[CRISP-TEAM] Feedback appreciated before UTC 13: 00 5th Jan: Re: SLA - Main sections and relevant principles (ver1.0)

[Izumi Okutani]

Thank you very much Paul.
This is really helpful with refernces to relevant sections in NTIA contract.


CRISP Team,
I'd like to discuss this in the coming call on 5th Jan.
Feedback on the mailing list appreciated as much as possible, for 
efficient discussions at the call.


Thanks,
Izumi


On 2015/01/04 22:16, Paul Rendek wrote:
> 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
>
>
> ----
>
>
> *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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