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

Owen DeLong owen at delong.com
Sat Jun 18 06:38:29 UTC 2022

> On Jun 17, 2022, at 14:19 , Sylvain Baya <abscoco at gmail.com> wrote:
> 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 <mailto:community-discuss at afrinic.net>> a écrit :
>> On Jun 15, 2022, at 13:07 , John Curran <jcurran at arin.net <mailto:jcurran at arin.net>> wrote:
>>> On 15 Jun 2022, at 1:30 PM, Owen DeLong via Community-Discuss <community-discuss at afrinic.net <mailto: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 <https://www.afrinic.net/membership/agreements#rsa>
> [2]: https://www.afrinic.net/ast/pdf/services/afrinic-rsa-en-201801.pdf <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?

WHOIS is not an IRR database. It is, for all intents and purposes the public registry database where all changes to the registrations of a set of IP addresses are maintained.

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

Yes, but pursuant to its terms, it is automatically renewed on a year to year basis so long as the registrant continues to meet certain criteria (sends notice of intent to renew, pays bill, etc.).

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

Not sure I entirely agree with that… I think it is sufficient to read it if and when it is amended.

> 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.

I agree that AFRINIC has several areas where they are deficient in terms of the documentation requirements.

I’m more interested in getting the organization back on track in terms of following its own rules and having a board
that feels a need to conform to the law, be responsible and responsive to the membership, and follow the governing
documents as written than in worrying about these more trivial concerns.

Once we have a legitimate board at the helm of AFRINIC and replace senior management with leadership committed
to doing the job in an honest and forthright manner, these other issues will be much easier to manage.


> Shalom,
> --sb.
> Owen
> -- 
> Best Regards !
> __
> baya.sylvain[AT cmNOG DOT cm]|<https://cmnog.cm/dokuwiki/Structure <https://cmnog.cm/dokuwiki/Structure>>
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