On 16 Jun 2022, at 11:43 PM, Owen DeLong 
<o...@delong.com<mailto:o...@delong.com>> wrote:

On Jun 15, 2022, at 13:07 , John Curran 
<jcur...@arin.net<mailto:jcur...@arin.net>> wrote:

Since you’re opining on such matters, do you believe a "plain text reading" of 
the applicable documents allows AFRINIC to restrict use to the same purpose for 
which they were originally requested and issued?

Unless notification was provided pursuant to RSA clause 4(iv)(3), yes.

Owen -

If you are referring to clause 4(c)(iv)(3), then I am rather surprised, since 
that clause refers not to simply a “notification" to AFRINIC, but rather an 
"update _any_ data submitted to AFRINIC” (emphasis added)…  there is quite a 
substantial difference.

My understanding is that in the case of Cloud Innovation, this requirement was 
met by updates to WHOIS, as no other process for providing said updates is 
provided in the RSA, CPM, or bylaws.

There are numerous clauses in the AFRINIC RSA that can require a party provide 
notice (and/or updating associated information) to AFRINIC despite having no 
specific process for submission – and it is my understanding that parties 
manage to provide such notice and/or updated information via actual 
mail/courier/email processes all the time.   Is it your belief that simple 
Whois updates would suffice for any of the other AFRINIC RSA notice/update 
clauses?   Why would this be the case?

I only ask because I don’t quite understand how a Whois update could ever 
considered a substantive response to a requirement for a party to update “any 
data submitted to AFRINIC" [as per 4(c)(iv)(3)] – and particularly in 
circumstances where the new intended usage has substantially changed from the 
original request for resources.  Does your understanding of the situation 
include how or why such a Whois update could possible satisfy the irrevocable 
obligation to keep updated the information supplied to AFRINIC during RSA 
application?

Thanks,
/John

John Curran
President and CEO
American Registry for Internet Numbers










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