[rpd] Some thoughts, and some actions required

[Owen DeLong]

Where does consent come into it, Scott?

I believe that in the absence of such a law, it’s not even technically illegal to use addresses belonging to a non-consenting third party.

If that use causes harm, you _MAY_ run afoul of something like tortious interference, but in many cases, even that might be a stretch.

Owen

> On Feb 7, 2016, at 12:17 PM, Scott Leibrand <scottleibrand at gmail.com> wrote:
> 
> Are there laws on the books in some (any?) African countries requiring anyone to be the holder of record in AfriNIC Whois before they may route space? I know something similar is required in some East Asian countries, but not in North America or Europe. Without a law requiring you to do business according to AfriNIC's registry, I don't believe it would be illegal to use addresses registered to a consenting third party. However, doing so makes it much more difficult for everyone involved, as they now have to check with the party listed in Whois (or trust a LOA from that party provided by their customer) instead of just checking Whois. It is therefore much better for everyone involved if AfriNIC allows parties to update the Whois registration to accurately reflect their business arrangements. If they can be properly registered, most such transactions will be registered as permanent "transfers", but Whois can also be updated to reflect temporary "lease" type arrangements using a SWIP/reassignment. 
> 
> -Scott
> 
> _____________________________
> From: Noah <noah at neo.co.tz <mailto:noah at neo.co.tz>>
> Sent: Sunday, February 7, 2016 11:33 AM
> Subject: Re: [rpd] Some thoughts, and some actions required
> To: <sm+afrinic at elandsys.com <mailto:sm+afrinic at elandsys.com>>
> Cc: rpd List <rpd at afrinic.net <mailto:rpd at afrinic.net>>
> 
> 
> 
> On 7 Feb 2016 21:58, <sm+afrinic at elandsys.com <mailto:sm%2Bafrinic at elandsys.com>> wrote:
> >
> > Hi Noah,
> >
> > At 07:00 07-02-2016, Noah wrote:
> >>
> >> No tranfer market, means no one can sell out even if they had  redundant resources as there is no policy that allows it thus rendering the whole thing illegal....
> >
> >
> > It is unknown whether selling resources is legal or illegal.
> >
> 
> Hi SM
> 
> It should be illegal to the best of my knowledge considering the fact that no member owns them.... and as far as i know, membership only gives an entity access to the requested range for use...
> 
> Violation of membership terms renders the same range unavailable for use to the specific member..
> 
> >
> > Regards,
> > S. Moonesamy
> 
> Noah
> 
> 
> 
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