In my opinion, the right way to have this is:

 
Bylaws, almost as they are now. They refer already to the resources, PDP and 
the RSA.
RSA. Handles well the relation of any member with AFRINIC. However, this is 
only covering “full members” in the sense that they are getting any resources 
from AFRINIC *and* then they get the full set of services. For example, it 
handles in a very generic way the recovery of resources from members that 
violate PDP, stop paying fees, etc.
PDP (CPM). It tells AFRINIC what are the policies that they should apply to 
provide resources and services and under what conditions the services and 
resources are provided. The PDP is the most important document, the other two 
are just “frameworks”.
 

Note that I’m not saying that any of those documents is 100% correct, they all 
have mistakes, typos, things to improve, etc.

 

What we are missing:
A kind of RSA for legacy holders. If they decide to pay for the full set of 
services, they will sign the RSA. Note that this is not changing what we have 
already today. A legacy holder that got originally only IPv4 resources, and now 
as for an ASN or IPv6, they will need to sign the RSA already. However, a 
legacy holder that only has the original set of IPv4 resources allocated 
pre-RIR, still need some of the registration services, so we need a “slightly 
reduced fee” and a specific service agreement. May be “LSA” Legacy Services 
Agreement.
Maybe, to be able to do a)  in “better” conditions, the CPM should have a new 
section stating what are the policies that apply to the Legacy holders and what 
services they get. I think it is a simple section stating what sections of the 
existing CPM apply and what other not. I’m not saying it is easy to agree on 
this … this is PDP work. Note that a) could be written in such way that even if 
this new CPM section is still not available, once available, it will be 
enforceable. I know is difficult, but because they don’t get the full set of 
services, if we play well, this, together with the need for IPv6, ASN, etc., 
could push the legacy to join the regular membership, accept all the policies 
and sign the RSA instead of the LSA.
 

Regards,

Jordi

@jordipalet

 

 

 

El 11/2/21 18:46, "Paul Wollner" <paul.woll...@africaoncloud.net> escribió:

 

Hi Noah

 

Thanks for your prompt reply. I will say the same goes for the bylaw, they are 
both lawyer-made documents which should not govern the usage of community 
resource. Or else lawyers can do whatever they want to, then what is the point 
of having a community and CPM?

 

Using bylaw to justify the action of using RSA to manage IP resource is not 
only invalid (as RSA is a document written by lawyers)but also very ridiculous. 
These documents shouldn’t contain anything about resource management in the 
very first place because this can be used as an evidence of AFRINIC not 
following up its own “bottom up process” - which consequently violates its 
legitimacy of existence.

 

The only valid way of resource management is through PDP, by making changes to 
the CPM - both PDP and CPM are above any jurisdiction and any legal documents 
such as bylaw and RSA.

 

As for the bylaw and RSA, they should simply refer all resource management 
clauses to the CPM and delete all resource management clauses. The versions 
current are very poorly written and need to be redone.

 

Paul

 

 

 

 

 

---- On Thu, 11 Feb 2021 19:09:15 +0200 Noah <n...@neo.co.tz> wrote ----

 

Hi Paul,

 

Before we dwell into the RSA, please read the AFRINIC Bylaws and specifically 
article 3.4 sections (i) and (iii).

 

The constitution is clear on what the objectives of AFRINIC are among others. 
The RSA and ratified policies regulate the said management of Internet number 
resources.

 

Noah

On Thu, 11 Feb 2021, 19:54 Paul Wollner, <paul.woll...@africaoncloud.net> wrote:

Hello Everyone,

 

It is vital to note that the RSA is not the document to regulate the resource 
usage. If this is the case then, the entire bottom up policy will be obsolete! 
The RSA can easily be amended by AFRINIC which allows and permit an arbitrary 
form of changes being made neglecting the proper PDP flow. This form of 
suggestion and idea is dangerous as it allows AFRINIC absolute control.

 

We need to be mindful with what we say especially if we tend to argue for the 
sake of bashing certain individuals as this have the tendency to endanger the 
very basis that AFRINIC exists on, which is the bottom up policy.

 

The fact remains that the RSA is a mere contractual document which establishes 
the relationship between the Parties which are party to the document. In 
essence, any issues on ground of technicality is amendable and can be made 
right with proper resolution of the Parties and it is not the end of the world.

 

The above also encompass the mere technicalities including the change of 
nature. So long as the change of nature does not violate any written laws and 
are not used for crime, it should be permitted and AFRINIC should not be 
allowed to arbitrarily govern this, this will allow too much power upon them 
and, unfortunately, these recent weeks we can see clearly that at times the 
decisions that were made by AFRINIC are not the best.

 

Imagine changing the nature of one’s business and just by that your entire 
allocation is being revoked for that very reason. It doesn’t make any practical 
sense.

 

Regards

Paul

 

 

 

 

 

---- On Tue, 09 Feb 2021 23:21:39 +0200 Noah <n...@neo.co.tz> wrote ----

 

 

 

On Fri, Feb 5, 2021 at 4:47 PM Owen DeLong <o...@delong.com> wrote:

Originally, the space was used for some rather specialized connectivity 
services. Due to changes in the market and the legal environment, those 
services became less lucrative and the organization pivoted. 

 

Hardly any organization that has been in this business for more than 10 years 
is using every address they have for the exact purpose for which it was 
approved. 

 

None the less, delegating addresses to customers for their legitimate use as 
unique internet addresses remains the primary purpose of any IR whether it be 
regional, national, or local. 

 

There exists no requirement in policy that such delegations involve 
connectivity services. In fact, no RIR provides connectivity services to any of 
the organizations it issues addresses to. 

 

Certainly, if such a requirement were intended, it could have been written into 
the policy. 

 

Owen

 

Hi Owen,




Firstly, thank you so much for making more explicit the evidence which has been 
discussed here by the community since 2014.




IPv4 Addresses must be used for the purpose they were requested for and leasing 
is not allowed. 




I also find your point about RIR not providing connectivity services to 
organizations it issues addresses to, inappropriate because you know very well 
the mandate, role and the responsibilities of entities in the current Internet 
number registry hierarchy.



Noah 

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