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

Richard Hill rhill at hill-a.ch
Mon Jan 12 10:43:45 CET 2015


Dear Pindar,

No, a contract is not the only way forward, but (1) the NTIA placed some restrictions on the post-transition situation and (2) proposals for the NRO to take over the IANA function didn't get much support.  Given that, it seems to me that  a contract is the only sensible way forward.  And I haven't seen any concrete suggestions for alternatives.

Best,
Richard
  -----Original Message-----
  From: Pindar Wong [mailto:pindar.wong at gmail.com]
  Sent: samedi, 10. janvier 2015 23:47
  To: rhill at hill-a.ch
  Cc: Jim Reid; ianaxfer at nro.net
  Subject: Re: [NRO-IANAXFER] Internet Number Community IANA StewardshipProposal: Final Call for Comments






  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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