[rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC"

[Andrew Alston]

Ashok,

Firstly, my thanks for this comprehensive document.

I however have slightly wider questions which this document as well as the proposal have brought home to me regarding polices and the RSA.

The RSA states in section 3(a) that the evaluation process must be inline with valid policies approved by members at large and the Internet community in general through the Region's valid policy development process.

Now firstly, the process of approval is surely a formal thing - a consensus call with no real defined way of evaluating it I would argue simply does not meet the criteria stipulated here.
Secondly - since policy cannot come into force until ratification is done by the board, the approval process does NOT happen by the community - its final step is ratification by the board.
Thirdly, section 6(d)(i) goes not to refer to policies adopted by the community - again - the process of adoption can surely be argued to happen only when the board ratifies as per the PDP.

Therefore - under this - I would ask if the members have actually committed to following a single one of the policies currently utilized - since the wording of the RSA indicates the members are committing to something that simply isn't happening.

My second question in this regard - yes - there is the power to modify the RSA and the signatories to the RSA agree up front to such modification - but - could it not be argued that a change in the RSA which suddenly binds members to adhoc proposals created by the community with no legal oversite is to the detriment of the members, and is it therefore legal to adjust the RSA and still hold it in force when the change could be materially detrimental to the member in this regard.

I would like to hear legal views on this please, as I think every member of this community has a right to understand what they have legally committed to in that RSA and under what circumstances AfriNIC can change the control without the consent of the members, even when such a change could prove to be materially detrimental.

Thanks

Andrew




-----Original Message-----
From: Ashok Radhakissoon [mailto:ashok at afrinic.net] 
Sent: 10 July 2017 14:07
To: rpd at afrinic.net
Subject: [rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC"

Dear All,
Find for your consideration my final assessment of the proposed policy under reference.
Regards
Ashok.B.Radhakissoon
Legal Adviser
AFRINIC