I would be very curious to hear from a legal perspective what - if any - legal 
liability AfriNIC has in a situation like this.

The fact is - space has value - and if space is stolen - used for spam or 
whatever else - and the reputation of said space is damaged - it’s value 
decreases.  Now I fully realize that space can be hijacked - and at that point 
potentially the hijackers may hold the liability. However - when the space 
seems to have been stolen and sold off by a staff member of the organization 
that is meant in effect to the curator of the space - I question if there is 
not a liability issue at play if it can be proven that due care was not taken 
to safe guard against the actions taken.

I’m no lawyer though so I would really be interested to know the legal 
perspective - can an rir be held liable to the actions of its staff if it did 
not adequately protect against the actions taken.

Andrew

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________________________________
From: Mark Elkins <[email protected]>
Sent: Thursday, December 5, 2019 3:59:57 PM
To: [email protected] <[email protected]>
Subject: Re: [Community-Discuss] The Looting of AFRINIC


Totally agree with you Mike. It should have been almost impossible to 
manipulate the non-legacy space - yet it happened. In this case (looting of 
non-legacy space), the RSA has meant nothing.

On 2019/12/05 14:46, Mike Silber wrote:
Be that as it may - that seems to ignore the fact that there appears to have 
been significant malfeasance regarding non-legacy space.

I just want to ensure that we maintain a balanced view of the problem and not 
deflect it to focus only on the legacy space issue.

It terms of priorities - it would make sense to me to focus on how space that 
should have been subject to the RSA has been mis-appropriated and then turn to 
the more difficult question of legacy space. If the current processes are open 
to abuse, then moving legacy space under those processes may not have the 
desired outcome.

Mike

On 5 Dec 2019, at 14:27, Mark Tinka 
<[email protected]<mailto:[email protected]>> wrote:

Completely agree with Sunday.

Mark.

On 5/Dec/19 13:02, Sunday Folayan wrote:
Isn't it time to address Legacy space issues, specifically ancient squatters on 
spaces meant to develop the Internet in Africa, AfriNIC Services and bringing 
legacy spaces under some form of RSA?

I urge the community to think beyond the sensation and let us see how to help 
and empower the people doing useful work for Africa.

Thanks.

Sunday.

On 04/12/2019 6:23 PM, Ronald F. Guilmette wrote:
I hope you all will take the time to read and think about the following
news story.

https://mybroadband.co.za/news/internet/330379-how-internet-resources-worth-r800-million-were-stolen-and-sold-on-the-black-market.html<https://mybroadband.co.za/news/internet/330379-how-internet-resources-worth-r800-million-were-stolen-and-sold-on-the-black-market.html>
  I will have more to say about this in due course.  For the moment, I only
wish to say that the investigation undertaken by myself and Jan Vermeulen
is ongoing, and that many others are provably involved.
    Regards,
rfg


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