|LACNIC - Frequently Asked Questions about the NRO MoU and ASO MoU
1.- Why can't the RIRs and ICANN sit down and discuss their differences?
The RIRs and ICANN have been very actively engaged in discussions and both parties have taken every opportunity to keep the dialogue open and continuous. These discussions have been constructive and productive and have included face-to-face meetings as well as teleconferences.
2.- Why are the RIRs trying to replace ICANN?
The RIRs are firmly committed to ICANN and to its viability. Within the ICANN framework, the RIRs have two objectives which they see as of paramount importance to the addressing community.
a.- Protection of the unallocated number resource pool (IPv4, IPv6, and ASN). Access to the unallocated number resources pool by the RIRs is controlled by global policy.
b.- Protection of the policy development process so that policies cannot be imposed top down on the community. Neither the ICANN Board nor any of the RIR Boards can impose policy.
3.- Does the NRO replace ICANN?
No. One of the functions that the NRO is intended to provide is to undertake if necessary those IANA functions that pertain to the management of number resources. The NRO is not being structured as a potential 'complete' ICANN replacement in the event of failure of ICANN. The consideration here was that in such an event it was considered probable that the various IANA functions would be undertaken by those with a direct interest in each particular functional area.
4.- Does the NRO replace the ASO?
No. The NRO is a stand alone body that will negotiate the ASO MoU with ICANN. Upon implementation certain aspects of the NRO will become part of the ASO. For example, the NRO Numbers Council will become the ASO Address Council. Other aspects, such as the Executive Council will not become part of the ASO but will continue to represent the RIRs acting in concert.
5.- Why do we need another layer of bureaucracy?
We don't! The NRO is not another layer of bureaucracy. Within this proposed framework the essential elements of interaction between the RIRs and ICANN remain unaltered. ICANN continues to operate the unallocated Internet number resource registries. The Board of ICANN has the continued ability to ratify proposed global number resource policies. An Address Council continues to undertake a role as a source of advice to the Board of ICANN on Number Resource matters, as well as shepherding proposed global address policies through ICANN for ratification.
6.- If the NRO doesn't replace ICANN or the ASO or change anything in the current structure, what does it do? How does it change the relationship between ICANN and the RIRs?
The NRO is an interface for organizations outside of the RIRs to interface directly with them at a single point instead of dealing with each RIR separately. For example this allows ICANN to interact directly on non policy items such as the ICANN budget and service contracts. Currently, ICANN must deal with each individual RIR on such matters. The NRO provides a similar single interface to the RIRs for other organizations, such as the IETF, on Internet number resource administration issues.
The NRO also provides a visible framework for existing cooperative joint activities in which the RIRs are already engaged. Such activities include the administration of upper level reverse DNS domains. Future activities of this nature will also be undertaken within the framework of the NRO, such as a common whois interface to RIR data.
7.- Are open and accessible processes being used in the development of the NRO MoU and the ASO MoU?
In both cases an open and accessible policy process is being used. The RIR Boards, exercising their policy process and fiduciary responsibilities, have drafted two documents and have placed them in the public domain for comment.
The RIRs are undertaking to organize the NRO for the purpose of providing an organizational structure to support the various inter-RIR cooperative arrangements that have evolved over the last three years as the RIRs have worked in concert in both technical and policy areas. The comment period is to elicit any comments that the regional communities may have in regard to this formalization of already existing practices. It is currently proposed that the NRO MoU will be signed at the end of the comment period, with this proposed action being dependant on an assessment of comments received in this period.
In the case of the ASO MoU, after the regional community comment period it will be presented to ICANN as a draft document for their consideration. It is expected that there will be some negotiation between ICANN and the NRO after which time the negotiated draft will again be placed in the public domain. Of course anytime during this period any one is more than welcome to comment.
8.- Will this proposal dramatically change the relationship between ICANN and the RIRs?
Neither the NRO MoU nor the ASO MoU will dramatically change the relationship between ICANN and the RIRs.
In the case of the NRO, it is intended to improve the relationship, as ICANN will have a single consistent point of contact for such matters as budget and service contracts.
In the case of the ASO MoU the biggest change is additional protections for the bottom up policy process, as the proposed policy development process will prevent the ICANN board from exercising a veto by direct action or by non-action on any policy proposal. It further protects the process by preventing the ICANN board from making policy and directing it down to the addressing community.
9.- Will the NRO MoU and the ASO MoU have any wide-ranging impacts on technical coordination, planning, and administration of addressing and numbering policy?
The NRO MoU and the ASO MoU will have impact in some areas, but it will be only to strengthen the protection of the unallocated number resource pool and the bottom up policy process.
Areas not changed:
a.- The bottom up policy process from the addressing community to the RIR fora will not change.
b.- The bottom up policy process for global policy from the addressing community to the ASO AC will not change.
c.- The administration of policy between the RIRs and the community in their respective service regions will not change.
d.- The administration of addressing policy between the IANA and the RIRs will not change.
Areas that will change under these proposals:
a.- The ICANN board will not be able to make and direct top down addressing policy.
b.- The ICANN board will not be able to veto a global policy proposal by direct or indirect means.
c.- Activities where the RIRs act in concert will be strengthened by the formalizing of an already existing relationship. This will occur in such areas as policy harmonization, technical coordination, and planning.
d.- Activities such as technical coordination and administration of policy where the IANA must interact jointly with the RIRs will be simplified as the IANA will now have a single interface point.
10.- How transparent are the activities of the NRO Executive Council going to be?
Every meeting of the NRO Executive Council will be transparent as the agenda and minutes of each meeting will be published.
11.- How will the appeals process work?
The appeals process is an advisory process., designed to provide advice in regards to the operation of policy process. It is not designed to decide the merits of a policy, but rather, to examine the policy process in regards to any global policy for which a constituency of the addressing community is aggrieved. The Advisory Appeals Panel (AAP) may hear complaints regarding the activities of any or several RIRs, the NRO or and NRO sub-organization such as the Numbers Council. The AAP may dismiss frivolous, repetitive or nuisance complaints with without further review. The AAP decision is intended to serve as a persuasive advisory opinion and therefore it will not provide any basis for legal action in any jurisdiction.
The appeals process does not alter the appeals process in any way within the responsibility of any RIR, and no appeals prerogatives or options are being ceded by the RIRs to the NRO under this proposal.
12.- How is the Advisory Appeals Panel formed?
The Advisory Appeals Panel (AAP) will consist on one (1) member from each RIR service region. They will be selected by the NRO Executive Council. Members of the AAP cannot be an employee of an RIR nor a member of any RIR Board. They will be selected based upon their knowledge of the Internet community in general and the addressing community in particular. The AAP will adopt such Policies that are necessary to make it an accessible, open, transparent, and documented. These Policies will include such things as voluntary or requested recusal of panel members, procedures for reporting to the NRO Executive Council, and procedures to address any allegation of fraudulent or dishonest conduct by panel members.
13.- Can the Advisory Appeals Panel be effective?
Yes. It is intended that the members of the Advisory Appeals Panel (AAP) will be well known and respected members of the Internet community. Although their decisions will carry no basis for legal action, it is anticipated that their advice will be the product of a thorough and stringent process of investigation and review and that any advice that the panel may provide will be well grounded.
14.- These documents will have long-lasting effects.
It is hoped that this is indeed the case. It is the intent of these documents to put into place provisions that will protect the unallocated number resource pool and the bottom up policy process thus contributing directly to the security and stability of the Internet for years to come. It is expected that as the Internet environment changes over time that these documents may have to be revised, thus it is expected that they will be reviewed from time to time.
|:: back ::||