The African Network Information Center (AFRINIC), one of the five Regional Internet Registries (RIRs) pivotal to the operation of Internet infrastructure, has been moved into receivership by Court Order from the Bankruptcy Division of the Supreme Court of Mauritius, as detailed in an NRO official statement. While this development occurred quietly, it is important to note. Detractors of Internet governance could perceive this development as a failing of private governance. However, a closer examination reveals an important lesson.
AFRINIC’s entrance into receivership demonstrates one of the effective mechanisms in private contract-based Internet governance. Despite the serious governance challenges that we outlined earlier, this recent turn of events in the AFRINIC drama underlines the strength and resilience embedded in the private Internet governance model.
A core aspect is the enforcement of rule of law, the appointment of a court appointed receiver will preserve organizational stability while it replaces leadership. The receiver’s role is to maintain the status quo of AFRINIC’s assets and preserve the value of the business. Under receivership, AFRINIC is restrained from any relocation or a takeover, merger, restructuring, or management control. The receiver is tasked with overseeing an election process in accordance with AFRINIC’s constitution, facilitating the formation of a proper board, and appointing a Chief Executive Officer, all within an expedited process with court oversight. Although legitimate questions have been raised about Mauritian bankruptcy procedure and the system seems overburdened, the government acts only as a safeguard ensuring continuity of operations and services provided by AFRINIC, including the allocation of critical Internet resources, which will continue uninterrupted.
These developments provide a vivid illustration of how private and public sectors collaboratively ensure resilient Internet governance. Receivership does not denote a breakdown but is a structured remediation, ensuring that any board and policy mismanagement issues do not escalate into systemic failures that could threaten global digital connectivity.
The whole scenario again shows private contractual governance is capable of self-correction and adaptation to challenges, with the rule of law and government enforcement acting as necessary checks in the system. It affirms effective governance by and resilience of the RIRs and ICANN/PTI, showing them capable of handling crises while ensuring the uninterrupted management of critical Internet resources that Internet infrastructure is dependent on.
Disclaimer (my company Crystal Web is the applicant in a significant injunction preventing malfeasance from Afrinic)
While the article is on the mark there are two weaknesses. Firstly the critique of the Mauritian insolvency practice is predicated on a 2004 analysis, which is outdated and there have been material changes. There are valid critiques and concerns about current insolvency and business rescue law and practice in Mauritius. A receivership is really a form of business preservation type rescue. However the sourcing is erroneous as its out of date. Moreover in light of blatant lies by John Curran about Mareva Injunctions in Mauritius any misrepresentation of legal process in Mauritius is quite problematic and forms part of a dangerous agenda to allow RIRs to pick a jurisdiction that will allow them to do as they please.
Secondly, a great amount of the crisis at Afrinic is a result of the improper lobbying of governments and successive attempts to strong arm the Mauritius authorities and bully resource members.
Unfortunately the RIRs (save RIPE) have demonstrated clear contempt of the private sector contractual approach to Internet governance. The result is that whilst ICANNs good office steps in regard to Afrinic are welcome the malfeasance of the NRO (particularly the brazen and corrupt effort to threaten the sovereign state Mauritius) and the efforts to enable the ATU (an intergovernmental body – the regional African Telecommunications Union) to exercise direct control over Afrinic (giving the ATU the power to determine Afrinic’s board and circumventing a resource member lead election).
Paul –
You state “Moreover in light of blatant lies by John Curran about Mareva Injunctions in Mauritius any misrepresentation of legal process in Mauritius is quite problematic and forms part of a dangerous agenda to allow RIRs to pick a jurisdiction that will allow them to do as they please.”
You’ll need to elaborate here – what precise remarks by me are you referring to?
Paul –
You state “Moreover in light of blatant lies by John Curran about Mareva Injunctions in Mauritius any misrepresentation of legal process in Mauritius is quite problematic and forms part of a dangerous agenda to allow RIRs to pick a jurisdiction that will allow them to do as they please.”
You’ll need to elaborate here – what precise remarks by me are you referring to?
The RIRs have not sought at any point “to pick a jurisdiction that will allow them to do as they please” – our letter to the government of Mauritius was to apprise them of the situation with AFRINIC and note AFRINIC’s inherent nature as an international organization that serves the entire continent – as an such needs to be subject to Mauritius law, but with deliberate care due to the potential for impacts beyond the borders of Mauritius. This notice was deemed necessary after an order was issued on an ex parte basis for the garnishment of AFRINIC’s bank accounts, thus putting AFRINIC’s operations at risk.
Despite your representations, the Regional Internet Registries have always supported AFRINIC and community self-governance – both in AFRINIC’s original formation, in its operation over the years, and to the day in seeking a path forward that leads to member elections of a new governing board.
Thanks,
/John
John Curran
CEO, ARIN
2023 Chair, Number Resource Organization
Paul –
Contrary to your assertions, at no time have the Regional Internet Registries sought “to pick a jurisdiction that will allow them to do as they please.” The RIRs did take the opportunity to write the Mauritius government to apprise them of the situation with AFRINIC and take note its inherently international nature –thus the need for it to be subject to Mauritian law but also that such application occur with all due care as a result of the potential for impacts to the entire continent.
The RIRs have always stood in support of AFRINIC and self-governance by the African Internet community: this has been the case during AFRINIC’s original formation, its operation over the years, and even now during its process back to member-based elections and a proper governing board. To represent otherwise not disregards the decades of work the RIRs have done supporting AFRINIC and is quite disingenuous.
Sincerely,
/John
CEO, ARIN
2023 Chair, Number Resource Organization