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[rpd] [RPD] should the allocation/assigment of resources be made public?

JORDI PALET MARTINEZ jordi.palet at consulintel.es
Sun Aug 1 13:14:17 UTC 2021


Hi Sylvain,



I agree that the legal assessment, should come with the IA, however, we know for experience, that sometimes it comes too late and that means that then the Board decides NOT TO RATIFY a policy even if it reaches consensus … TOO BAD.



So, my view at this point, is that being this a very “simple” proposal and not being under pressure in terms of weeks before the PPM, it doesn’t harm to make sure that the staff provides an initial input *now* (I mean, in the next few weeks, I understand they are too busy with the legal issues now).



I also think the community need to define “n” very well, not being an operational matter.



Let’s seeks for some more discussion in the list before moving on …



Saludos,

Jordi

@jordipalet







{add a volunteer; as in Cc:}

Dear PDWG,



Please see my comments below, inline...

Le sam. 31 juil. 2021 à 11:48 AM, JORDI PALET MARTINEZ via Community-Discuss <community-discuss at afrinic.net> a écrit :

Hi Sylvain,



Hi Jordi,



Thanks for you kick reaction, brother :-)





(subject changed and moved to RPD and we should follow the discussion there and not copy community, as it belongs to there)





...'community-discuss' removed!





I don’t think is so easy.





Being easy shouldn't be the only motivator :-/





It is very normal, even in open organizations, to keep confidentiality in many documents. It could be even ruled as illegal if you don’t accept that in the CPM, if we ground the CPM under Mauritius law, which is an open question. However, the CPM implementation is done by the AFRINIC as a Mauritius legally constituted organization …





...i agree, brother, this question could be

left to the Legal Team, through the IAR

(Impact Analysis Report)...it is also an

obligation to provide such information

to the PDWG; at least as states in CPM

section 3.4.0:



~°~

[...] AFRINIC shall also provide relevant facts and statistics

if requested during the discussion.

~°~





Remember that a justification for a resource request, can provide insights of a business plan and then you’re opening your business to your competitors.



...notwithstanding it, is appears that

there is actually a real problem to solve.





So the point is if we can draft something in the line of:





Thanks for this draft...





***

(new section 3.3.4 “Publication of Information”)

IPv4 resources are scarce and close to exhaustion. So, following the principles of openness, transparency and fairness as set above, after





Please considere to insert the following piece of text:



~°~

...completing any allocation process for

a Ressource Member, or an assignment

for an End User, the Staff has six months

to publish a set of comprehensive information related to the documentation

submitted to satisfy the need-based

condition, which MUST be vetted prior to

any distribution of INRs; to be used

within the AfriNIC's service region.

~°~



“n” years of every allocation/assignment of IPv4 resources, the justification of the request must be published.





...please remove all the above.





Towards that, the resource member will be warned 3 months before the publication with a draft of the summary to be published,. It will have up to 1 month, to provide a demonstration of reasons why some of the details can’t be made public (such as patents or similar), that show the uniqueness nature of the services offered which, if disclosed, could damage the resource member business. The staff will have 1 month to decide if that’s the case, and in doubt, they will escalate to the Board that must resolve in a maximum of 1 month.

This policy shall be implemented in such way that all the resources allocated/assigned for over “n” years, will be chronologically warned in such way that allows the staff to process the possible responses of “non-disclosure” without requiring extra human resources.

***



Now, we need to decide if this is good enough, and how many years for the “n”. 2 years maybe?





...no need to define that constant! imho.





I will love also to hear from legal counsel/Board and lawyers participating in the community, how they see it …





...i too! as for any other DPP :-)





I’m not even sure myself, this could work, but we could try.





...brother, i'm not sure that all DPPs which

appeared to be obvious ended up ratified :-)



Unless, someone propose a better solution, it's worth trying it, imho...



Thanks once more.



Shalom,

--sb.



Regards,

Jordi

@jordipalet

Dear AfriNIC's Community,



Please see my comments below, inline...

Le mercredi 28 juillet 2021, Owen DeLong via Community-Discuss <community-discuss at afrinic.net> a écrit :


>

> [...]

>




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