[CRISP-TEAM] SLA - Main sections and relevant principles (ver1.0)

[Paul Rendek]

Dear Colleagues,

Please find attached and in the text below a first draft of the SLA main
sections and relevant principles (ver 1.0) - taken from the existing
NTIA contract as well as suggestions made to the IANAXFER mailing list.

This list of principles is not an exhaustive list. We have taken the
main sections that we believe are important to highlight as principles
that an SLA can be deveopled around. We believe that this list of
principles will position the the RIR communities as the ultimate
stewards of the Internet Number Resources and the Registry.

If there are any sections you feel are missing and important to
highlight please send these along to the list.

Cheers,
Paul Rendek

RIPE NCC


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*SLA - main sections and relevant principles (ver 1.0)*

 

The purpose of this document is to present:

·      The main sections of the proposed SLA to be signed between the
RIRs and the IANA Operator,

·      The principles, according to which the RIRs legal teams will
develop the details of each section,

·      The relevant sections of the NTIA contract.

 

* *

*i.         **Applicability of ASO MoU - Separation of Policy
Development and*

*Operational Roles *

 

/Principle: /

The IANA Operator will merely execute the global policies adopted
according to the ASO MoU.

 

/Relevant section(s) in the NTIA contract:/

 C.2.4, C.2.5

 

*ii.         **Distribution of Internet Number Resources by the IANA
Operator to RIRs *

 

/Principle:/

The IANA Operator will distribute the Interne number Resources to the
RIRs in accordance with specific processes, timelines, communication etc
that will be described in this section of the SLA.

 

/Relevant section(s) in the NTIA contract:/

C.2.9.3

 

*iii.         **Obligation to issue Reports on Transparency and
Accountability *

 

/Principle:/

The IANA Operator will commit to certain obligations in order to deliver
the function as expected by the community and will be obliged to
periodically issue reports describing the way it complies with the
community’s expectations.

 

/Relevant section(s) in the NTIA contract:/

C.2.6, C.2.7, C.2.8

 

*iv.         **Security Requirements – Performance Metric Requirements –
Audit Requirements *

 

/Principle:/

The IANA Operator will commit to specific security standards, metric
requirements and audit requirements and will be obliged to periodically
issue reports describing the way it complies with them.

 

/Relevant section(s) in the NTIA contract:/

C.3, C.4, C.5

 

*v.         **Review of the IANA operations  *

 

/Principle:/

The RIRs will periodically perform a review to assess whether the IANA
Operator complies with all requirements described in the SLA. The IANA
Operator will be obliged to facilitate this review.

 

/Relevant section(s) in the NTIA contract:/

N/A

 

*vi.         **Failure to perform *

 

/Principle:/

If the IANA Operator fails to perform as agreed in this SLA, there will
be specific consequences. One of them may be the termination of the
contract (details in the section “term and termination” of this SLA.

 

/Relevant section(s) in the NTIA contract:/

E.2, I.67

 

vii.         *Term and termination*

 

/Principle:/

The term of the SLA will be fixed. After the end of the term the parties
may resign the SLA.

The SLA can be unilaterally terminated before the end of the term for
reasons related to the performance of the IANA Operator or for other
specific reasons (bankruptcy/ insolvency of the IANA Operator, breach of
trust between the parties etc).

 

/Relevant section(s) in the NTIA contract:/

Page 2 of Award/Contract, I.51, I.52, I.53

 

*viii.         **Continuity of operations*

 

/Principle:/

If after the end of the term the RIRs decide to sign the SLA with a
different party, the previous IANA Operator will be obliged to ensure an
orderly transition of the function while maintaining continuity and
security of operations.

 

/Relevant section(s) in the NTIA contract:/

C.7.3 and I.61

 

 

*ix.         **Intellectual Property rights and rights on Data *

 

/Principle:/

The RIRs will have unlimited rights in all data delivered under this
contract and in all data first produced in the performance of this
contract.

If the IANA operator becomes the owner of intellectual property rights,
these rights will be transferred to the public domain or to the RIRs. In
case the legislation does not allow such transfer, the IANA operator
will have to grant appropriate licenses

 

/Relevant section(s) in the NTIA contract:/

H.4, H.5

 

*x.         **Resolution of Disputes*

 

/Principle:/

Disputes between the parties related to the SLA will be resolved through
arbitration.

 

/Relevant section(s) in the NTIA contract:/

N/A

 

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