[Chapter-delegates] NTIA contract to ICANN - questions

Marcin Cieslak saper at saper.info
Tue Jul 3 23:09:55 PDT 2012


In the other news - United States Deparment of Commerce awarded
new contract to ICANN over the ICANN function.

This contract seems to be Internet's most vulnerable single point
of failure and may or may not be important to the "Internet Freedom"
discussion going around.

Does anyone have access to the actual text of the contract?

On the press-release level there are two things that seem to be
interesting:

> Based on input from the global community, NTIA added new
> requirements. 

> Those include a clear separation between the policy
> development associated with the IANA services, and implementation
> by the IANA functions contractor; (...)

Does anyone know how the abovementioned policy separation
is supposed to look like? Are we to expect declaration
of independence of GAC or something like that?

> a heightened respect for local national law;

While it is not unreasonable that United States government
contractor and its subcontractors (are ccTLD affected, too?)
will need to abide to the United States law, especially 
a big book of purchasing regulations called FAR, it is
interesting how this requirement is defined and is about
to be addressed. 

The 2008 contract[1] required ICANN to attempt to avoid
to finance terrorists (clause H.10) or included some general
clauses like

> COMPLIANCE WITH LAWS (CAR 1352.209-73) (MARCH 2000) The Contractor
> shall comply with all applicable laws and rules and regulations having
> the force of law which deal with or relate to performance hereunder or
> the employment by the Contractor of its employees.

Does anyone know how does this "hightened respect for local national law"
look like? Does that include laws of other countries as well?

It is not unreasonable that other governments demand "hightened
respect for local national law" especially in the "Internet lawless
zone", as some politicians say. I wonder if this wish could be
expressed for example in the upcoming ITU WCIT process.

//Marcin

[1] http://www.ntia.doc.gov/ntiahome/domainname/iana/ianacontract_081406.pdf



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