[rpd] Appeal against the declaration of consensus on proposal Resource Transfer Policy

[Frank Habicht]

Hi Ekaterina,

see inline below.

16/10/2020 20:33, Ekaterina Kalugina wrote:

> Dear community,

> 

> I believe this appeal is problematic for the following reasons.

> 

>  1.

> 

>     The compliance to the PDP and consensus determination

> 

> 1.3 The policy discussion we had was complex and nuanced and therefore

> it was the co-chairs duty to reflect this nuance in their conclusions.

> There was no conditions imposed.

            ^^^^^^^^^^^^^

> The co-chairs simply stated that if

                                  ^^^^

> some minor objections were to be addressed by the authors then the

> policy have achieved rough consensus.


I think the part after the 'if' is a condition.
I think you're contradicting yourself.

Maybe I have a problem with my English knowledge. If so, please help me
understand.

Of course after that (what I call a contradiction), I could not continue
reading the email, because I can't be sure whether you base you
arguments on "no conditions" or on "If ...".

I really hope co-chairs and all in this WG don't give too much weight to
arguments based on self-contradicting statements. The facts are there.
And of course I hope that was "professional and respectful" enough for
Lamiaa.

Regards,
Frank


> Nowhere in the PDP it states how

> exactly the chairs should determine consensus, therefore I believe that

> in this case the chairs acted within their prerogative.

> 

> 1.4 The CPM does not explicitly state that only editorial changes are

> allowed. However, as you pointed out, it is understandable that such

> changes may be necessary. The fact that editorial changes are the only

> changes that have been made up to this point does not mean that these

> are the only changes allowed. The PDP is determined by the CPM and not

> by the past practices, and the CPM does not forbid any changes during

> the last call, be it editorial or not.

> 

> 1.5 The other proposals did not achieve consensus during the meeting as

> there were still many unresolved major objections. The Resource Transfer

> Policy only had minor issues that could be easily addressed by the

> authors. Therefore, there is no unfairness in regard to this issue.

> And again, nowhere in the CPM it states that non-editorial changes are

> not allowed to take place during the last call.

> 

> 1.6 These were not suggestions, but conclusions drawn by the chairs from

> the discussion. They did summarize the discussion in an objective and

> non-intrusive manner. But you need to keep in mind that a nuanced

> discussion requires a nuanced summary.

> 

> 1.7. Fairness is the basic principle that guides the PDP and that

> includes actions of the co-chairs.

> 

>  2.

> 

>     Specific issues regarding the proposal being appealed

> 

> 2.1 As the current situation holds – the staff assessment is not

> mandatory and therefore this is not a legitimate ground for the appeal.

> 

> 2.2 Again, nowhere in the CPM it states that significant changes cannot

> be done during the last call. In this case particularly, all the changes

> in the DRAFT-04 have been made to ensure that the Resource Transfer

> Policy  is fully compatible with ARIN. There is no need for another

> discussion, as this change directly addresses all the issues raised in

> all the discussions that preceded the publication of this draft.

> 

> 2.3 The issue of legacy resources is far too complex to be realistically

> considered within the scope of the proposed policy. The goal of this

> policy is to make sure AFRINIC can receive resources from other RIRs and

> the loss of legacy status is necessary to ensure reciprocity. However,

> if there is some perceived unfairness when it comes to the transfer of

> legacy resources, a separate policy ought to be introduced following the

> Resource Transfer policy. There will be the right time and place to have

> a discussion on legacy with all its nuances. As of now, the main

> priority for the region is to have a resource transfer policy that is

> reciprocal with other RIRs.

> 

> As for your note that this proposal is not actually reciprocal with

> other RIRs – it is factually incorrect. The staff confirmed that the

> DRAFT-02 and DRAFT-03 are not compatible with ARIN, and this is

> precisely the reason DRAFT-04 was introduced. And before you say that it

> was too hasty and it needed more discussion – it really doesn’t.

> DRAFT-04 just removed the section on the sending RIR being bound by the

> policies of the receiving RIR that made the policy incompatible with

> ARIN as per staff assessment. Thus, with all the edits considered the

> DRAFT-04 of the Resource Transfer Policy should be functional and fully

> compatible with other RIRs.

> 

> Considering the above, I believe this appeal lacks the necessary grounds

> to call for the non-declaration of concensus. 

> 

> Best, 

> 

> Ekaterina Kalugina 

> 

> 

> On Thu, 15 Oct 2020, 19:17 Noah <noah at neo.co.tz <mailto:noah at neo.co.tz>>

> wrote:

> 

> 

> 

>     On Thu, 15 Oct 2020, 15:59 Gregoire EHOUMI via RPD, <rpd at afrinic.net

>     <mailto:rpd at afrinic.net>> wrote:

> 

>         Hello,

> 

>         As per appeal process, see below a copy of my email to appeal

>         committee. 

> 

> 

>     Hi Greg

> 

>     Pleased to fully support this appeal against the cochairs

>     declaration of rough consensus and consensus on a proposal that is

>     had several unresolved valid objections. 

> 

>     The cochairs erred bigly and its absurd to see the PDP process

>     ignored at every step by those who must ensure that they follow it

>     while acting fairly without being subjective like we have seen recently.

> 

>     Cheers

>     Noah

> 

> 

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