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[rpd] Reversal of Consensus on Resource Transfer Policy

Sami Ait Ali Oulahcen sami at marwan.ma
Wed Oct 21 13:10:18 UTC 2020


Hi Mike,

The policy has undergone a change. So it must be reviewed. For that, it 
needs to go back to the list. Whether the part that's been changed is 
relevant to some or not, is irrelevant. If a part of a policy is 
irrelevant, it must be removed. But that's also a change. Either way it 
goes back to the list.

Reviewing policies in last call is a bad idea. It sets a bad precedent 
where policies are modified in the last minute without proper discussion.

Last call is for a last round of humming, let's not make something else.

HTH

Regards,
Sami



> On Oct 20, 2020, at 18:49, Mike Burns <mike at iptrading.com> wrote:
> 
> Hi Sami,
> 
> Points 2, 3, 4, and 10 of the post I replied to, which undergird the problem, all relate to the legacy issue.
> It is the bone of contention, take it away and the constellation of problems related to moderators, last-call, appeals, etc. will go away, in my opinion.
> The reciprocity issue has no relation to legacy and is editorial:  "recipient must be an RIR member....".
> 
> I don't think I am diverging, instead I am simply saying the legacy issue and the editorial change are insignificant in the context of the need for this policy.
> 
> Regards,
> Mike
> 
> 
> 
> -----Original Message-----
> From: Sami Ait Ali Oulahcen via RPD <rpd at afrinic.net> 
> Sent: Tuesday, October 20, 2020 1:06 PM
> To: rpd at afrinic.net
> Subject: Re: [rpd] Reversal of Consensus on Resource Transfer Policy
> 
> 
> 
>> On 10/20/20 5:10 PM, Mike Burns wrote:
>> Hello,
>> 
>> The legacy issue is immaterial.
> 
> You're diverging. That's not what's being discussed.
> 
>> The "missing dues" that wouldn't be paid by retention of legacy status have never been enumerated.
>> ARIN has a larger legacy community than AFRINIC,  if that were a burden I would expect ARIN's fees and dues to be higher than AFRINIC.
>> However the opposite is true, AFRINIC fees are generally higher than ARIN's.
>> 
>> The number of inter-regional transfers that have occurred with retention of legacy status is tiny, and none have occurred at AFRINIC.
>> Nobody in the transfer market cares about retention of legacy status (or not).
>> 
>> So in my opinion, derailing this proposal over this insignificant matter at this late date is unwarranted.
>> Legacy status is something you can debate about later, and change the policy then.
>> It's not something to hold back this important proposal over.
>> 
>> Regards,
>> Mike
>> 
>> 
>> -----Original Message-----
>> From: Sami Ait Ali Oulahcen via RPD <rpd at afrinic.net>
>> Sent: Tuesday, October 20, 2020 11:50 AM
>> To: rpd at afrinic.net
>> Subject: Re: [rpd] Reversal of Consensus on Resource Transfer Policy
>> 
>> +1
>> 
>>> On 10/20/20 4:36 PM, Jaco Kroon wrote:
>>> Hi Abdul,
>>> 
>>> With all due respect to both yourself and Fernando.  I personally 
>>> think you're both right, and both wrong.
>>> 
>>> Please just stop and read Abdul.
>>> 
>>> 1.  Yes, it's crazy/absurd that it's come to this.
>>> 
>>> 2.  No, the change was made at/after the PPM and straight into last 
>>> call.  So whether or not this was made prior to last call or during 
>>> last call is actually irrelevant.
>>> 
>>> 3.  The first opportunity many of us had to see this legacy change 
>>> was during last call.
>>> 
>>> 4.  Many of us acknowledge the need for change to the legacy no 
>>> longer clause but we don't agree with the change as has been taken to 
>>> last call.  Many alternatives that would also achieve reciprocity has 
>>> been proposed.
>>> 
>>> 5.  I have actually re-read CPM section 3 last night, and have 
>>> already highlighted that changes are neither permitted nor prevented, 
>>> but I believe some common sense here should prevail in that from the 
>>> CPM it's plain that the intention is for final review, and that any 
>>> concerns raised that's valid should have the proposal go back to discussion.
>>> 
>>> 6.  I disagree that your actions are duly justified, but I can see 
>>> from your perspective why you believe this to be the case.
>>> 
>>> 7.  This is however irrelevant as there is plainly not consensus on a 
>>> policy proposal in last call, and this has been the case from the 
>>> moment it went to last call, so when you took it to ratification, 
>>> there is absolutely no way this could have been in line with the CPM 
>>> process, and if it was, then I would propose that we revisit that and fix that too.
>>> 
>>> 8.  You had the sense to revert the ratification decision.  Now we're 
>>> asking you to have the sense to realise that there isn't consensus 
>>> and bring the proposal (along with the other inter-RIR transfer 
>>> policies) back to discussion.
>>> 
>>> 9.  I'm not sure what the conditions was, but either the conditions 
>>> were wrong, or the implementation thereof was wrong. Specifically:
>>> 
>>> 10. Retaining legacy status is all good and well on outbound 
>>> transfers (Afrinic can't prescribe to other RIRs), but we don't want 
>>> to have legacy status retained on intra-RIR or inbound transfers.  
>>> Jordi pointed out that if any intra-RIR transfers of legacy space has 
>>> happened the change would be detrimental to those that have 
>>> transferred, and the change is thus a complete reversal of previous 
>>> policy.  I for one, speaking on behalf of my employer, have no 
>>> interest in paying fees when legacy holders get most of the same services for free.
>>> 
>>> Yes, I do wish we could finalize this, I don't think anybody is 
>>> disputing that we urgently need this.  But in spite of how much it's 
>>> going to hurt to need this and not have it, having it in a 
>>> non-working state is even worse.
>>> 
>>> Kind Regards,
>>> Jaco
>>> 
>>> On 2020/10/20 16:11, ABDULKARIM OLOYEDE wrote:
>>>> 
>>>> Dear Fernando.
>>>> 
>>>> See my comments inline
>>>> 
>>>> The thing is so absurd that now we have the justification based that 
>>>> "Editoral word" doesn't appear in the CPM, therefore in the 
>>>> interpretation of one of the chairs it can just be used to change 
>>>> the text anytime in any way at convenience. They call it "diverse 
>>>> definition". Perhaps this is yet another sign that there is not 
>>>> enough experience to conduct the business of CPM and so why so many 
>>>> mistakes have been made.
>>>> 
>>>> I think it is your justification here that is absurd.  Yes, it is 
>>>> true that it does not appear in the CPM or do you want to rewrite the CPM?
>>>> and I think this is a typical example that you do not have enough 
>>>> leadership experience to understand that: been elected to a position 
>>>> of responsibility comes with the fact that one has to take decisions 
>>>> on behalf of the community.  Be clear we never made a single mistake 
>>>> on this issue and all our actions are duly justified.
>>>> 
>>>> Been elected by the community is not a mandate to do things the way 
>>>> they feel like and to make up stuff that may not have the expected 
>>>> words in the CPM.
>>>> The idea of using Editorial changes as normal changes to try make 
>>>> the text achieve consensus is so out of touch that has been 
>>>> mentioned as unprecedented many times by several people here before. 
>>>> Everybody used with these forums in any RIR and other organizations 
>>>> know very well what editorial changes are for and definetelly is not 
>>>> to make a proposal try to reach consensus. Trying to force it to be 
>>>> something else will not work.
>>>> 
>>>> Been elected by the community is enough mandate that we have the 
>>>> confidence of the community and when there is a disagreement to step 
>>>> in line with the CPM and not using /Fernando's/ idea. Read the CPM 
>>>> clearly more especially section 3.6.
>>>> 
>>>> Legacy status issue doesn't even deserve discussion of its merit at 
>>>> this point because it was changed after the PPM. This is a major 
>>>> change in the proposal, been done after the PPM and can NOT be 
>>>> considered just a a simple "Editorial change". This changes one of 
>>>> the fundamental points o the proposal, at last minute, given no time 
>>>> for discussion for the community, and worse: this was something that 
>>>> had NEVER been mentioned before in months and months of discussion.
>>>> 
>>>> Be clear, The changes in regards to the legacy status was done 
>>>> before going into the last call. Please read again the condition for 
>>>> the proposal to go into the last call. It was made very clear. 
>>>> Provided those changes are made then the proposal goes into the last call.
>>>> Therefore it was before the last call.  Please don't try and 
>>>> manipulate or create confusion here. If you have any objection to 
>>>> the proposal state them and stop this cheap blackmail.
>>>> 
>>>> There are more than enough violations of the PDP for their decision 
>>>> to be ruled out by the Appeal Committee.
>>>> 
>>>> It seems that you are now not just attempting to take over as the WG 
>>>> chair, but also the Appeal committe chair and member.
>>>> 
>>>> Good luck to you on that
>>>> 
>>>> Fernando
>>>> 
>>>> Co-Chair
>>>> 
>>>> PDWG
>>>> 
>>>> 
>>>> On Tue, Oct 20, 2020 at 2:02 PM Fernando Frediani 
>>>> <fhfrediani at gmail.com <mailto:fhfrediani at gmail.com>> wrote:
>>>> 
>>>>     The thing is so absurd that now we have the justification based
>>>>     that "Editoral word" doesn't appear in the CPM, therefore in the
>>>>     interpretation of one of the chairs it can just be used to change
>>>>     the text anytime in any way at convenience. They call it "diverse
>>>>     definition". Perhaps this is yet another sign that there is not
>>>>     enough experience to conduct the business of CPM and so why so
>>>>     many mistakes have been made.
>>>> 
>>>>     Been elected by the community is not a mandate to do things the
>>>>     way they feel like and to make up stuff that may not have the
>>>>     expected words in the CPM.
>>>>     The idea of using Editorial changes as normal changes to try make
>>>>     the text achieve consensus is so out of touch that has been
>>>>     mentioned as unprecedented many times by several people here
>>>>     before. Everybody used with these forums in any RIR and other
>>>>     organizations know very well what editorial changes are for and
>>>>     definetelly is not to make a proposal try to reach consensus.
>>>>     Trying to force it to be something else will not work.
>>>> 
>>>>     Legacy status issue doesn't even deserve discussion of its merit
>>>>     at this point because it was changed after the PPM. This is a
>>>>     major change in the proposal, been done after the PPM and can NOT
>>>>     be considered just a a simple "Editorial change". This changes one
>>>>     of the fundamental points o the proposal, at last minute, given no
>>>>     time for discussion for the community, and worse: this was
>>>>     something that had NEVER been mentioned before in months and
>>>>     months of discussion.
>>>> 
>>>>     There are more than enough violations of the PDP for their
>>>>     decision to be ruled out by the Appeal Committee.
>>>> 
>>>>     Fernando
>>>> 
>>>>     On 20/10/2020 04:29, JORDI PALET MARTINEZ via RPD wrote:
>>>>> 
>>>>>     Hi AK,
>>>>> 
>>>>>     I’m not sure if you followed the thread in ARIN.
>>>>> 
>>>>>     There it was clearly said by the CEO, John Curran, that the
>>>>>     actual version is not reciprocal.
>>>>> 
>>>>> 
>>>>> https://lists.arin.net/pipermail/arin-ppml/2020-October/068124.html
>>>>> 
>>>>> <https://lists.arin.net/pipermail/arin-ppml/2020-October/068124.htm
>>>>> l
>>>>>> 
>>>>> 
>>>>>     I don’t think it is a matter of just one paragraph rewording. I
>>>>>     already told this to the authors. There are several conflicting
>>>>>     paragraphs that need to be reworded to make the complete text
>>>>>     coherent.
>>>>> 
>>>>>     You say that the main opponents are the other proposal authors,
>>>>>     of course, it can’t be other way, because everybody is convinced,
>>>>>     they are right.
>>>>> 
>>>>>     However, you’re missing that despite that, I’ve been trying to
>>>>>     help Anthony and Taiwo (they can confirm), even if I think that
>>>>>     the way you’re handling this is not correct according to the PDP
>>>>>     (and this brough me the additional problem of some other people
>>>>>     very angry with me – they don’t understand that I’m trying the
>>>>>     best for the community not for the authors a, b, or c).
>>>>> 
>>>>>     So those are two separate issues (helping to improve the proposal
>>>>>     and doing it in a way that is according to the PDP without any
>>>>>     trace of “PDP illegality”).
>>>>> 
>>>>>     Regarding the legacy there is a wrong working in the text. The
>>>>>     intent was to keep the same situation as we have now for
>>>>>     Intra-RIR, otherwise is not fair with existing transfers and you
>>>>>     need to add some more text to somehow compensate them. So the
>>>>>     text should be “5.7.4.3 Incoming transferred legacy resources
>>>>>     will no longer be regarded as legacy resources”. This way you
>>>>>     keep the reciprocity/compatibility with all the regions but at
>>>>>     the same time, you keep the actual status in AFRINIC compared
>>>>>     with the existing Intra-RIR policy (incomming works for both
>>>>>     inter and intra – we did the same in LACNIC).
>>>>> 
>>>>>     At this point I’m more and more convinced that, unless a new
>>>>>     version is processed in this “last-call” extension, it will not
>>>>>     work, but on the other side, I’m convinced that those are not
>>>>>     just editorial changes and it means is not the right way to
>>>>>     handle this.
>>>>> 
>>>>>     I shall insist that the right thing to do at this point is to
>>>>>     declare no-consensus and ask the board to call in December
>>>>>     (sufficient time to prepare for it, and to have a new version, or
>>>>>     even a new policy) for a specific policy meeting just for this
>>>>>     proposal and concentrate the list in discussing all the issues
>>>>>     and a text that we all can agree. Again is not a matter of
>>>>>     authors it is a matter of having the right thing for the community.
>>>>> 
>>>>>     I could even suggest that we all the authors of the 3 proposals
>>>>>     get together and find an agreement on this in a single text good
>>>>>     for all. At least we must try. You know that I already suggested
>>>>>     this before the Angola meeting.
>>>>> 
>>>>>     Regards,
>>>>> 
>>>>>     Jordi
>>>>> 
>>>>>     @jordipalet
>>>>> 
>>>>>     El 20/10/20 8:21, "ABDULKARIM OLOYEDE"
>>>>>     <oloyede.aa at unilorin.edu.ng <mailto:oloyede.aa at unilorin.edu.ng>>
>>>>>     escribió:
>>>>> 
>>>>>     Dear Sander and Community,
>>>>> 
>>>>>     We would take my time to respond to you as you hold our
>>>>>     equivalent seat in the RIPE region;
>>>>> 
>>>>>     As per the transfer policy, only about two or three issues were
>>>>>     raised during the last call.
>>>>> 
>>>>>     1. The problem statement looks like a business problem statement:
>>>>> 
>>>>>     Outcome: The problem statement does not go into the CPM hence, it
>>>>>     does not matter
>>>>> 
>>>>>     2. Issues with Legacy holders: This is a tricky one and there are
>>>>>     no right or wrong answers about it. Legacy holder remanning
>>>>>     legacy holder,  some feel is not fair, Legacy holder not
>>>>>     remanning legacy holders some feel it would be better.  On this
>>>>>     issue, we have gone back and forward on it because of the diverse
>>>>>     views of the community even as co-chairs we hold a diverse view
>>>>>     on this because both have advantages and disadvantages.
>>>>>     Personally, I have had to change my view on this issue when I got
>>>>>     a superior argument but I have not allowed my personal view to
>>>>>     have any effect on the decision we take on this issue. The
>>>>>     authors indicated that they do not mind whichever way the
>>>>>     community goes on this issue. Originally on the proposal, they
>>>>>     indicated "legacy holders should not remain legacy holders" they
>>>>>     were asked to change this and they also did. Therefore this issue
>>>>>     of Legacy holders can to be discussed separately more importantly
>>>>>     when there is no right or wrong answer on it and the authors have
>>>>>     been very flexible on this issue. The decision on this issue has
>>>>>     been addressed in relation to the transfer policy but it can
>>>>>     still be amended if the community agrees now or later in future.
>>>>>     We just have to go with the majority for now since no right or
>>>>>     wrong answer from our view.  We see how this goes.
>>>>> 
>>>>>     Finally, on the issue of reciprocity, As far as we all know, the
>>>>>     policy has no reciprocity issue and if any is pointed out then it
>>>>>     can be fixed. We keep getting a  vague response regarding this
>>>>>     issue and we cannot wait forever on this.
>>>>> 
>>>>>      If anyone knows of any other issue raised that has not been
>>>>>     fixed apart from emotional issues, please let us know.
>>>>> 
>>>>>     People kept on shouting about what is "Editorial" changes and
>>>>>     what is not, *but the word "Editorial" is not even in the CPM*.
>>>>>     Therefore it is subjected to a diverse definition. In this case,
>>>>>     we as co-chairs elected by the community has to step forward cos
>>>>>     this is our role. To take decisions on behalf of the community in
>>>>>     situations like this. Unfortunately, some people want to take
>>>>>     over this role.   We have two co-chairs for a reason and am sure
>>>>>     we both cant be stupid. Some said we should follow the convention
>>>>>     on this issue, we said "/Ok no problem/", Unfortunately, when we
>>>>>     reversed our decision it was the same person that criticised us
>>>>>     as if previous chairs never had reason to reverse their decisions.
>>>>> 
>>>>>     As far as we can see the main opponents of this proposal are
>>>>>     those that have a conflicting proposal and it is impossible for
>>>>>     all three proposals to pass. I hope they get this, We all love
>>>>>     the community and should not think some do more than the others.
>>>>>     We as Co-Chairs have to make a tough but rational decision as to
>>>>>     which of the three is most acceptable to the community. I have
>>>>>     explained this several times and no one as brought forward a
>>>>>     superior argument rather they keep chasing shadows, we took the
>>>>>     decision based on the proposal with the least number of
>>>>>     objections to it. More importantly, the authors have been very
>>>>>     flexible in making changes as suggested by the community.
>>>>> 
>>>>>     We have consistently asked, Please tell us any issue that has not
>>>>>     been fixed with this proposal and rather than getting a direct
>>>>>     answer what we get is you broke the CPM. We ask again point us to
>>>>>     the CPM we broke they cant point us to any.
>>>>> 
>>>>>     We understand that as shepherds for the community, we have to
>>>>>     take tough decisions and we are ready to do that as long as it is
>>>>>     in the best interest of the community.
>>>>> 
>>>>>     My humble suggestion to the community is that we now have time to
>>>>>     review this policy which is still on the last call. *Let us spend
>>>>>     our energy and time to review this in the interest of the
>>>>>     community and leave behind personal and selfish issues and stop
>>>>>     chasing shadows.*
>>>>> 
>>>>>     Hence, we call on the authors of the proposal to start a new
>>>>>     thread with the proposed text and allow for a line by line
>>>>>     discussion so that we can put this behind us and address other
>>>>>     issues that require the attention of the community.
>>>>> 
>>>>>     Thanks
>>>>> 
>>>>>     Co-Chair PDWG
>>>>> 
>>>>>     On Sun, Oct 18, 2020 at 9:33 PM Sander Steffann
>>>>>     <sander at steffann.nl <mailto:sander at steffann.nl>> wrote:
>>>>> 
>>>>>         On 18-10-2020 12:08, dc at darwincosta.com
>>>>>         <mailto:dc at darwincosta.com> wrote:
>>>>>> Dear Abdul,
>>>>>> 
>>>>>> Can you tell us on what basis you declared rough consensus and
>>>>>> eventually consensus on this proposal only to comeback and
>>>>>         reverse the
>>>>>> decision....
>>>>>> 
>>>>>> Maybe I’m missing something and your clarification is much
>>>>>         appreciated.
>>>>> 
>>>>>         This would indeed be very helpful. Abdul: please provide
>>>>>         pointers to the
>>>>>         messages on the mailing list where issues were raised and to the
>>>>>         messages those issues were addressed. After all: that is the
>>>>>         basis of
>>>>>         consensus.
>>>>> 
>>>>>         Cheers,
>>>>>         Sander
>>>>> 
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