[rpd] IPv4 Inter-RIR Resource Transfers (Comprehensive

Tue Nov 16 10:12:36 UTC 2021

Hi Paul,

See below in-line.

Regards,

Jordi

@jordipalet

El 16/11/21 10:12, "Paul Hjul" <hjul.paul at gmail.com> escribió:

Regarding the bylaws vs PDP.

ARIN may be a strange case, but if you look at LACNIC, APNIC and RIPE (as you said already), there is no such interference.

The community is always on top of the Board, in terms of responsibility on the PDP and resource decisions. Otherwise, consensus, community, etc., etc., will be a pure fiction and the RIR systems will be pure theater!.

The Board can?t take decisions that harm the membership or organization, that?s right, but if those decision come because the bylaws are written in a conflictive way with the community or the country legislation is simply not understanding what are the resources and what is the community, then: a) the bylaws should be amended, b) the organization must be changed to a country where the jurisdiction doesn?t create those problems. If this I not approached soon, the community has the right to form another RIR that either replaces AFRINIC, or set it in a different country. Note that I?m *not* for that, but to avoid that, the organization must resolve those conflicts.

Regards,

Jordi

@jordipalet

I cannot overstate how strongly I agree with the crux of what you are saying. Two minor points of disagreement/qualification

The outcome isn't just the the RIR system is pure theatre but rather that the RIR system becomes what can reasonably be described as a cartel and RIRs in that mould become a "criminal organization". Note I am not (lest I find myself with a 4 week ban) alleging that that is the situation at present but rather that unless we very quickly end some very bad ideas within the organization that the outcome is inevitable.

[Jordi] I’m with you on this. If we don’t solve the problem it may happen, I’m not saying it is happening already, at least not in a degree to be considered a cartel at this time.

(b) I don't see any reason why Mauritius should not be the domicile of an RIR - certainly compared to Florida (seat of dispute resolution for ARIN) and Virginia (domicile of ARIN) Uruguay, Queensland - and am strongly of the view that sentiment around relocating AFRINIC or reconstituting a new RIR for Africa in a different African state is not to entrench the community lead process and is wholly nonsensical. People seem far to happy to take issue with Mauritius's courts and legal system rather than addressing the problems of Afrinic.

[Jordi] I’m fine with the Mauritius jurisdiction. However, if you read the legal assessment from the previous versions of *all* the policy proposals (new IA’s not yet published, so you need to go to the previous one), AND the proposal that the Board didn’t ratified even if it reached a 99,99% of consensus, you will see that the legal assessment is claiming that some decisions of the community can’t be taken by AFRINIC because they will be against Mauritius law. *AND* this is *NOT* happening in other RIRs! So, either the legal assessment is missing the point, or the bylaws are encroaching the community, or the Mauritius laws have problems that don’t allow the community to be “free” as it should be, or a combination of all that.

Note also that I’d a conference call with the staff, including the legal staff, a few weeks ago (it was openly disclosed in the list), and I reached the same conclusion even before having access to the IAs: the Board is restricted by Mauritius laws which don’t understand what are the resources and the PDP/community.

Paul

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