[rpd] [Board-Discuss] RPD appeal committee

Tue Jul 11 17:46:24 UTC 2017

Dear Mr Alston,

The Board will get back to you and the community on this, within the 
next day.

Thanks and Regards ...

Sunday.

On 11/07/2017 14:06, Andrew Alston wrote:
> Hi Board,
>
> Under section 3.5 of the CPM the board is mandated to have appointed 
> an appeal committee to appeal the decision of the chairs should a 
> member of the community disagree with said decision.
>
> Please can the board - as a matter of urgency - inform this community 
> who sits on the appeal committee - who chairs it - and where appeals 
> can be directed to.
>
> Thanks
>
> Andrew
>
> Get Outlook for iOS <https://aka.ms/o0ukef>
> ------------------------------------------------------------------------
> *From:* Andrew Alston <Andrew.Alston at liquidtelecom.com>
> *Sent:* Tuesday, July 11, 2017 3:45:28 PM
> *To:* Omo Oaiya; Owen DeLong
> *Cc:* AfriNIC RPD MList.
> *Subject:* Re: [rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - 
> Internet Number Resources Review by AFRINIC"
>
> Omo,
>
> Need a remind you, rough consensus is achieved when all issued have 
> been addressed but not necessarily accommodated.
>
> So, let us look at this – firstly the legal advisor is explicitly 
> stating in his letter to this community that the issued have not be 
> addressed.
>
> Secondly, even if each and every issued had been addressed and not 
> accommodated – we then get into the issue of board fiduciary duty.  
> The legal advisor to the company has advised publicly that this policy 
> creates substantial legal risk to the company.  At that point, even if 
> the policy passed consensus on this list – with a warning like that, 
> it could very easily be argued that the board has a fiduciary duty to 
> decline to ratify this.
>
> So – one of two things
>
> a.) either we discount the legal advisor stating the issued have not 
> been addressed – in which consensus has not been reached and the 
> policy should be returned for further edits or withdrawn as per the PDP or
>
> b.) we consider that the issued have been addressed yet not 
> accommodated – in which case I would argue the board has a legal 
> obligation to decline to ratify the policy on the grounds of risk to 
> the company as stated by the legal advisor.  In this scenario – 
> continuing with this process seems pointless since the policy can’t 
> ever actually make it into fruition.
>
> Furthermore, I point to my email in response to Ashok – and what the 
> current RSA says – and I would STRONGLY argue that binding a company 
> to this policy in its current form is in the detriment of the company, 
> which means that a modification to the RSA almost certainly has to be 
> **agreed** by the contracting parties, both AfriNIC and the individual 
> member (it cannot be done collectively, since, as Ashok said, the RSA 
> is between AfriNIC and a member and is a two party contract).  Right 
> now – if faced with an RSA that bound me to a policy such as this one 
> – I can tell you I would fight very hard against agreeing to it.
>
> Then there is another issue – by forcing any entity to be bound by a 
> policy like this – while denying said entity the right to go elsewhere 
> with their resources – you could well open another can of worms – but 
> that can of worms – I will address on another day in another email, 
> those who know to what I refer are free to elaborate further if they 
> choose.
>
> Andrew
>
> *From:*Omo Oaiya [mailto:Omo.Oaiya at wacren.net]
> *Sent:* 11 July 2017 11:27
> *To:* Owen DeLong <owen at delong.com>
> *Cc:* AfriNIC RPD MList. <rpd at afrinic.net>
> *Subject:* Re: [rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - 
> Internet Number Resources Review by AFRINIC"
>
> Owen,
>
> The final legal feedback notwithstanding (which I am sure the authors 
> will respond to), I only see negative feedback from a handful of 
> people.  The fact that this is voiced repeatedly does not in any way 
> increase the volume.
>
> It is your misinterpretation that is more likely to be confusing to 
> the community.  Resource review is essential activity for Internet 
> registries even if they are only bookkeepers like some would have them 
> be.
>
> AFRINIC would be failing in its accountability to the community 
> without a policy like this.   Please let the Co-Chairs do their job
>
> Omo
>
> On 10 July 2017 at 23:18, Owen DeLong <owen at delong.com 
> <mailto:owen at delong.com>> wrote:
>
>     Sami,
>
>     The final legal feedback notwithstanding, I think there has been
>     more than enough negative feedback in this last call to make it
>     quite clear that this policy does NOT have consensus at this time
>     and I urge the co-chairs to remand it to the authors and the list
>     for further refinement or abandonment rather than leaving it in
>     last call status. There is no reason for last call to be
>     maintained beyond the point where clearly the policy has no
>     consensus as is and will need substantial revision. It only
>     confuses the community.
>
>     Owen
>
>
>     > On Jul 10, 2017, at 12:55 , SamiSalih <sami at ntc.gov.sd
>     <mailto:sami at ntc.gov.sd>> wrote:
>     >
>     >
>     > Dear Andrew and Community,
>     >
>     > As section (3.4.3) of the CPM stated the last call can't be less
>     than two week, however the document didn't specify exact period
>     for last call to be concluded.
>     >
>     > Please refer to the last Call section in the following link
>     >
>     http://www.afrinic.net/library/policies/1829-afrinic-consolidated-policy-manual#PolicyDevelopmentProcess
>     >
>     > The Co-chair are evaluating feedbacks specially those related to
>     the legal issues in the policy and as you know we just received
>     the final assessment of the legal advisor today.
>     >
>     > Best Regards,
>     >
>     >
>     >
>     >
>     > Dr. Sami Salih  | Assistant Professor
>     > Sudan University of Science and Technology
>     > Eastern Dum, P.O Box 11111-407
>     > email: sami.salih at sustech.edu <mailto:sami.salih at sustech.edu>
>     > Mob: +249122045707 <tel:%2B249122045707>
>     >
>     > ----- Original Message -----
>     >> From: "Andrew Alston" <Andrew.Alston at liquidtelecom.com
>     <mailto:Andrew.Alston at liquidtelecom.com>>
>     >> To: rpd at afrinic.net <mailto:rpd at afrinic.net>
>     >> Sent: Monday, July 10, 2017 9:53:22 PM
>     >> Subject: Re: [rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 -
>     Internet Number Resources Review by AFRINIC"
>     >>
>     >> By the way, as a question to the RPD co-chairs.
>     >>
>     >> Standard process is that last call is a 2 week period.  By my
>     count, last
>     >> call has now been open longer than that on this policy - can we
>     get can
>     >> indication from the co-chairs as to when consensus or lack
>     thereof will be
>     >> declared for this last call period please.
>     >>
>     >> Thanks
>     >>
>     >> Andrew
>     >>
>     >>
>     >> -----Original Message-----
>     >> From: Ashok Radhakissoon [mailto:ashok at afrinic.net
>     <mailto:ashok at afrinic.net>]
>     >> Sent: 10 July 2017 14:07
>     >> To: rpd at afrinic.net <mailto: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
>     >> _______________________________________________
>     >> RPD mailing list
>     >> RPD at afrinic.net <mailto:RPD at afrinic.net>
>     >> https://lists.afrinic.net/mailman/listinfo/rpd
>     >>
>     >
>     > _______________________________________________
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>     > https://lists.afrinic.net/mailman/listinfo/rpd
>
>
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>
>
>
> -- 
>
> Omo Oaiya
> CTO/Directeur Technique, WACREN
> Mobile: +234 808 888 1571 <tel:0808%20888%201571> , +221 784 305 224
> Skype: kodion
> http://www.wacren.net
>
>
>
> _______________________________________________
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> board at afrinic.net
> http://board-list.afrinic.net/mailman/listinfo/board

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