That’s a legal question, and so should be answered by a lawyer of competent jurisdiction…   I am not such an individual, but I do understand that for parties that have a bona fide business interest with AFRINIC, it should be possible to contact the honorable receiver in order to obtain clarity on how any given matter will be handled. 

Hope this helps,
/John

John Curran
President and CEO
American Registry for Internet Numbers


On Sep 15, 2023, at 11:39 AM, Collider <large.hadron.collider@gmx.com> wrote:

Are amicus briefs a thing in the court governing AFRINIC's operations?


Le 15 septembre 2023 15:27:33 UTC, John Curran <jcurran@arin.net> a écrit :
Noah - 

I have had serious concerns with the operational risk posed by AFRINIC’s lack of governance body and lack of CEO – and thus have provided updates to NANOG several times to keep the community informed – but now there is finally a clear path to resolution; a situation that I see as far better than the convolutions of the organization over the past year with zero progress. 

You indicate that there is a real concern with the appointment of a receiver for AFRINIC – despite the fact that the receiver is directed by the court to hold an election for a new board of directors within six months. 

(Prior to this appointment, there has been no progress in getting AFRINIC back to normal member-elected governance – while one might have expected the individual directors to work together to achieve this outcome, that did not occur.) 

Could you elaborate on the "real concern” that now exists so that operator community can better understand?   The receiver may not operate transparently with respect to the community, but does operate under court supervision and authority –  I concur that this isn’t the typical way that we’d like an RIR to operate, but it is quite reasonable stricture for an organization that remains inquorate for nearly a year.

Thanks,
/John

John Curran
President and CEO
American Registry for Internet Numbers

On Sep 15, 2023, at 9:30 AM, Noah <noah@neo.co.tz> wrote:



On Fri, 15 Sept 2023, 15:53 John Curran, <jcurran@arin.net> wrote:
Noah - 

Indeed, that was a less than ideal situation – but I will note that the technical advisor was sent away by the Receiver once the Receiver was apprised of his litigation against AFRINIC.

John

It was not a less than ideal situation. Please dont take things lightly here.

This issue of the so called Technical Advisor showing up with the Official Receiver at AFRINIC offices is a real concern to us considering the lack of transparency by the OR on the matter.

Noah


Thanks,
/John

John Curran
President and CEO
American Registry for Internet Numbers

On Sep 15, 2023, at 8:49 AM, Noah <noah@neo.co.tz> wrote:



On Fri, 15 Sept 2023, 15:06 John Curran, <jcurran@arin.net> wrote:
Indeed - AFRINIC has been going through quite a bit over the few months – including loss of their governing board – but the receiver appointment actually provides a fairly straightforward path towards resolution.

John,

The receiver appointed showed up at AFRINIC offices with an IT contractor who is a party directly involved in ligitations against AFRINIC.

How is such an act a fairly straight forward path forward. ?

Noah


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