[Chapter-delegates] NTIA contract to ICANN - questions

[Andrei Robachevsky]

Hi Marcin,

I looked at this while working on the IAB programme, so here is my
understanding.

Marcin Cieslak wrote on 04/07/2012 08:09:
> 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?
>

I do not, but the RFP can give and idea how it looks like:
https://www.fbo.gov/?s=opportunity&mode=form&id=72dc5eb7b831f44f5eadb6c2f44a60ef&tab=core&_cview=0.

> 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?
> 

I think it mainly boils down to the requirement that IANA stuff members
cannot participate in the policy development.


>> 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 Statement of WOrk from the RFP says: "In making its recommendations
[i.e. Delegation and Redelegation of a Country Code Top Level-Domain
(ccTLD) - my addition], the Contractor shall also take into account the
relevant national frameworks and applicable laws of the jurisdiction
that the TLD registry serves."

> 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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Regards,

-- 
Andrei Robachevsky
Technology Program Manager
Internet Society
www.isoc.org