The point here is not that EC cannot exercise their fiduciary duty, but how and when. If done in a different way that expected it may violate the PDP. Another important point is: EC is not above PDP, is beside it, otherwise it voids ICP-2 that talks about bottom up process and in such process members cannot be above community. Each part have their duties and prerogatives in order develop policies and protect the organization.

Best regards
Fernando

On 1/20/2026 3:31 AM, Terry Sweetser wrote:
Hi Luke,

Have to agree, the policy is actually sound and the optional extra proved to be too expensive --- effectively the policy has been adopted wholly by EC without any real conflict with the PDP.  The flexibility of allowing the EC to exercise duty of care and diligence on the matter is actually a great outcome.

Regards,
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Terry Sweetser
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On Tue, 20 Jan 2026 at 16:10, Luke Thompson <[email protected]> wrote:

    Hey all,

    I'm glad that prop-167 has been mostly endorsed. Hopefully I don't
    misunderstand.

    I think timing and handling of policy-related actions has been a
    bit choppy and deserves review, as several have pointed at now.
    Hopefully that improves.

    The part about the metadata and potential privacy concerns, I
    think stats must be visible - to that end it seems nearly all of
    the proposal text has been endorsed, except the final point about
    having it also feed into MyAPNIC(?), so this is approved anyway
    except the web integration part?

    That seems reasonable given the breadth of what was *not* refuted,
    as the same data is to be made available "another way" - at least
    to my perception - via JSON/CSV/etc.

    It can easily be argued the EC has relied on the proposal v2
    wording of the final (and only rejected) point's wording "if
    possible", and leveraged their caution against that - because that
    proposal text did not make it definitive, unlike the approved
    policy text.

    They quoted the final point only as refused. The rest was fully
    endorsed. So given what Terry has outlined, which makes sense in
    edge cases to protect against self damage/destruction via
    over-commitment, and based on my above understanding, I think
    prop-167's outcome is OK in balance.

    Many thanks,

    Luke Thompson, CTO
    The Network Crew P/L

    E: [email protected]
    https://tnc.works

    On 20 January 2026 4:59:20 pm Terry Sweetser
    <[email protected]> wrote:

    Hi Aftab,

    We would agree fully if this was purely a debate on policy
    implementation.

    And I feel the EC also feels the policy is good and helps with
    transparency: however policy does not get a blank cheque.

    And either way, I feel this is not an impasse as Resolution
    2025-32 endorses and accepts the policy but highlights the risk
    and cost of implementing the real time features.

    I do now wonder what happened with the feasibility step of the
    policy process and why this matter was not flagged then?

    Regards,

    
<https://about.me/terry.sweetser?promo=email_sig&utm_source=product&utm_medium=email_sig&utm_campaign=gmail_api&utm_content=thumb>
        
    Terry Sweetser
    about.me/terry.sweetser
    
<https://about.me/terry.sweetser?promo=email_sig&utm_source=product&utm_medium=email_sig&utm_campaign=gmail_api&utm_content=thumb>




    On Tue, 20 Jan 2026 at 15:41, Aftab Siddiqui
    <[email protected]> wrote:

        Hey Terry,
        We have been through this before, but let me put this hear again

        - EC exercise as the Board of Directors of the APNIC Pty Ltd
        and have the delegated fiduciary duty.
        - Yes, the EC has fiduciary duties. According to the APNIC
        Bylaws, they manages "the activities, functions and affairs
        of APNIC and the corporation" (Bylaws 30(b)). They establish
        budgets and determine expenditure ceilings (Bylaws 30(g)). So
        yes, they have ultimate responsibility for APNIC's financial
        health.
        - What has happened is violation of established governance
        framework. further in next step
        -  If the EC can simply declare "we won't implement this due
        to XYZ reason or financial constraints," then: Why have a PDP
        at all? Why spend weeks/months on community consensus? Why
        not stop the process when secretariat submit their report?
        What's the point of the "refer back" mechanism in Step 5?
        - If the EC had genuine concerns about cost/feasibility, the
        PDP explicitly provides the mechanism. EC could have formally
        state: "We estimate this will cost $X and require Y staff
        time, which we cannot accommodate as per current financial
        standing" so Dear Community, please discuss whether to
        proceed, modify, or withdraw. This is transparent decision-making
        - It sets a dangerous precedent, If the EC can selectively
        implement parts of policies which reached consensus at OPM
        and then at member meeting based on "practical
        considerations" or "perceived fiduciary duty" then any policy
        can be rejected after consensus and most importantly EC
        becomes the policy-making body, which they certainly are not
        and community along with member consensus becomes meaningless



        Regards,

        Aftab A. Siddiqui


        On Tue, 20 Jan 2026 at 16:22, Terry Sweetser
        <[email protected]> wrote:

            Hi Aftab,

            Alas, it's not as simple as that. The EC, as the Board of
            Directors, has a fiduciary duty over and above the PDP,
            and they have ultimate responsibility for the financial
            resources of APNIC.  So, yes, there is now policy, but
            the Secretariat will not implement it due to the
            practical considerations around resources needed but not
            available. This will feed into the fees and finances
            debate this year, I have no doubt.

            
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            Terry Sweetser
            about.me/terry.sweetser
            
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            On Tue, 20 Jan 2026 at 15:08, Aftab Siddiqui
            <[email protected]> wrote:

                Dear Secretariat,
                or if anyone from EC would like to comment on this,

                As per my understanding of the PDP, the EC's Role
                According to Step 5 clearly states the EC has three
                options only after the consensus has reached at the
                OPM and then at AMM/AGM:

                - Endorse the proposal for implementation
                - Do not endorse the proposal and refer back to the
                Policy SIG for further discussion with clearly stated
                reasons
                - Do not endorse the proposal and refer the
                endorsement to a formal vote of adoption by APNIC members

                It can't be endorsed by EC and then ask secretariat
                to implement some parts of it. It's a binary function
                and since this policy has been endorsed by the EC as
                per the meeting minutes then it has to be implemented
                as written.


                Regards,

                Aftab A. Siddiqui


                On Tue, 20 Jan 2026 at 13:13, Dave Phelan
                <[email protected]> wrote:

                    Dear Colleagues

                    The APNIC Executive Council endorsed the
                    following proposals, at its meeting on 2-4
                    December 2025.

                    prop-162: WHOIS Privacy
                    (https://www.apnic.net/community/policy/proposals/prop-162/)
                    prop-166: Revocation of Persistently
                    Non-functional RPKI Certification Authorities
                    (https://www.apnic.net/community/policy/proposals/prop-166/)
                    prop-167: Published Statistics on Directory
                    Service Usage
                    (https://www.apnic.net/community/policy/proposals/prop-167)

                    prop-167 contained the following notes from the
                    EC (full text available in the EC Minutes
                    
(https://www.apnic.net/wp-content/uploads/2026/01/APNIC-EC-Meeting-Minutes-December-2025-Complete-Public.pdf):

                    "..with respect to publishing real-time or
                    near-real-time statistics about its directory
                    services usage as set out in the proposal text.
                    Noting that the text of Prop-167-v002 requests
                    APNIC "Include a feature within the MyAPNIC
                    portal allowing resource holders to view how many
                    times their allocated resources (such as IP
                    addresses or ASNs) have been queried in WHOIS and
                    RDAP, broken down by query type and source ASN if
                    possible...”, the Executive Council notes that
                    the cost, resourcing, and potential privacy
                    concerns outweigh the immediate benefit of such
                    functionality and as such does not consider it
                    feasible at this time. "

                    Next steps

                    ----------

                    The Secretariat will begin the implementation
                    process and inform the community as soon as it is
                    completed.

                    Regards
                    Dave Phelan
                    APNIC Secretariat

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