[CRISP-TEAM] Status update

[Bill Woodcock]

> On Jan 15, 2015, at 10:09 AM, Andrei Robachevsky <robachevsky at isoc.org> wrote:
> > - The intellectual property issue is waiting on specific text,
> > though everybody is expressing goodwill about it.
> 
> I supplied text in a separate e-mail. Let me know if I need to re-send it.

I got that, and it matches what’s currently in the document.  But a bunch of people are talking about changes, and aren’t being specific enough for me to be able to tell what they want to change.  I believe the two sections under discussion are III.A.2 and III.A.3, and I’m appending the current version.  If anyone wants a change to the current version, please say _exactly what change you want_ and _exactly where it should go_, and ideally get other people to chime in in agreement, so I can tell whether there’s consensus or not.

What’s there right now is fine with me, but that’s generally the case with all of this stuff.

                                -Bill



III.A.2.	IPR related to the provision of the IANA services remains with the community

There are several intellectual properties related to the provision of the IANA services whose status should be clarified as part of the transition: the IANA trademark, the IANA.ORG domain name, and public databases related to the performance of the IANA Numbering Services, including the IANA Numbers Registries.

It is important that the IPR status of the registries remains clear and ensures free and unrestricted access to the public registry data throughout the stewardship transition. It is the expectation of the Internet Number Community that the IANA Number Registries are in the public domain.

It is also the expectation of the Internet Number Community that non-public information related to the IANA number resource registries and corresponding services, including the provision of reverse DNS delegation in IN-ADDR.ARPA and IP6.ARPA, is managed by the IANA operator and will be transferred to its successor(s). All rights on non-public information related to the IANA number resource registries and corresponding services must be transferred to the RIRs.

It is the preference of the Internet Number Community that all relevant parties agree to these expectations as part of the transition.

With regards to the IANA trademark and the IANA.ORG domain, it is the expectation of the Internet Number Community that both are associated with the IANA Numbering Services and not with a particular IANA Numbering Services Operator. Identifying an organization that is not the IANA Numbering Services Operator and which will permanently hold these assets, will facilitate a smooth transition should another operator (or operators) be selected in the future. It is the preference of the Internet Number Community that the IANA trademark and the IANA.ORG domain name be transferred to an entity independent of the IANA Numbering Services Operator, in order to ensure that these assets are used in a non-discriminatory manner for the benefit of the entire community. From the Internet Number Community’s perspective, the IETF Trust would be an acceptable candidate for this role.

The transfer of the IANA trademark and IANA.ORG domain to the IETF Trust will require additional coordination with the other affected communities of the IANA Services, namely, protocol parameters and names. It is the preference of the Internet Number Community that all relevant parties agree to these expectations as part of the transition.

III.A.3.	Service Level Agreement with the IANA Numbering Services Operator

The Internet Number Community proposes that a new contract be established between the IANA Numbering Services Operator and the five RIRs. The following is a proposal to replace the current NTIA IANA agreement with a new contract that more directly reflects and enforces the IANA Numbering Services Operator’s accountability to the Internet Number Community. The proposal attempts to ensure the continuity of processes and mechanisms that have proved successful and with which the community is satisfied.

The services provided by the IANA Numbering Services Operator in relation to the IANA Numbering Services remain unchanged.
The policy sources identified in Section II.A are unaffected.
The oversight and accountability mechanisms detailed in Section II.B remain unchanged.
The entities that provide oversight or perform accountability functions (the RIRs) remain the same.
The consequence of failure to meet performance standards remains unchanged: termination or non-renewal of the contract.
The agreement, essentially a Service Level Agreement for the IANA Numbering Services, would obligate the IANA Numbering Services Operator to carry out the IANA Numbering Services according to policies developed by the Internet Number Community via the gPDP as well as management of the delegations within IN-ADDR.ARPA and IP6.ARPA domains. The agreement would include specific requirements for performance and reporting consistent with current mechanisms and would specify consequences should the Numbering Services Operator fail to meet those requirements, the means for the resolution of disputes between the parties, and the terms for renewal or termination of the agreement. IANA Numbering Services should be reliable and consistent, with any registry changes made in an open and transparent manner to the global community. The agreement should also require the IANA Numbering Services Operator to appropriately coordinate with any other operator of IANA Numbering Services. The agreement would also provide for jurisdiction and governing law regarding the new arrangement.

It is expected that the RIRs, as signatories to this agreement, will draft the specific language of the agreement under the guidance of the Internet Number Community which they serve. The drafting process will be guided by the principles listed below. References to relevant sections of the current NTIA contract are also noted, as it is expected the new agreement will share many of the same contractual goals and mechanisms.



IANA Service Level Agreement Principles

1.	Separation of Policy Development and Operational Roles

The IANA Numbering Services Operator will merely execute the global policies adopted according to the global Policy Development Process defined in the ASO MoU.
Relevant section(s) in the NTIA contract: C.2.4, C.2.5


2.	Description of Services Provided to RIRs

The IANA Numbering Services Operator will maintain the IANA Number Registries and provide IANA Numbering Services to the RIRs in accordance with the specific processes and timelines described in this section of the agreement.
Relevant section(s) in the NTIA contract: C.2.9.3


3.	Obligation to Issue Reports on Transparency and Accountability

The IANA Numbering Services Operator will commit to certain obligations so as to perform the function as expected by the Internet Number Community and will be obliged to periodically issue reports illustrating its compliance with the Internet Number Community’s expectations.
Relevant section(s) in the NTIA contract: C.2.6, C.2.7, C.2.8


4.	Security, Performance, and Audit Requirements

The IANA Numbering Services Operator will commit to specific security standards, metric requirements, and audit requirements and will be obliged to periodically issue reports illustrating its compliance with them.
Relevant section(s) in the NTIA contract: C.3, C.4, C.5


5.	Review of the IANA Operations

The RIRs will perform reviews to assess whether the IANA Numbering Services Operator complies with all requirements described in the agreement whenever they deem appropriate. The IANA Numbering Services Operator will be obliged to facilitate this review.

6.	Failure to Perform

If the IANA Numbering Services Operator fails to perform as agreed, there will be specific consequences. One of these consequences may be termination of the agreement.
Relevant section(s) in the NTIA contract: E.2, I.67


7.	Term and Termination

RIRs will be able to periodically review the agreement and evaluate whether they want to renew the agreement. Either party may terminate the agreement with reasonable prior notice.
Relevant section(s) in the NTIA contract: Page 2 of Award, I.51, I.52, I.53


8.	Continuity of Operations

If, at the end of the term, the RIRs decide to sign an agreement for provision of IANA Numbering Services by a different party, the previous IANA Numbering Services 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


9.	Intellectual Property Rights and Rights Over Data

The contract will implement the RIR community expectations as described in section III.A.2.
Relevant section(s) in the NTIA contract: H.4, H.5


10.	Resolution of Disputes

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

11.	Fee

The fee is based on costs incurred by the IANA Numbering Services Operator in providing the IANA Numbering Service.

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