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

[Arnaud AMELINA]

Salut Jaco, nous devons respecter toutes les personnes qui se respecte et
contribuent sur cette liste avec respect. Ma réponse dans les lignes
ci-dessous.

Le jeu. 29 juil. 2021 à 22:58, Jaco Kroon <jaco at uls.co.za> a écrit :


> 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> 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:

>

Un document contractuel doit être considérer dans sa globalité, quand je
veut le prendre en compte.

Anisi au 6 Acknowledge alinéa (b) on a:
*Having taken cognizance of the preamble of the present agreement*,  fully
and unreservedly subscribe thereto with the clear understanding and
acceptance of  AFRINIC’s critical role in the stability and the continued
evolution of the Internet as agreed by its members and the community in
terms of adopted policies.

*Préambule*

*a (vi)* empowered to fulfill a stewardship role *for those number
resources allocated to it*,  *for the use of the African Internet community*
as constituted by its members collectively;

African internet community, not global internet community, not for use
everywhere they want. Please any interpretation of this is out of scope.

Providing services outside Africa is in breach of this Agreement which is
for to provide services in Africa.

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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