[rpd] A question for the PDWG

[Mike Silber]

Hi Jordi

> On 24 May 2022, at 16:41, JORDI PALET MARTINEZ <jordi.palet at consulintel.es> wrote:
> 
> Hi Mike,
>  
> While this is debatable, the parts of the bylaws that are broken, where already broken when those bylaws were created in order to constitute AFRINIC to comply with the ICP-2.

I don’t see any basis for debate here. Once an RIR is established - ICP-2 essentially ceases to have any legal or compliance relevance and simply has moral guidance.
>  
> As a consequence, the recognition of AFRINIC could be declared invalid, because *was not* complying with “3) Bottom-up self-governance structure for setting local policies”.

Respectfully, there is no basis for any such declaration of invalidity? Who would declare it invalid: ICANN or a court? If a court - in which jurisdiction? If ICANN - based on what provision of the ICANN by-laws?

Please give a real example of how such declaration of invalidity - otherwise this is just FUD.
>  
> I will prefer not to go that direction, but this means that broken thins should be fixed, not ignored by the Board every time we come to the same conclusions. I guess you (others) will agree with me that it is necessary to fix whatever is found broken?

Quite happy to agree that the bylaws can be improved, but it has nothing to do with ICP-2.

Regards

Mike
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