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

[Jaco Kroon]

Hi Arnaud,

On 2021/07/29 23:13, Arnaud AMELINA wrote:

>

>

> Le jeu. 29 juil. 2021 à 20:52, Jaco Kroon <jaco at uls.co.za

> <mailto:jaco at uls.co.za>> a écrit :

>

>     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.

>

> Je ne suis pas tout  à fait d'accord avec toi Jaco, les règles

> fontenusles dans le CPM complètent celles du Bylaw et du RSA dans leur

> spécificité opérationnelle

> Mais le principe de base contenu dans le RSA est claire les ressources

> sont et doivent être destinés aux services dans la région Afrique,

> sauf exception accordé par Afrinic, nous avons tous lus et signé ça en

> tant que membres-ressource  toute autre interprétation est

> tendancieuse et orientée vers un intérêt autre que de servir l'Afrique.


You're most welcome to disagree with me (and I thank you for the
respectful way in which you disagree, really appreciated), I did just
recheck both the RSA and the by-laws and cannot find any restriction on
where resources are used, as long as you're in the business of providing
services in the african region - that would hold if you're even using a
single /24 from a /8 on in region, and the rest can be out of region,
you'd still be compliant the way I read it.  If you'd care to enlighten
me by providing more specific points I'm missing, because this is the
only one from the by-laws:

6) MEMBERSHIP

6.1) Subject to the other provisions of this Article, membership shall
be open to:

 1. any Person who is geographically based within, and providing
    services in the African region, and who is engaged in the use of, or
    business of providing, open system protocol network services; or

Nothing in the RSA that's relevant that I can find.  If I'm just missing
it, please do point me at it.

Kind Regards,
Jaco

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