Proposal
1.0 Summary of the Problem Being Addressed by this Policy Proposal
As Internet Number resources are finite, their allocation is based on operational needs of end-users and Internet Services Providers while avoiding stockpiling in accordance with RFC7020, IPv4 Allocation Policies (CPM 5.5), IPv6 Allocation and assignment policies (CPM 6.5) and Policies for Autonomous System Number Management (CPM 7.0).
Section 4 of the Registration Service Agreement (RSA) provides a framework for investigations of usage of allocated Internet Number resources, defines members’ obligation to cooperate and measures to be taken by AFRINIC in case of failure to comply.
The lack of such investigations or regular controls can lead to inefficient usage of the Internet Number resources, to stockpiling and other type of abuses.
2.0 Summary of How this Proposal Addresses the Problem
In order to ensure efficient and appropriate use of resources, AFRINIC shall conduct regular reviews of resource utilization held by its members. This would allow recovery of any type of resource where usage is not in compliance with the RSA. Those resources can be reallocated for better usage.
3.0 Proposal
The policy proposal will modify the CPM by inserting a section 13 as follows:
13.0 Internet Number Resources Review
Regular reviews of resource utilization are conducted by AFRINIC to ensure efficient and appropriate usage of resources. This allows for recovery of any type of resource where usage is not in compliance with the RSA; to allow such resources to be reallocated for better usage.
13.1 Reviews shall be based on compliance with the terms outlined in the RSA and Allocation/Assignment Policies.
13.2 The reviews cover all allocated/Assigned resources, but priority goes to IPv4 and ASN mappable to two-octet ASNs.
13.3 Classes of review: Members to be reviewed shall be selected according to the following classes:
13.3.1 Random
The member is chosen by AFRINIC at random between members of the following categories:
- Medium and above
- IPv6-only Large
- EU-AS
13.3.2 Selected
A Member is selected because of an internal report or due to a lack of contact between the AFRINIC and the member.
13.3.3 Reported: Here, members are reviewed either because:
a) They have requested the review themselves or;
b) There has been a community complaint made against them that warrants investigation. Complaints shall be backed by evidence and AFRINIC staff shall evaluate the facts as appropriate to conduct the review. However, this review is not applicable to a member with the same resources portfolio on which a full review has been completed in the preceding 24 months.
c) AFRINIC staff may, at its sole discretion, after having assessed the nature of the evidence found in the community complaint, require that such evidence be:
- submitted in the form of a sworn affidavit or
- declared to be true before a Commissioner of Oath.
13.4 In case of non-compliance and if evidence has been established in accordance with:
- Breach of AFRINIC policies,
- Breach of the provisions of the registration service agreement or other legal agreements between the organization holding the resource and AFRINIC
AFRINIC shall initiate the resource recovery process:
a) AFRINIC shall attempt to contact the organization and correct any discrepancies or observed non-compliance towards the RSA.
b) If the situation cannot be rectified and the member did not transfer the resources to meet other AFRINIC-approved needs as per adopted policies, AFRINIC shall publish the resources to be recovered for a period of three (3) months; during which the organization may at any time, seek compliance or transfer the resources to other members. After this period, the resource shall be recovered and the records of the previous holder of the recovered resource shall be updated in AFRINIC’s databases.
c) Any Internet Number Resources recovered under this policy may be assigned/allocated under existing Allocation and Assignment Policies.
13.5 Appeals procedure
Reviewed members who are not satisfied have the right to appeal against the result within the four weeks. Appeals shall follow an arbitration process as provided for in the Code de Procedure Civile (Code of Civil Procedure) of the Republic of Mauritius. AFRINIC may, on request from an aggrieved party, suggest a pool of arbitrators who shall be knowledgeable volunteers from the community.
13.6 Compliance Report
AFRINIC shall publish an annual meaningful report describing review activities in accordance with all applicable laws and regulations.
4.0 Acknowledgements
The authors thank Ms Wafa Dahmani Zaafouri (later appointed to the AFRINIC Governance Committee and is currently the Chair), Mr Serge ILUNGA (later elected to the AFRINIC Board for the Region Independent Seat) and Mr Alain P. Aina for their contributions towards the development of this Policy proposal.
The authors also thank the community for all discussions and contributions.