[DTC CSC] CSC role in disputes between IANA and registry operator

[Donna Austin]

Thanks Kim, that’s really helpful.

Based on the examples you provided, the CSC has no role in a), b) or c), and it might be worthwhile stating something along the lines in the Charter that the CSC has no role in disputes regarding ccTLD delegations or redelegations.

On timeliness questions, if you’re saying that 100% of these have been resolved in the past, then the only role for the CSC would be, in  my mind, as we currently have it stated:

The CSC may receive complaints from individual registry operators regarding the performance of the IANA naming function; however, the CSC will not become involved in a dispute between the registry operator and IANA.

Kim, I think I recall you saying previously that as part of the reporting IANA currently provides to NTIA that these instances or disputes are captured as part of a confidential report. If this is the case then it would seem that there is a process in place to bring to the attention of the CSC times when the RO and IANA have been in some dispute and the outcome.

I think at some point we, the CWG has to acknowledge that IANA already has processes in place that do work and this should be continued.

Donna

From: Kim Davies [mailto:kim.davies at icann.org]
Sent: Monday, 13 April 2015 8:11 PM
To: Donna Austin
Cc: dt3 at icann.org
Subject: Re: CSC role in disputes between IANA and registry operator

Hi Donna, Hi all,

I don’t think we have good figures on it, but precisely because they are extremely rare. The number of escalations according to the procedure I think can be counted on one hand in the 8 or 9 years the procedure has been in existence. I will go back to my colleague who works on our continuous improvement and see if she has statistics that may be more specific.

In practice, I think I would say the disputes or negative feedback we see are typically fall into a few categories:

(a) disputes between two parties, in country, in the context of ccTLDs. In such cases we direct them, per RFC 1591 et.al, to talk it out locally and come to consensus, although some parties want ICANN to step in and resolve such conflicts;
(b) disagreement with the general procedure for root zone management pertaining to a specific request, such as “why does IANA do this technical test?”, “why can’t IANA proceed with this change request without confirmation from the admin or technical contact?”
(c) disagreement with the procedure in the abstract, such as “why doesn’t IANA perform public consultations on pending redelegation requests?”, “why isn’t the root zone fully automated?". This kind of feedback usually comes in industry meetings etc.
(d) timeliness questions, usually because there has been a complication relating to the issues in (b).

I don’t recall any case where there is a issue with IANA’s performance pertaining to a specific request that couldn’t be solved or adequately explained to the customer within the IANA department without going through further escalation. That said, there are cases where an issue is escalated “beyond” IANA, i.e. to the ICANN Ombudsman, ICANN CEO or NTIA. This is because the party has generally gone to them first before seeking remediation by the IANA department. From time to time, for example, for Governments to go to the NTIA or the ICANN CEO first with a request, not to IANA. These parties know to refer such issues to IANA to allow us to act.

kim

On Apr 13, 2015, at 10:12 AM, Donna Austin <Donna.Austin at ariservices.com<mailto:Donna.Austin at ariservices.com>> wrote:

Hi Kim

Our Design Team is getting some serious push-back to take on some role in disputes between IANA and a registry operators.

Do you have information about the type of complaints you receive, how often, how they are resolved, are they often escalated beyond the IANA team, to your knowledge has NTIA ever been asked to intervene.

If we have some background, perhaps we can be more informed in making our decisions.

Team: I still would prefer that the CSC not become involved, but we may need to reconsider. Jonathan suggested rather than the CSC becoming involved in the dispute that they manage the process for resolution; perhaps to this end the CSC could direct complaints to a mediator. If it came to that, I don’t see why IANA could not also offer the same service of a mediator.

Thanks,

Donna

<image002.png>DONNA AUSTIN
Policy and Industry Affairs Manager

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