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[rpd] [pdwg-appeal] SoftLanding BIS notice of intent to appeal

Owen DeLong owen at delong.com
Fri Jan 19 17:34:38 UTC 2018


I will say this…

Any ratification of this policy prior to a favorable ruling from the appeal committee would carry serious risk in terms of the perceived integrity or trust in the AfriNIC RPD, the AfriNIC PDP, and the ability of AfriNIC to develop consensus based policies for governance of resource distribution within the region.

Never before in any region have I seen a declaration of consensus against such strong and sustained opposition. In the first instance, I thought it was perhaps ignorance on the part of the co-chairs. The finding at the end of last call made it clear that the co-chairs have lost all perspective and are maliciously intent on acting in a manner inconsistent with the rules of consensus in the PDP and in taking actions supported by one segment of the community despite substantial sustained clear opposition on multiple grounds from multiple groups within the community.

While I recognize and fully understand the desire to act against Andrew’s rhetoric and do not condone his behavior in any way, we must not lose sight of the fact that there are others also in opposition to the policy on a variety of grounds. The vast majority of those objections were never actually addressed during the PDP other than to either falsely claim they were inaccurate or inapplicable, or, to simply dismiss them as “not substantial”.

I realize my opinion here is controversial and that there is no more consensus behind it than there is consensus behind this proposal, but that’s kind of the point, isn’t it.

Owen


> On Jan 19, 2018, at 9:21 AM, Timothy Ola Akinfenwa <akin.akinfenwa at uniosun.edu.ng> wrote:
> 
> Comments inline pls.
> 
> On Jan 19, 2018 5:26 PM, "Andrew Alston" <Andrew.Alston at liquidtelecom.com <mailto:Andrew.Alston at liquidtelecom.com>> wrote:
> You are correct that the appeal process does not by the letter of the law suspend ratification – however – lets use some common sense here – ratify the policy while the appeal is running – someone gets denied space – the appeal succeeds – you’ve just opened yourself up to one giant lawsuit
> 
> In law, common sense does not always count. 
> 
> Let the appeal committee do their work – and then move to the next step – that is only logic
> 
> The Board Chairman was clear when he said:
> "The Board hopes that the work of the appeal committee would have reached a significant stage to serve as input for the consideration of the Board." 
> One thing is clear though, the community is not ready to wait till eternity for the outcome of either processes.
> Andrew
> 
>  
> 
>  
> 
> From: Komi Elitcha [mailto:kmw.elitcha at gmail.com <mailto:kmw.elitcha at gmail.com>] 
> Sent: 19 January 2018 18:45
> To: Saul Stein <saul at enetworks.co.za <mailto:saul at enetworks.co.za>>
> Cc: rpd <rpd at afrinic.net <mailto:rpd at afrinic.net>>
> 
> 
> Subject: Re: [rpd] [pdwg-appeal] SoftLanding BIS notice of intent to appeal
> 
>  
> 
> Hello
> 
>  
> 
> 2018-01-17 13:35 GMT+00:00 Saul Stein <saul at enetworks.co.za <mailto:saul at enetworks.co.za>>:
> 
>  
> 
> Board, please can you confirm that you will not be making any decisions on this policy until the appeal has been completed.
> 
>  
> 
> Thanks
> 
> Saul
> 
>  
> 
>  
> 
> ​Nothing in the PDP says appeal and especially appeal against " last call consensus " is suspensive  of the process.
> 
>  
> 
> In all cases, this is another improvement area of the PDP which PDP-BIS shall address.​
> 
>  
> 
> -- 
> 
> --KE
> 
>  
> 
> 
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> Ti</>
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