[NRO-IANAXFER] Internet Number Community IANA StewardshipProposal: Final Call for Comments

Pindar Wong pindar.wong at gmail.com
Sat Jan 10 23:34:27 CET 2015


On Sun, Jan 11, 2015 at 2:10 AM, Jim Reid <jim at rfc1035.com> wrote:

> On 10 Jan 2015, at 17:02, Hans Petter Holen <hph at oslo.net> wrote:
>
> > On 09.01.15 21.01, Richard Hill wrote:
> >> I am saying (1) that the community should review and take a position on
> all
> >> of the language of the new contract and (2) that the details of the
> >> arbitration clause and the choice of law clause are sufficiently
> significant
> >> that they should be included in the current document.
> > This sounds ideal, but my guess is that the collective competnece of
> international contract law is slighty below our collective competence of
> IP-addressing, routing and network technology in general.
>
> I agree.
>

> > The numbering community has established formal bodies to handle this,
> the RIR boards & management, which I trust will get appropriate legal
> advice.
> >
> > I trust these bodies will handle this in the best interest of our
> community.
>
> Indeed. We have more than enough confidence in the RIRs' legal counsel to
> rely on their advice as and when it's needed. Or should do.
>
> > The way I see your suggestions - arbitration is important to get right,
> but I do not see strong consensus  to micro manage this by the community at
> this stage.
>
> +1
>

+ 1 and Yes. I'd strongly recommend leaving it to the relevant people
concerned (the formal legal staff, boards and management concerned -- it's
in their interest to get devilish details right and they will hopefully do
so without trying to out lawyer ICANN).

Perhaps a fundamental question... but as time/expertise permits ... I would
like a  response to Jim's earlier observation:

Emphasis mine:

'FWIW it's not yet clear to me *how or why a contract would be better than
the current IANA-RIR arrangements* or be an improvement once NTIA oversight
goes away. '

Thanks in advance (and back to helping the kids with exam prep!)

p.






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