[rpd] RPD : Prolicy proposal "Internet Number Resources review by AFRINIC" informations update

Sat Apr 6 15:12:17 UTC 2019

Hi Ernest and Co-chairs,

Please find below an update of our Policy proposal "Internet Number
Resources Review by AFRINIC", for future discussions on the list.

Regards

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    Name : Internet Number Resources Review by AFRINIC (Draft 7)
    Ref. Name: AFPUB-2016-GEN-001-DRAFT07
    Status: Under Discussion
    Date: 6 April 2019

Authors:
        (a) Amelina A. A. Arnaud | <arnaud.amelina at togorer.tg> | AUF/TogoRER
        (b) Jean-Baptiste Millogo |<jean.millogo at orange.com>| Orange
Burkina
        (c) Marcus ADOMEY  <madomey at ug.edu.gh>  | University of Ghana

13.0 Summary of the Problem Being Addressed by this Policy Proposal

As Internet Number resources are finite, their allocation is based on the
operational needs of end-users and Internet Services Providers, while
avoiding stockpiling in accordance with RFC7020, IPv4 Allocation Policy CPM
5.5, IPv6 Allocation and assignment policy CPM 6.5 and Policy for
Autonomous System Numbers (ASN) Management in the AFRINIC region CPM
7.0.Section 4 of the Registration Service Agreement (RSA) provides the
framework for investigations of the usage of allocated Internet Number
resources, defines members’ obligation to cooperate and the measures to be
taken by AFRINIC in case of failure to comply. The lack of such
investigation or regular control can lead to inefficient usage of the
Internet Number resources, to stockpiling and other type of abuses.

13.0.1 Summary of How this Proposal Addresses the Problem

In order to ensure efficient and appropriate use of resources, AFRINIC
shall conduct regular reviews of resource utilization held by its members.
This would allow recovery of any type of resource, where usage is not in
compliance with the RSA. Those resources can be reallocated for better
usage.

13.0.2 Proposal

The policy proposal will modify the CPM as follows:

Insert a section 13 to the CPM as follows:

13.0 Internet Number Resources Review

Regular reviews of resource utilization are conducted by AFRINIC to ensure
efficient and appropriate usage of resources. This allows for recovery of
any type of resource where usage is not in compliance with the RSA; to
allow such resources to be reallocated for better usage.

13.1 The reviews shall be based on compliance with the terms outlined in
the RSA and Allocation/Assignment Policies.

13.2 The reviews cover all allocated/Assigned resources, but priority goes
to IPv4 and ASN mappable to two-octet ASN.

13.3 Classes of review: Members to be reviewed shall be selected according
to the following classes:

13.3.1 Random

The member is chosen by AFRINIC at random between the membership.

13.3.2 Selected

 Member is selected because of an internal report or due to a lack of
contact between the AFRINIC and the member.

13.3.3 Reported: Here, members are reviewed either because:

A) They have requested the review themselves or

B) There has been a community complaint made against them that warrants
investigation. Complaints shall be backed by evidence and AFRINIC staff
shall evaluate the facts as appropriate to conduct the review. However this
review is not applicable to a member  with the same resources portfolio on
which a full review has been completed in the preceding 24 months.

 AFRINIC staff may, at its sole discretion, after having assessed the
nature of the evidence found in the community complaint, require that such
evidence be (i) submitted in the form of a sworn affidavit or (ii) declared
to be true before a Commissioner of Oath.

13.4 In case of non-compliance and if evidence has been established in
accordance with:

•    Breach of AFRINIC policies
•    Breach of the provisions of the registration service agreement or
other legal agreements between the organization holding the resource and
AFRINIC.

AFRNIC shall initiate the resource recovery process.

A) AFRINIC shall attempt to contact the organization and correct any
discrepancy towards the RSA. Except in cases of fraudulent resource
acquisition or  unlawful usage and abuse, the organization shall be given a
minimum of six months to effect the return of the resources.

If the organization is cooperative and working in good faith to
substantially restore compliance or has a valid need for additional time to
renumber out of the affected blocks, AFRINIC shall negotiate a longer term.

The acceptance level of compliance and duration of the longer term are at
AFRINIC staff discretion.

B) If the situation cannot be rectified and the member did not transfer the
ressources to meet other AFRINIC-approved needs as per adopted policies

 AFRINIC shall publish the resources to be recovered for a period of three
(3) months; during which the organization may at any time, seek compliance
or transfer the ressources to other members

 After this period, the resource shall be recovered and therefore the
records of the previous holder of the recovered resource shall be updated
in AFRINIC’s databases.

C)  Any Internet Number Resources recovered under this policy may be
assigned/allocated under existing Allocation and Assignment Policies.

13.5 Appeal procedure

Reviewed members who are not satisfied have the right to appeal against the
result within the four weeks. Appeals shall follow an arbitration process
as provided for in the
Code de Procedure Civile (Code of Civil Procedure) of the Republic of
Mauritius. AFRINIC may, on request from an aggrieved party, suggest a pool
of arbitrators who shall be knowledgeable volunteers from the community.

13.6 Compliance Report

AFRINIC shall publish an annual meaningful report describing review
activities, in accordance with all applicable laws and regulations.

13.7 Acknowledgements

The authors thank Ms Wafa Dahmani Zaafouri (become Afrinic GC Chair), Mr
Serge ILUNGA (become Afrinic Board member)  and Mr Alain P. Aina for their
contributions  in the development of this Policy proposal.

The authors also thank the community for the discussions and contributions.

4.0 Revision History

18 May 2016
  Version 1.0
- First Draft AFPUB-2016-GEN-001-DRAFT01
- Posted on RPD list

05 Aug 2016
  Version 2.0
- Second Draft AFPUB-2016-GEN-001-DRAFT02
- Change on the policy’s name
- Addition of the Acknowledgement section
- Rephrasing of section 3.3.3

18 Nov 2016
Version 3.0
- Third Draft AFPUB-2016-GEN-001-DRAFT03
- Update of section 3.3.3 from discussions on mailing list
- Update of section 3.7 (Acknowledgements) to thank the community for
discussions and contributions

11 Apr 2017
Version 4.0
- Fourth Draft AFPUB-2016-GEN-001-DRAFT04
- Update and Rephrasing of section 3.4
- Update and Rephrasing of section 3.5
- Update and Rephrasing of section 3.6

21 Oct. 2107
Version 5.0
- Fifth Draft AFPUB-2016-GEN-001-DRAFT05
- Adding the paragraphe C to 13.3.3. according to the legal counsel
proposition
- Rephrasing the paragraphe 13.5 to comply with staff and legal assessment
- Rephrasing the paragraphe 13.6 to comply with staff assessment and avoid
any ambiguity
- Changing the co-authors list
- Updating the Acknowledgement session
- Amending 13.4 (B) to  reflect the Transfer policies

06 Apr. 2018
Version 6.0
- Sixth Draft AFPUB-2016-GEN-001-DRAFT06
- Removing categorization between membership in random class section 13.3.1

06 Apr. 2019
Version 07
- Seventh Draft AFPUB-2016-GEN-001-DRAFT07
- Modifying section 13.4 Paragraph A) to clarify the resources recovery
process: set conditions  under which a member could be given longer term
to effect the return of the resources.

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AAAA./

Le mar. 3 avr. 2018 à 07:51, Ernest Byaruhanga <ernest at afrinic.net> a
écrit :

> Hi Arnaud,
>
> On 31 Mar 2018, at 18:41, Arnaud AMELINA <amelnaud at gmail.com> wrote:
>
> Dear PDWG,
> As you can see through the Lagos PPM minutes [1],  all  pending legal
> concerns  have been addressed. Last suggestion  received abiut removing
> categories in section 13.3.1( make the random selection applies to all
> members)  was  accepted by working group and  will reflect  in the next
> version  to come.
>
> While awaiting the new version, please send any new comments, suggestions
> you may have on the proposal [2]
>
> [1]
> https://afrinic.net/fr/library/policies/archive/ppm-minutes/2261-afrinic-27-pdwg-meeting-minutes
> [2]
> https://afrinic.net/fr/community/policy-development/policy-proposals/2231-internet-number-resources-review-by-afrinic
>
>
> Please send the new version well ahead of the recommended CPM 3.4.2
> deadline to allow reasonable time for staff's assessment of the updated
> proposal.
>
> Regards,
> Ernest.
>
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