Hi Alan,

Thanks – that’s actually a very useful reference – particularly if we dig into 
it deeper:

3.4 The Company shall have, both within and outside the Republic of Mauritius, 
full capacity to carry and/or undertake any business or activity, including but 
not limited to the following objects:
(i) to provide the service of allocating and registering Internet resources for 
the purposes of enabling communications via open system network protocols and 
to assist in the development and growth of the Internet in the African region;
(ii) to promote the representation of AFRINIC membership and the Internet 
community of the African region by ensuring open and transparent communication 
and consensus-driven decision-making processes;
(iii) to promote responsible management of Internet resources throughout the 
African region, as well as the responsible development and operation of 
Internet infrastructures;
(iv) to provide educational opportunities to the public so as to increase 
understanding within African communities of Internet technical and policy 
issues;
(v) to propose and take such steps as are necessary to promote the development 
of public policies in the best interest of members and to seek legislative and 
regulatory consideration, whether by way of meetings or representations, of 
issues of general benefit to the members, where and when appropriate;
(vi) to develop and promote technical and business practice standards related 
to Internet service provision to members;
(vii) to disseminate among its members information on all matters affecting the 
Company and its members and to provide for and be a central channel of 
communication for the members of the Company and generally for the furtherance 
and promotion of their interests;
(viii) to cultivate and obtain reciprocal relations with kindred institutions; 
and
(ix) to do all other things incidental or conducive to the attainment of all or 
any of the objects of the Company.

My reading of the above is as follows – and I’d love to hear other thoughts and 
comments on these:

Clause (i) is pretty much technical in nature – which talks to the technical 
function of AfriNIC
Clause (ii) I would say is a little more vague – though rather than speak to 
mandate it speaks to mechanism 
Clause (iii) I would say is now starting to enter into the political realm and 
starts getting murky – because the word responsible is open to interpretation – 
and in my time in this industry I have seen both providers and states argue 
about what responsible is in many different ways.  Even when it comes to the 
debate about net neutrality – I have seen providers argue that shaping one 
thing over another is the ‘responsible’ decision.  So I’d say that’s very very 
open to interpretation.
Clause (iv) is even more interesting – the technical issues are simple – and 
isn’t really open to much interpretation – what is technical fact is technical 
fact.  However – the understanding of policy is another story – because the 
effects of policy and the interpretation of policy becomes a very political 
issue.  Policies aren’t cut and try.
Clause (v) is in my view clearly in the political realm – it speaks to lobbying 
– and that means taking partisan positions – and it speaks to doing it in 
political forums.  I would argue that in the debate about the anti-shutdown 
policy we sit firmly in the domain of 3.4.(v) based on what it says there – a 
political issue where we are now taking a stance.  The only question is how 
strong a stance can we take – is it purely a matter of lobbying or can we take 
a carrot and stick approach (I would argue that we are not precluded from 
creating a policy that does have a stick attached to it by anything in 3.4 – 
again though – open to hearing interpretations)
Clause (vi) concerns me – I am not sure that any RIR should be involved in the 
creation of business process – though I would also say it is not something we 
have ever engaged in.  Business process is different from company to company, 
country to country – but its perhaps another thing we need to debate amongst 
the community
Clause (vii) is stock standard corporate best practice
Clause (viii) is just sensible ☺
Clause (ix) though is *REALLY* interesting when taken into account with 3.4.(v) 
because it opens the door – 3.4.(v) I would argue puts us deep in the political 
realm – and 3.4.(ix) in combination allows us to extend that to using the stick 
proposed.

As I said though – these are my interpretations of the various clauses – and 
I’m really hoping to see some more debate about this from the community at 
large.  Let’s discuss – and truly understand ourselves and our nature and our 
bylaws.

Thanks

Andrew


On 15/04/2017, 12:14, "Alan Barrett" <[email protected]> wrote:

    
    > On 14 Apr 2017, at 22:39, Andrew Alston <[email protected]> 
wrote:
    >  
    > But it raises a question – and its one I’ve been debating at length 
online with multiple people.
    >  
    > AfriNIC – completely neutral technical body
    > AfriNIC – political organisation with a technical function
    > AfriNIC – A hybrid of both of the above?
    >  
    > Because that impacts how we view things – and it impacts the role that 
the organisation should be playing. 
    
    AFRINIC’s goals are stated in section 3.4 of the Bylaws 
<https://afrinic.net/en/about/bylaws/2001-afrinic-bylaws-2016?start=2>
    
    My summary is that AFRINIC has a dual mandate, to allocate and register 
Internet number resources, and to promote the development of the Internet, 
focusing on Africa but not ignoring the rest of the world.
    
    Alan Barrett
    
    
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