[rpd] Competitions Tribunal Petition

Sat Dec 30 18:19:18 UTC 2017

Ignoring the underlined bolder hyperbolic, let me comment bluntly and simply:

I will do whatever I feel necessary to protect the industry in which I work.  I will do whatever I feel necessary to protect the consumers of internet services on this continent. I will react to any threat that I see to the industry or to the consumer - and I make no apologies for it.

We keep referring to how the “community” wants something or doesn’t want it -  yet the reality is - we are a divided community - divided on linguistic grounds - divided on geographic grounds - divided on ideology.

The statements made about the will of the community as based on the absurd notion that only one segment of the community has any validity - and anyone who disagrees is not part of said community or is some how the enemy - this is not the case - but that is how it is portrayed.

I will not get into the specifics of any particular policy in this email - but I will say this - should AfriNIC and the policies by which it operates become a threat to the industry at large in any portion of this continent - or compromise the growth of internet penetration on this continent in violation of section 3 of the bylaws - or act outside of the laws under which it is governed - be they the companies act - the bylaws - the competitions act - or the very procedures and policies that have been ratified through legitimate board mandates - then do not cry foul when people react - especially after repeated warnings.

I am beyond threats - beyond intimidation - and quite frankly beyond being cowed into submission by people claiming that is what I am attempting.  I act in the manner that I see best for the industry - and if indeed there is no violation of the law - and if indeed correct procedures and policies have been followed - then my actions represent no threat.  The threat only exists if you acknowledge wrong doing in the first instance.

As for wanting to do AfriNIC harm - you are incorrect in this as well - I have no desire to do harm to AfriNIC - however - the good of the industry and the African consumer outweighs Afrinic - and if in sincere belief I am acting in the best interests of those two groups and that requires that I act against AfriNIC - so be it - it is not from a desire to do harm - it is from a desire to protect an industry I hold dear and that I have worked my entire adult life to promote across large segments of this continent.

So yes - I am now taking actions - actions for which I make no apologies - and which are the pure result of repeated and ignored warnings about the consequences of actions.  It strikes me - and maybe I am misreading this - that a particular group of individuals are hell bent on seeing their policies past - no matter the consequences to the industry - and expect to have others let them behave in a matter that is completely contrary to community consensus or the good of the collective industry - that is naive in the extreme.

So in summary - I will act - always within the bounds of the law - and to the best of my abi.oty - to protect the industry - to protect the consumer - and I will make no apologies for this.

Andrew

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_____________________________
From: Jacob Odame <jacobodame00 at gmail.com>
Sent: Saturday, December 30, 2017 03:45
Subject: Re: [rpd] Competitions Tribunal Petition
To: Andrew Alston <andrew.alston at liquidtelecom.com>
Cc: rpd <rpd at afrinic.net>

It is now brutally clear that Andrew's position is that he is either right or right and that he willanything to cause harm to our very own registry AfriNIC when his position conflicts with that of the community.

It is also clear that he does not take the community's views in any esteem and regard sincehe wants a government to force the AfriNIC Board to push policies top down to us the community.

A very absurd situation.

I know that the appeal committee and AfriNIC Board will not budge to threats and intimidation and will exercise good judgement for the good of the entire community and not a privileged, loud and malicious few. The continentshould not and cannot be held ransom by such individuals.

Jacob

On Fri, Dec 29, 2017 at 7:54 PM, Andrew Alston <Andrew.Alston at liquidtelecom.com<mailto:Andrew.Alston at liquidtelecom.com>> wrote:
Hi All,

Everything stated here is done in my personal capacity and is not necessarily representative of the views of any organization to which I am affiliated.

It is a sad day when it comes to this – but due to the significant business risks imposed by the potential ratification of the soft-landing policy, and the boards lack of response to repeated queries as to AFRINIC’s violation of Mauritian law – the time has come to now test these potential violations and to see if there is any recourse.

Since this document contains direct reference to issues of policy that would normally fall under the RPD – I am sending this to the list.  Those who wish to join the petition to the competitions tribunal can print this – sign it – and scan it back to me.  This document will be submitted to the competitions tribunal within the next 14 days – to give people a chance to digest its contents and decide for themselves if they believe they wish to be party to this action.

Note: As per the rules of the competitions tribunal – any signatory on these documents will be confidential and the names of the complainants will not be disclosed to AFRINIC – so there is no risk of victimization here.  Any signed copies received by myself shall be held in strictest confidence other than for the purposes of submission to the commission.

Please also note – the submission of this petition shall in no way prejudice the right to potential litigation against AFRINIC should companies and individuals feel that such is warranted.

Yours Sincerely

Andrew Alston

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