[rpd] Publication of Information (Draft-2) - AFPUB-2021-GEN-001-DRAFT02

Sun Nov 14 04:48:14 UTC 2021

I would have to agree with Owen here. Since AFRINIC is just an NGO, then
therefore they have no directive to play the role of a regulatory body or
law enforcement agency. Owen was just stating facts.

Gaby

On Sun, 14 Nov 2021 at 11:03, Owen DeLong via RPD <rpd at afrinic.net> wrote:

> What part of the CoC, exactly, do you accuse me of violating Mr. Kayihura?
>
> I am acting in the best interest of the AFRINIC community by calling out
> the corruption and misdeeds of the
> staff and board in the hope that it can be addressed by appropriate action
> by the membership.
>
> I did not engage in ad hominem, nor have I made an inaccurate statement
> about the nature of AFRINIC.
> It is, in fact, an NGO with no law enforcement powers.
>
> Owen
>
>
> On Nov 13, 2021, at 13:33 , Eddy Kayihura <eddy at afrinic.net> wrote:
>
> Dear PDWG Co-Chairs,
>
> I report an abuse of the code of conduct by Mr Delong in the email below.
>
> Regards,
>
> Eddy
>
> On 13 Nov 2021, at 23:02, Owen DeLong via RPD <rpd at afrinic.net> wrote:
>
> AFRINIC is an NGO. It is not a regulatory body and has zero legal
> regulatory authority. Any enforcement
> of its policies can only be accomplished through the enforcement of
> contractual obligations.
>
> Despite staff’s willingness to assert rules which don’t exist in the
> bylaws and attempt to extort bribes
> based on artificial claims of contract violations, they are not a
> government institution and have no
> regulatory powers.
>
> Owen
>
>
> On Nov 12, 2021, at 23:53 , Oluwabunmi Egbeyemi <
> oluwabunmiegbeyemi at gmail.com> wrote:
>
> Hi Daniel,
>
> May I ask if AFRINIC is a regulatory body or authority? If so then what
> kind of a government body does it belong to?
>
> Warm regards
> Oluwabunmi
>
> On Sat, Nov 13, 2021, 8:22 AM Murungi Daniel via RPD <rpd at afrinic.net>
> wrote:
>
>> Dear Gaby,
>>
>> Businesses disclose all kinds of information to regulatory authorities
>> all the time e.g local licensing boards. There are legal protections for
>> members against AFRINIC disclosing any content contained in the business
>> plans and other confidential information submitted by members.
>>
>>
>> Regards,
>> Daniel
>>
>>
>> On Nov 13, 2021, at 6:47 AM, Gaby Giner <gabyginernetwork at gmail.com>
>> wrote:
>>
>> Hi Jordi,
>>
>> Thanks for your explanation of the timeframe.
>>
>> I am taking the hypothetical stand of businesses that cannot disclose
>> their plans/business out of protecting their interests. It's just that a
>> certain level of privacy is expected esp when a company is starting or
>> making business decisions etc. Disclosing info to AFRINIC in exchange for
>> being allowed resources is like trading in info to a third party that could
>> very well be leaked (let's face it, it happens to corporations/businesses
>> every day). Aside from looking out for traditional corporation privacy
>> pitfalls, they also have to worry about their plans being disclosed to
>> AFRINIC.
>>
>> Also, I noticed a logical loop in the proposal. You said "Note also that
>> the policy text provides a way to avoid the publication if justified, or to
>> delay it. So if there is a bussiness that really requires having all the
>> resources up-front, AFRINIC agree on that (following the CPM), and it
>> requires more time and can’t be disclosed to protect the business, it is a
>> very valid justification."
>>
>> Then what is the point of the Publication of Information then if all
>> businesses claim that they 1.) require more time, and 2.) they don't want
>> to disclose information? At this point, actually they have disclosed
>> information already to AFRINIC.
>>
>> This is a hypothetical situation that is close to reality because I am
>> hard-pressed to find a company willing to give out their business plans to
>> a third party and at risk of their competitors.
>>
>> I hope my points are clear.
>>
>> Thank you,
>>
>> Gaby
>>
>>
>> P.S. my other points in the first email were just grammatical stuff but
>> the above is more important, thanks
>>
>>
>>
>> On Sat, 13 Nov 2021 at 01:28, JORDI PALET MARTINEZ via RPD <
>> rpd at afrinic.net> wrote:
>>
>>> Hi Gaby, all,
>>>
>>>
>>>
>>> According to existing policies in the CPM, you ask for resources based
>>> on justified need.
>>>
>>>
>>>
>>> If the justified need is not for an “immediate use” (1 year seems
>>> reasonable, 2 years may be too much already), then there is no sense that
>>> you request those resources in advance, or in fact probably AFRINIC will
>>> not allocate them and tell you “come back when you’re ready”.
>>>
>>>
>>>
>>> I will understand that a LIR that is deploying a big network with no
>>> customers yet, will request a smaller prefix and may be, in the case of
>>> IPv6, suggest to AFRINIC that they reserve some contiguos space for the
>>> next request. Actually this is already the practice in all the RIRs (sparce
>>> allocation).
>>>
>>>
>>>
>>> Note also that the policy text provides a way to avoid the publication
>>> if justified, or to delay it. So if there is a bussiness that really
>>> requires having all the resources up-front, AFRINIC agree on that
>>> (following the CPM), and it requires more time and can’t be disclosed to
>>> protect the business, it is a very valid justification.
>>>
>>>
>>>
>>> Regarding the rewording of my last paragraph, may be a language problem
>>> not being native speaker, I fail to see what is not clear, and I believe
>>> that the staff understood it correctly looking at the IA of the previous
>>> version: https://www.afrinic.net/policy/proposals/2021-gen-001-d1#impact
>>>
>>>
>>>
>>> What I’m saying is that in every first “2 years anyversary” of each
>>> resourse allocation the policy is “executed” and the summary provided and
>>> if agreed, published. Also, I’m stating that the implementation may be
>>> phased (slow start) by the staff in such way that there is no need to hire
>>> more resources. This is needed because otherwise when the policy is
>>> initially implemented there is a high demand of human resources to take
>>> over “all” those that already surpassed the 2 years.
>>>
>>>
>>>
>>> I’m not sure to understand your last point.
>>>
>>>
>>>
>>>
>>>
>>> Regards,
>>>
>>> Jordi
>>>
>>> @jordipalet
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> El 12/11/21 11:41, "Gaby Giner" <gabyginernetwork at gmail.com> escribió:
>>>
>>>
>>>
>>> Hi Jordi, hi everybody,
>>>
>>> Thanks for a quite insightful proposal. However, this type of proactive
>>> action (and the details/parameters that you gave) may not translate well
>>> into reality.
>>>
>>> Transparency and fairness are important values ofc, given that we
>>> operate behind the screen. My concern with the policy would be the
>>> parameters that you gave. Do you have a solid statistical basis that says
>>> in 2 years, a probable business that asked for resources from AFRINIC would
>>> be able to establish their business properly without adverse effects if
>>> ever AFRINIC should do as it says in the policy proposal?
>>>
>>> Secondly, your last paragraph:
>>> *"This policy shall be implemented in such a way that all the resources
>>> allocated/assigned for over 2 years, will be chronologically warned,
>>> allowing the staff to process the possible responses of “non-disclosure”
>>> without requiring extra human resources."*
>>> I'm having trouble understanding this in context with the other content
>>> in the proposal. Maybe a rewrite is in order.
>>>
>>> Finally, for the first paragraph, I would suggest that it should be
>>> rewritten. On the whole, while transparency is good, I think the execution
>>> should be considered carefully.
>>>
>>>
>>>
>>> Sincerely, Gaby.
>>>
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>>>
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