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

Pindar Wong pindar.wong at gmail.com
Sat Jan 10 23:46:50 CET 2015


On Sun, Jan 11, 2015 at 6:37 AM, Richard Hill <rhill at hill-a.ch> wrote:

>  Regarding the question "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", I would reply that the current
> proposal covers matters that are covered in the current IANA functions
> contract between ICANN and NTIA, but are not covered in the current
> IANA-RIR arrangements.
>

and a contract is the only way to forward?  yes/no.

p.


>
> Best,
> Richard
>
> -----Original Message-----
> *From:* ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net]*On
> Behalf Of *Pindar Wong
> *Sent:* samedi, 10. janvier 2015 23:34
> *To:* Jim Reid
> *Cc:* ianaxfer at nro.net
> *Subject:* Re: [NRO-IANAXFER] Internet Number Community IANA
> StewardshipProposal: Final Call for Comments
>
>
>
> 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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