[rpd] Policy Proposal: in-region vs out-of-region use of resources, and restrictions thereon

[Jaco Kroon]

Hi Fernando,

I'm going to snip that on which I don't want/need further clarification,
please don't think I'm blatantly ignoring that (same to other responders
who have responded, thank you all), just looking to keep emails short
and to the point.

On 2021/07/29 18:04, Fernando Frediani wrote:

> Regarding time I don't think that is the case because as it stands now

> using most resources out of the region *is already forbidden*,

> therefore if one is using it is already not complying to the rules and

> must stop immediately. And even if one understands otherwise and if it

> is the same someone it using ALL resources out of the region it should

> not be given too much time to stop that given what that means to the

> context.


I believe that this is rightfully contented, so I'd like to understand
on what exactly from the CPM / By-laws / RSA you base this statement on?

I could not find anything when I looked at the CPM (other than the
single clause I quoted relating to the last /8).

My understanding is that any by-laws and the RSA, for matters relating
to resources, should be based firmly in the CPM.  So if this is not well
stated in the CPM, then any such restriction in the by-laws and RSA is
actually a moot point.  I'm not a lawyer, so please take the next
statement from that context, I suspect most lawyers will disagree with
this statement because they are trained to think top-down, not
bottom-up.  From a legal framework this is correct, however, from my
understanding, there is a requirement for the legal entity AFRINIC to
comply (within the ambit of the law, in this case Mauritian law since
that's where the company is founded and registered) with the policies
laid down by the community by way of the CPM.  I'm not sure they have
leeway to enforce (w.r.t. resources specifically) any rules that's not
written in policy inside the CPM.

Kind Regards,
Jaco

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