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

Tue Jul 18 13:21:39 UTC 2017

Jean-Baptiste,

I have absolutely nothing I wish to appeal right now – I believe that the right call was eventually made – the policy did not have consensus – and as such did not make it through last call.

Had I thought it through and acted faster, I would have appealed the fact that it was in last call, however, the process is clear, you cannot appeal any issue once the decision being appealed is older than 14 days – sadly, I let that 14 day period elapse.

However, it does also mean, that the only appeal open to you by the process is to the right to appeal the decision on the consensus or lack thereof on this policy.  Since the PDP process specifically states you have a 14 day period to appeal any decision once said decision has been made public – any decisions outside of that 14 day window are a mute point and have lapsed.  As I have said, I would love to see an appeal launched so we can test the process – I just do not believe that the appeal will be successful, and even if it is, that there is any way the board could ratify this policy and remain within the bounds of their fiduciary duty.  I pray however that we will never have to test what happens if fiduciary duty is violated in that manner.

So, again, do not read me wrong, right now, I have nothing to appeal, because I believe the correct decision has finally prevailed, however, if in the future, there is reason to appeal something, rest assured, I will use the process as authored.  In the mean time, you’d certainly be doing me a huge favor by ensuring that the appeal process works as expected so that when the time comes when it is required we know that it works ☺

Thanks

Andrew

From: Jean-Baptiste MILLOGO <jbmillogo at gmail.com>
Date: Tuesday, 18 July 2017 at 20:31
To: Andrew Alston <Andrew.Alston at liquidtelecom.com>
Cc: rpd <rpd at afrinic.net>, Dewole Ajao <dewole at forum.org.ng>
Subject: Re: [rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC"

Hello Andrew,

The appeal mechanism is open to  anyone. If you want to test it, please go ahead. It should not be difficult  for you to find the 3 or 5  supportive persons required.

As for us, our appeal will surely be about the process as we all know  where  the issue lies.

The appeal will  at least have the merit to clarify  and fix the process for the future, for this very proposal and any other proposals suffering from the same syndrome.

Jean-Baptiste

2017-07-17 10:34 GMT+00:00 Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>>:
Jean-Baptiste,

I encourage you to take this on appeal if you disagree with the decision.  I question if you would succeed in such an appeal considering the sustained and substantiated opposition to this policy, and even in the event of you succeeding on appeal, I would question if the board could ever ratify a proposal when sitting on legal advice that clearly states that the proposal would put the organization in jeopardy, and in fact would argue this would be a direct violation of the directors fiduciary duty (and as such could open them to further legal challenge from their members).

However, as stated above, I think it would be great to see the appeal process tested, so please, I would love to see that appeal go forward just to test the process.

Andrew

From: Jean-Baptiste MILLOGO <jbmillogo at gmail.com<mailto:jbmillogo at gmail.com>>
Date: Monday, 17 July 2017 at 17:11
To: rpd <rpd at afrinic.net<mailto:rpd at afrinic.net>>, Dewole Ajao <dewole at forum.org.ng<mailto:dewole at forum.org.ng>>
Subject: Re: [rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC"

Dear Co-Chairs,

This policy proposal has been on the table since May 2016 and is in its fourth version, taking into account all consensual amendments, and has been presented at 2 PPMs.

The authors and community have made constant efforts to address all real issues, providing consistent answers to non-valid concerns.  It has been proven that not all legal concerns were valid and options for a second legal opinion if needed have been expressed.

You played no role in getting the issues understood and closed,  and did not pay due attention to authors actions showing bias confirmed by not adding authors responses to your summary.

On the basis of the past and last call discussions,  you took no position on the issues, suggested no way forward, and allowed the unnecessary  and baseless confrontation to continue.

We see no reason for the proposal to be returned to list as extending the random class to all members and reverting the 13.3.3.b to the original text does not need another round of discussions outside the last call.

Your conclusive decision below is therefore unacceptable. We urge you to reconsider it.  Failure to do so may cause the authors to appeal the decision.

Jean-Baptiste (on behalf of the authors)

2017-07-14 16:42 GMT+00:00 Dewole Ajao <dewole at forum.org.ng<mailto:dewole at forum.org.ng>>:
Dear AFRINIC PDWG Community,

At the end of the last call period for the policy proposal "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC", while there is support for a review of Internet Number Resources in general, the current text needs improvement to address issues raised.

The PDWG Co-chairs decision is to hereby return this policy proposal to the mailing list for refinement.

This is to produce a policy (proposal) that is not subject to misinterpretation or abuse. Mitigations to any valid legal risks to AFRINIC should also be clearly written into the policy proposal.

To avoid a scenario where some points are skipped, co-chairs have helped break the current draft into line items with (we hope, all of) the pending comments appended. It is expected that further revisions to the proposal follow this piece-by-piece approach.

If a comment was omitted, please bring it to our notice so it can be added. While it is noted that authors have indeed responded to most of the comments after the PPM, for avoidance of misinterpretation, the last draft document (version 4) is the only consideration.

The co-chairs' summary document can be found at https://goo.gl/NZ4WmV<https://goo.gl/NZ4WmV>

Sincerely,
PDWG Co-Chairs

----- Original Message -----
From: "sami" <sami at ntc.gov.sd<mailto:sami at ntc.gov.sd>>
To: "rpd" <rpd at afrinic.net<mailto:rpd at afrinic.net>>
Sent: Wednesday, June 14, 2017 1:57:01 PM
Subject: [rpd] Last Call for "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC"

Dear AFRINIC PDWG Community,

Greetings form the Co-Chairs.

The policy proposal "AFPUB-2016-GEN-001-DRAFT-04 - Internet Number
Resources Review by AFRINIC" attained consensus during the last
face-to-face meeting held in Nairobi May 31, 2017 during AFRINIC-26.

In line with the Policy Development Process, we would like to
announce the last call period on this proposal starts from
today June 14, 2017.

Please refer to the last updated version in the following link.

https://afrinic.net/en/community/policy-development/policy-proposals/2073-internet-number-resources-review-by-afrinic<https://afrinic.net/en/community/policy-development/policy-proposals/2073-internet-number-resources-review-by-afrinic>

Sincerely,

AFRINIC PDWG Co-Chairs

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>

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--
Jean Baptiste MILLOGO
Internet Society - Burkina Faso Chapter
https://www.internetsociety.org<https://www.internetsociety.org/>
---------------------------------------------------------
+226 74 92 10 10<tel:74%2092%2010%2010>
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--
Jean Baptiste MILLOGO
Internet Society - Burkina Faso Chapter
https://www.internetsociety.org<https://www.internetsociety.org/>
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+226 74 92 10 10
contact at isoc-burkina.org<mailto:contact at isoc-burkina.org>
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