Innovation, this requirement
> was met by updates to WHOIS, as no other process for providing said updates
> is provided in the RSA, CPM, or bylaws.
>
>
>

...what's the provision in either legal and policy
documents which could imply that a justification
of change in initial declared/commited purpose
might be done with simple IRR database updates?

...i pasted that whole section of the RSA because
that very AfriNIC's RSA appears to be one year
validity doc.

So! a resource member representative should
read it at least once each year :-)

Now! i want to recall also section 6 of AfriNIC's
RSA [1,2]:

<paste2>
[...]
6. Acknowledgements

The Applicant:

(a) Acknowledges that it has read, understood and taken cognizance of all
its terms and conditions and further
binds itself to strictly and unreservedly comply therewith.
(b) Having taken cognizance of the preamble of the present agreement, fully
and unreservedly subscribe thereto
with the clear understanding and acceptance of AFRINIC’s critical role in
the stability and the continued
evolution of the Internet as agreed by its members and the community in
terms of adopted policies.
(c) Acknowledges that it will at all times use the services and number
resources allocated or assigned to it in
strict compliance with all adopted policies.
(d) Acknowledges:
(i) that this agreement shall at all times be subjected to adopted policies;
(ii) that this agreement shall at all times be subjected to such global
policies, adopted and to be adopted
by all RIRs, which have first been approved by the AFRINIC Internet
Community through its policy
development process;
(iii) that it is bestowed with an exclusive right of use of those number
resources within the ambit of the
“need” which it has justified in its application and for no other purpose
during the currency of the
present agreement;
(iv) the number resources, the subject matter of the present agreement, are
not property (real, personal
or intellectual);
(v) that the transfer of number resources is strictly prohibited, except in
the event of the Applicant
becoming the subject of merger and/or acquisition proceedings, or where
such transfer is effected in
compliance with adopted policies;
(vi) that any request for transfer of number resources for the reason
prescribed in sub clause (v) above
must be accompanied by all relevant certified legal documents;
(vii) that in the event that it commits a breach in the use of number
resources allocated or assigned to it,
it shall:
(1) remedy the breach, following directions from AFRINIC, and/or
(2) return the affected number resources to AFRINIC.
For the removal of doubt, failure to take remedial action within a
reasonable time will entitle AFRINIC
to terminate this agreement.
 7. Representations and warranties
The parties, each, represent and warrant that: it has full power and
authority to enter into the present agreement and
perform all the obligations listed down herein.
(a) It shall perform its obligations in compliance with all legal
provisions (regulations, directives, legislation)
existing in the jurisdiction wherein it operates as well under the laws of
the Republic of Mauritius which shall
govern this agreement.
(b) The present agreement constitutes a legal, valid and binding obligation
on it and that same shall be enforced
in accordance with its terms and conditions.
[...]
</paste2>


imho! maybe for the sake of clarification,
AfriNIC needs a policy to deal more precisely
with the "documentation & lifecycle of the
comited purpose of a resource member."

...if anyone want to write a DPP (Draft Policy
Proposal) to fill that *need*; then feel free to
reach out ASAP.

Shalom,
--sb.



>
> Owen
>
>
>

-- 

Best Regards !
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