[CRISP-TEAM] [Feedback before UTC13:00 6th Jan ] SLA - Main sections and relevant principles (ver1.0)

[Izumi Okutani]

CRISP Team,


As follow up from the 8th call, please give your feedback before 
UTC13:00 6th Jan to the draft Paul has shared on SLA.

Early feedback would be appreciated to help Paul and Nurani incorporate 
it in the 2nd proposal.


Paul and Nurani,
Please see my earlier e-mail quoted below for the relevant comment from 
  Andrew Sullivan, which I shared at the 8th call.

Thank you again for volunteering to work on this!


Thanks,
Izumi



On 2015/01/05 20:23, Izumi Okutani wrote:
> Paul and CRISP Team,
>
>
> Many thanks again to Paul and RIPE NCC to have drafted main sections and
> relevant principles in SLA.
>
> I found it covers all major points and couldn't think of anything to add
> from my perspective.
>
> I'd just like to clarify one point, that there is a case scenario raised
> from Andrew Sullivan, on how we handle when the number resources
> function is the only function which needs change in the IANA operator.
> (See quote below)
>
> Would it be a fair understanding that viii. covers this point?
>
>
> ----
> Comment from Andrew Sullivan:
> (snip)
> Second, I don't know whether this matters, but the text does not seem
> to discuss the possibility of the NRO finding itself in the position
> of needing to change IANA operators, and yet being unable to get other
> IANA users to do the same thing.  That scenario, however, is implied
> by the NRO undertaking a contract with ICANN presumably just for the
> functions the NRO needs done.  I don't think this is a big deal, but
> it might be worth saying something about how termination is expected
> to be handled.  If this is implied in the retention of the existing
> framework, perhaps an additional sentence making this slightly plainer
> would be helpful.
> (snip)
> ----
>
>
> Regards,
> 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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>> CRISP at nro.net
>> https://www.nro.net/mailman/listinfo/crisp
>>
>