Hi,
On 01-Dec-14 12:54, Bertrand de La
Chapelle wrote:
1) IETF has a MoU with ICANN, but unless I am mistaken
(and I can very well be), it is not incorporated. I don't remember
if the NRO has a similar arrangement, but I do not think it is
incorporated either. Doesn't this open the possibility of
arrangements without having to create a Contract Co., with all the
recursive accountability and jurisdiction concerns we discussed?
I do not see Company Co. as having recursive accountabilty issues as
it reports to the PRT and is only an administror as indicated
analogously in BCP101. Which shows such arrangements are possible.
But if we do accept the notion that ICANN does not hold the function
in perpetuity, and I don't such a iCANN forever proposal could reach
consensus, then there has to be someone to hold that contract in
'trust' for for the Internet community.
In the IETF situation, as BCP 101 indicated, all contracts are
actually held by ISOC in trust for the Internet community. Maybe we
can ask ISOC to hold the contract for us as well instead and avoid
the need for the Contract Co. Personally I would trust ISOC to stand
up ICANN and they have shown over the years that they know how to do
only that which the IETF, or in our case the PRT, instructs them to
do in a bottom up way. I am still fine with creating our own
contracting holding entity, but I am also fine with asking ISOC to
serve as that entity,hence avoiding the creation of a new corporate
entity. So, no we don't need a Contracting Co, though we do need
someone to hold the contract in 'trust' for the community.
On another topic, it concerns me that our draft document seems to
have buried the notion of the periodic RFP. RFP is listed on page
30, but Annex 3 seems to avoid mention at all. and even in section
3, there is no notion of a periodic RFC, just the fact that there
can be one. I believe that without a peridoic RFP for the IANA
contract there can be no accountability for the IANA function at
ICANN or anywhere else for that matter - and this is not something
that can be remedied by the CCSG Accountability. The IETF and the
RIRs can walk away from ICANN if they are ever unhappy. The Names
community needs the ability to move the IANA contract elsewhere as
well. Whether the contract is held in 'trust' for us by ISOC or
Company Co. matters less to me that it be held externally.
avri