Thank you for sharing the information and documentation. It is really refreshing to get facts and evidence … rather than opinion.
This is a challenge to AfriNIC: why does it take the opposing party to litigation to be transparent. It is a real indictment that CIL and not AfriNIC is publishing the injunction! I suggest you publish ALL the relevant documentation - or there will be only one fact based narrative! Mike > On 14 Jul 2021, at 03:38, tech <[email protected]> wrote: > > This letter is a follow-up to the unfortunate incident arising from the > actions taken by AFRINIC (African Network Information Centre), including > terminating our (Cloud Innovation Ltd) membership and reclaiming our number > resources which we consider to have been totally unnecessary, unreasonable, > and unjust. The action has not caused only serious damage to Cloud Innovation > and hundreds of its clients' businesses, but also to hundreds of millions of > end-users who were potentially endangered at the same time. > > We are pleased to announce that urgent interim relief has been granted to > Cloud Innovation by the Honourable Judge in Chambers of the Supreme Court of > Mauritius( herewith attached) to prevent AFRINIC from reclaiming our number > resources in such illegal manner. As a result of which, Cloud Innovation > will now be in a position to resume business as normal until the issues are > resolved before the competent courts.. > > For the sake of clarity and transparency, we would share with you as set out > below the background which led to the current state of affairs: > > - AFRINIC issued a letter to Cloud Innovation on June 23, 2020, accusing > Cloud Innovation of policy violations. AFRINIC threatened to take actions and > demanded an immediate response within 14 days. Despite the short notice, > Cloud Innovation investigated AFRINIC's accusations carefully. Cloud > Innovation did not find any policy violations of its own but only AFRINIC's > own misinterpretation of its policy document and errors in understanding the > nature of BGP. Cloud Innovation duly issued a response on 13 July 2020, > within the deadline set by AFRINIC to explain the misunderstanding of > AFRINIC’s own documents and erroneous assertions regarding routing. > > - After eight months, AFRINIC issued a letter on 10 March 2021 ( being > the first day Mauritius went into a second national lockdown due to COVID-19) > to Cloud Innovation, raising similar alleged breaches as those alleged in > June 2020 but with the following warning note:: > > To address the aforementioned issues, Cloud Innovation Ltd is hereby most > formally required to promptly and accurately submit its “change request” in > compliance with Clauses 4(a) and 2(d) of the RSA, as well as ensure full > compliance with AFRINIC. The “change request” must > include: > I. Detailed utilisation information for all the aforementioned IPv4 prefixes > including the services for which the resources are being used and country of > service origin. > II. Planned utilisation of your remaining IPv4 space for the next 8 months > III.Your “change request”, if any, should reach AFRINIC by 12-04-2021, by the > close of business. > AFRINIC shall consider the merits of your request, if any, and will in its > sole discretion determine whether to terminate the RSA as well as to proceed > with the reclaiming of the IPv4 Number Resources allocated to Cloud > Innovation Ltd. You are further informed that AFRINIC shall not be held > liable for any loss or damage of whatever nature arising out of the present > notice or any action that AFRINIC may take in accordance thereof. Your > “change request”, if any, should reach AFRINIC by 12-04-2021, by the close of > business.AFRINIC shall consider the merits of your request, if any, and will > in its sole discretion determine whether to terminate the RSA as well as to > proceed with the reclaiming of the IPv4 Number Resources allocated to Cloud > Innovation Ltd. You are further informed that AFRINIC shall not be held > liable for any loss or damage of whatever nature arising out of the present > notice or any action that AFRINIC may take in accordance thereof. > > The false accusations made by AFRINIC and our response/views are > attached in a separate document (named:Chronology) for the benefit of all the > community.. > > - As the 3rd largest member of AFRINIC, Cloud Innovation serves > hundreds of millions of end-users through hundreds of telecoms and ISPs > around the world. The services, such as hosting websites, counts for > over 1.5 million websites hosted by Cloud Innovation's IP alone. Thus, there > is no way, especially with the size of Cloud Innovation, to fully and wholly > satisfy AFRINIC's request within the timeframe it provided. With the real > threat of membership termination and hundreds of millions of users' > connectivity on the line, Cloud Innovation was left with no option but to > seek the mercy of the court in Mauritius during a period of lockdown with > limited resources. An interim order of injunction was therefore issued by the > Mauritius court on April 7,2021 to protect the interests of end-users and to > forbid AFRINIC from acting irrationally. > > > - By virtue of a judgment issued on the evening of 7 July 2021, the > said injunction was lifted on the basis of a mere legal technicality basis, > which was partially caused by the inability to provide a power of attorney to > our lawyers in Mauritius during the total lockdown of Mauritius, a direct > result of AFRINIC releasing such a letter to us on the first day of the > Mauritius lockdown. > > - In order to protect our interests and the hundreds of millions of > users of number resources registered to us, we took immediate action by > filing an appeal against the judgment on the very next day.. > > - In order to safeguard its interests, Cloud Innovation had to again > seek urgent relief before the Supreme Court of Mauritius. By virtue of an > interim order of injunction issued on 13 July 2021, AFRINIC has been > restrained and prohibited from terminating our membership and reclaiming our > number resources. The said proceedings are now pending before the Supreme > Court of Mauritius. > > - We welcome the urgent intervention of the Supreme Court of Mauritius > for interim relief in order to protect our rights as a member. . We would > like to inform those concerned that the operations of our number resources > will revert to normal at the earliest as AFRINIC is under an obligation to > comply with the Judge’s Order as attached. > > - We wish to emphasise that as an AFRINIC member in good standing, we > consistently abide by their policy and strive to contribute to the community > to the best of our ability. We have never intended to take any action against > AFRINIC but are obligated to take the appropriate measures to protect > ourselves, the hundreds of our customers, and hundreds of millions of > end-users. > > - We reserve full and absolute legal rights and remedies in respect to > AFRINIC's actions against us. > > We would also like to clarify that as the NRO has stated in their letter, > "All RIRs, on occasion, face allegations of errors in implementation of > policy or agreements, and such disputes, being routine in nature are best > handled by the individual RIR and/or its community ", such routine > disagreement (mostly in all the other RIRs, or AFRINIC before this > management) is sorted by merely communicating between the tech team and the > registration services department of the respective RIR. It has never come to > such drastic actions before, like the RIR threatening and endangering the > very stability of the Internet. > > We trust the above has shed some light on the matter for all those concerned. > We are grateful for the continued belief and support we have received from > all of you. > > > <alleged routing inconsistancy by AFRINIC.xlsx><Cloud Innovation Reply to > AFRINIC.pdf><First Letter AFRINIC.pdf><Cloud Innovation-3 problem with > AFRINIC accusation.xlsx>< Chronology.pdf><Second Letter AFRINIC.pdf><Court > Ruling and our appeal.pdf>_______________________________________________ > Community-Discuss mailing list > [email protected] <mailto:[email protected]> > https://lists.afrinic.net/mailman/listinfo/community-discuss > <https://lists.afrinic.net/mailman/listinfo/community-discuss>
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