Tony, Malcom, I tried to integrate it (see revision marks). My understanding is that the concerns is on the Draft SOW article C.2.2.1.3.2, and that we already coverded this issue in our draft. I must also say that if I understand the concerns expressed by ISOC, I am unconfortable to see the RIRs (or even the NRO) presented as "policy making bodies". Excactly the same concerns if IANA was presented as a policy making body. Regarding Malcom's question: "are we really at the point where we're calling for every last vestige of US oversight of the IANA function to be withdrawn?" by short and clear reponse would be YES. Alain Bidron FT/OLNC/NAD/EAS/NAN Head of Naming Addressing Numbering Unit tel. + 33 1 57 36 17 24 mob. + 33 6 87 65 90 94 alain.bidron@orange-ftgroup.com -----Message d'origine----- De : owner-ispcp@gnso.icann.org [mailto:owner-ispcp@gnso.icann.org] De la part de Tony Holmes Envoyé : mercredi 20 juillet 2011 22:02 À : 'Malcolm Hutty'; ispcp@icann.org Objet : [ispcp] RE: [isoc-advisory-council] ISOC Draft Response to the US Department of Commerce IANA Further Notice of Inquiry Malcolm Thanks for this. Alain - could you have a look at incorporating the additional point Malcolm has proposed. Regards Tony -----Original Message----- From: Malcolm Hutty [mailto:malcolm@linx.net] Sent: 20 July 2011 10:42 To: Tonyarholmes@btinternet.com; ispcp@icann.org Subject: Fwd: [isoc-advisory-council] ISOC Draft Response to the US Department of Commerce IANA Further Notice of Inquiry -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Tony, Have you seen the draft response from ISOC? I think it makes some good points, in particular with regard to the role of the Contractor in assessing whether policies and national laws have been complied with (see below, "Finally, and most importantly,"). I would be pleased if the ISPCP response could incorporate at least this last point in its own response. Also, are we really at the point where we're calling for every last vestige of US oversight of the IANA function to be withdrawn? Malcolm. - -------- Original Message -------- Subject: [isoc-advisory-council] ISOC Draft Response to the US Department of Commerce IANA Further Notice of Inquiry Date: Mon, 18 Jul 2011 11:33:25 +0200 From: Markus Kummer <kummer@isoc.org> To: isoc-advisory-council@elists.isoc.org Dear Advisory Council Members, I refer to the email I sent out on 19 June, seeking your input for our response to the US Department of Commerce IANA Further Notice of Inquiry (FNOI). Meanwhile, we have had the opportunity to assess the FNOI more in detail and also exchange views with others, including representatives of the National Telecommunications and Information Administration (NTIA). First and foremost, we welcome the open and transparent process which should ultimately contribute to broadening transparency, predictability and global confidence in the way the Department of Commerce deals with the IANA function. Nevertheless, we have some areas of concern. In our draft response to the FNOI, which is attached to this email, .we highlight the following areas where we believe further clarifications are needed: First, the Internet technical community should be recognized as "materially affected parties" to the contract. Second, the FNOI is "DNS centric". The DNS component of the IANA Functions Contract is only one of three IANA functions that are of equal importance to the well-functioning Internet. The Contract should therefore be drafted in such a way that the full range of IANA functions to be performed by the Contractor are reflected throughout the document and treated as separate functions of equal importance. Third, the functional separation between the processing of the IANA functions and the development of associated policies needs further clarification. We believe the current wording is too rigid. The IANA staff are sometimes uniquely qualified to provide informed inputs to the policy making process, based on their technical expertise and operational experience. A good policy development process requires informed technical advice from professional staff to understand why a proposed policy may or may not be implementable, or where it could be more effective, if it is put forward in one way rather than another. Finally, and most importantly, we believe the requirement for the IANA Contractor to document compliance with relevant policies and procedures or, more critically, with relevant national laws, needs to be revisited. To be consistent with the requirement for the functional separation between the processing of the IANA functions and the development of associated policies, it is essential that IANA staff not be required to assess whether or not requests for processing are compliant with relevant policies and procedures, and most certainly not whether they are compliant with relevant national laws. Compliance is a matter for the policy-making bodies - the ICANN Board, the RIRs through the NRO, and the IETF. The final SOW must make it clear that the IANA Contractor's staff is responsible only for documenting that the relevant organization has stated that their decision is compliant with policy, procedures and laws, and not for judging the accuracy of such statements. 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