D'une manière inhabituelle, John Curran (le président d'ARIN) a jugé bon de 
poster ce qui est copié ci-dessous sur la liste PPML d'ARIN.

C'est trolldi, Lu Heng quelqu'un connait ?
Pas moi, évidemment; je suis innocent comme l'agneau qui vient de naitre.

Michel.


From: ARIN-PPML [mailto:arin-ppml-boun...@arin.net] On Behalf Of John Curran
Sent: Friday, August 27, 2021 6:55 AM
To: ARIN-PPML List
Subject: [arin-ppml] AFRINIC And The Stability Of The Internet Number Registry 
System
Importance: High

ARIN Community -  

In response to questions about the dispute in the AFRINIC region, please refer 
to the following article (link and text attached below – 

<https://teamarin.net/2021/08/27/afrinic-and-the-stability-of-the-internet-number-registry-system/>

FYI,
/John

John Curran
President and CEO
American Registry for Internet Numbers

===

August 27, 2021

AFRINIC And The Stability Of The Internet Number Registry System
By John Curran - President and CEO, American Registry for Internet Numbers, 
Ltd. (ARIN)

As many in the community are aware, the Regional Internet Registry (RIR) that 
serves Africa (AFRINIC) has been involved in litigation with a company known as 
“Cloud Innovation” operating out of the Seychelles and under control of an 
individual named Lu Heng (who resides primarily in Hong Kong.) Disputes between 
RIRs and their customers do occur from time to time, and it is best that such 
disputes are resolved within that RIR, its community, and/or the applicable 
legal and courts system if necessary.   

ARIN does not normally comment on disputes or related litigation occurring at 
another RIR, but this matter has become quite different, as it is both highly 
public and has potential for significant impact to the overall stability of the 
Internet number registry system and thus to ARIN and its community. Therefore, 
I address the ARIN community to provide insight into the nature of the dispute, 
to highlight some troublesome aspects of the ongoing litigation, and finally to 
reiterate ARIN’s unwavering support to AFRINIC and the African networking 
community. 

The Dispute and Litigation

In 2020, AFRINIC completed a registry audit to confirm that number resources 
were properly reflected in the registry; and as a result, determined that it 
required additional information from Cloud Innovation regarding its utilization 
of previously issued Internet number resources. This sort of resource review is 
not uncommon among the RIRs, and ARIN has its own resource review process that 
is similar in nature. Upon reviewing the information provided by Cloud 
Innovation, AFRINIC determined that the resources were not being utilized for 
the purposes for which they were issued and noted that they would be revoked 
(after a suitable time to allow customer migration off those resources.) Mr. Lu 
and his businesses disputed AFRINIC’s authority to enforce this provision of 
its customer agreement and instead engaged in several legal actions in the 
courts in Mauritius to prevent having to return the address blocks to AFRINIC. 

As noted earlier, normally disputes are routine in nature and are generally 
best resolved by the individual RIR, its community, and/or the applicable legal 
& courts system. However, among the motions that Cloud Innovation has made is 
one that currently freezes AFRINIC’s accounts and thus has the potential to 
hamper AFRINIC’s operations and ability to serve both the community in Africa 
as well as the global community that relies upon the Internet number registry 
system.  ARIN takes stability of the Internet number registry system very 
seriously; and considering this risk, we are compelled to provide this update 
to the ARIN community as it needs to be aware of these developments and 
potential implications. I must also share some of ARIN’s knowledge related to 
this matter as it informs and directs our stance going forward. 

Prior Dealings with ARIN 

ARIN has first-hand experience and insight into Mr. Lu’s business practices in 
seeking IP number resources. Mr. Lu, through Cloud Innovation, Ltd., received 
6.2 million IPv4 addresses from AFRINIC in four different installments[1]; 
however, it is worth noting that in 2013,Mr. Lu, through his company Outside 
Heaven, Ltd., also approached and sought over one million IPv4 addresses from 
ARIN. ARIN ultimately refused to provide any resources to him and his business 
for two main reasons: First, during the review of his application to justify 
the provision of Internet number resources, Mr. Lu refused to provide ARIN with 
information that was repeatedly requested on a number of occasions; and second, 
the information provided by Mr. Lu was misleading and inconsistent.  In 
addition, Mr. Lu had no meaningful business establishment in the ARIN region; 
and based on his own representations, it was clear the intended use of the IPv4 
addresses—if they were issued—was for business activities outside the ARIN 
service region.  Given the seriousness of potentially false statements made to 
ARIN to obtain number resources, ARIN attempted to engage in appropriate due 
diligence with which Mr. Lu was unwilling to cooperate.  ARIN refused his 
application for IPv4 number resources.

Use of the AFRINIC Resources Out of Africa

ARIN has reviewed the utilization of the number resource blocks issued by 
AFRINIC to Cloud Innovation and determined that the overwhelming majority of 
the approximately 6.2 million IP addresses issued have not been used within the 
African continent. While there are cases of entire address blocks being routed 
from an ISP in South Africa, Cloud Innovation also has announced more specific 
routes from ISPs in Hong Kong and the United States. Because more specific 
announcements take routing precedence, this rendered the routing announcement 
at the South African ISP moot and resulted in the vast majority of the traffic 
usage being outside of Africa. Such a result is not surprising as Cloud 
Innovation has indicated that they predominantly “lease” the IP address space 
to other parties rather than utilize it to provide connectivity services 
directly.

It is apparent that Cloud Innovation’s use of the issued number resources is 
not being used for the purpose for which they were issued; and as such, it 
appears that AFRINIC is within its rights per the registration services 
agreement to reclaim them so that they may be used for the benefit of the 
African community.  This is among the issues that will need to be considered by 
the Mauritian court, as well as whether there was fraud in the inception of the 
contractual process when the resources were issued. Because AFRINIC is directly 
involved in the litigation, it has quite properly limited its public comments 
on the ongoing litigation with Mr. Lu and his companies. However, Mr. Lu, and 
parties related to Mr. Lu, have not limited their actions to the courts and 
have maintained a steady stream of confusing and inconsistent misinformation to 
the public that apparently distorts the issues to cast AFRINIC in a most 
unfavorable light. Neither the AFRINIC nor the ARIN communities should expect a 
quick answer from the courts, but it will ultimately yield a ruling. In the 
interim, as procedural motions are being sorted out, the community should not 
make judgements about the court proceeding until the substantive issues are 
addressed.     

Joint RIR Stability Fund 

The RIRs have committed to mutual assistance, in kind and financial, to ensure 
operational continuity of the Internet number registry system; and in 2015, the 
RIRs established a Joint RIR Stability Fund as a prudent contingency measure 
towards long-term Internet number registry stability. The Fund has been 
established through voluntary pledges of funds from individual RIRs’ reserves, 
and upon an RIR’s duly submitted request for support from the Stability Fund, 
the funds may be made available to support that RIR’s registry and policy 
development activities. There is in excess of $2M USD of financial support 
collectively pledged from the RIRs for this purpose; and in addition, support 
can also be provided in-kind (e.g., through operational staff for support of 
operational activities if needed.)   

If AFRINIC requests support in accordance with the Joint RIR Stability Fund, 
ARIN will support such a request.  Furthermore, and without reservation, ARIN 
stands by its unwavering commitment to support AFRINIC and will take any and 
all measures necessary to ensure that neither the African networking community, 
nor the global Internet number registry system, is operationally impacted 
during this period. AFRINIC was formed (and has accomplished so much) for the 
benefit of the African networking community and ARIN stands with the community 
in dealing with those who seek to disrupt or exploit it for their own benefit.

[1] 

154.80.0.0/12 (Issued 07/24/2013)

45.192.0.0/12 (Issued 12/1/2014)

156.224.0.0/11 (Issued 12/22/2015)

154.192.0.0/11 (Issued 09/16/2016)

===

---------------------------
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