[rpd] inputs on IPv4 Inter-RIR policy proposals - AFRINIC needs this policy now!

[JORDI PALET MARTINEZ]

Hi Ronald,

As said, this is something that the legal counsel should clarify.

My understanding is that the bylaws aren’t about the "numbers", because the numbers aren't a property of any RIR.

I'm not a lawyer, but if you read ICANN ICP-2, it is clear that the RIRs get delegated responsibility for the management of the resources, so they don't get the "property". This means that section 3.2 of the bylaws, will not apply to the resources, because they aren't an income neither capital. This will automatically exclude the "impossibility" to transfer resources to other regions as you suggest per section 6.1.

Remember also that bylaws, RSA, and ICP-2, clearly indicate that the management of the resources is done via the policies, so what we, as a community decide in policies, in a bottom-up process (the PDP), is what matters.

Last, but not least, if the bylaws (in this or another RIR), had such "problem", they become automatically invalidated (at least that specific text of the bylaws) by the ICP-2, at least that specific text, otherwise that RIR will not be adhering the ICP-2 and consequently be dismantled (I'm guessing).

Remember that other bylaws (from the other RIRs) have similar text, and all them  (LACNIC board ratified the policy about 10 day ago) have policies for both, intra and inter-RIR transfers, so this proves (I think) what I'm saying.

Regards,
Jordi
@jordipalet
 
 

El 30/6/19 1:45, "Ronald F. Guilmette" <rfg at tristatelogic.com> escribió:

    Thanks for the response Jordi.  Unortunately, your response has done
    nothing to clarify for me the current operative meaning, if any, of
    Section 6.1 of the Bylaws, and specifically its quite apparent
    residence/service requirement.
    
    My question is quite a simple one and I do still hope for an answer.
    
    As of today, it Afrinic at liberty to allocate, grant, disperse,
    transfer, or whatever you want to call it, any block of IPv4 address
    space to a party that is neither resident in, nor providing services
    to/in the Afrinic region?
    
    
    Regards,
    rfg
    



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