[Internal-cg] Fwd: [NRO-IANAXFER] The CRISP Team Response to "CRISP - Process Concerns"

Alissa Cooper alissa at cooperw.in
Thu Feb 5 20:03:42 UTC 2015

Begin forwarded message:

> From: Izumi Okutani <izumi at nic.ad.jp>
> Subject: [NRO-IANAXFER] Fwd: The CRISP Team Response to "CRISP - Process Concerns"
> Date: February 4, 2015 at 11:53:49 AM PST
> To: "ianaxfer at nro.net" <ianaxfer at nro.net>
> Dear all,
> I would like to share the CRISP Team Response to "CRISP - Process
> Concerns", which has been posted to icg-forum.
> I welcome your comments and feedback about our reponse which is likely
> to be a reference to the ICG.
> Explicit expressing support would be extremely helpful as well.
> Regards,
> Izumi
> -------- Forwarded Message --------
> Subject: The CRISP Team Response to "CRISP - Process Concerns"
> Date: Thu, 05 Feb 2015 04:37:01 +0900
> From: Izumi Okutani <izumi at nic.ad.jp>
> To: icg-forum at icann.org
> Dear ICG members,
> On 22 January 2015 Guru Acharya wrote to the icg-forum list with a
> number of concerns about the CRISP team process.
> http://forum.icann.org/lists/icg-forum/msg00024.html
> The CRISP Team was not able to confirm concrete evidence/facts on these
> concerns, as explained below.
> We also note that while present as an observer on a number of CRISP
> teleconferences, we did not observe Guru Archaya raising any of these
> concerns on ianaxfer at nro.net mailing list or on any of the regional
> community lists on which the CRISP process was being discussed.
> Guru Acharya writes:
>> I would like to highlight the following concerns about the process
> adopted
>> by CRISP, which disqualify it from satisfying the criteria of following a
>> bottom-up multi-stakeholder process as mandated by the NTIA.
>> 1) Top-down composition and selection of CRISP team: The CRISP team was a
>> closed group selected by the RIR executive committee by way of an
> interview
>> process. Interested participants were excluded from the working group if
>> they did not successfully qualify for the interviews conducted by the RIR
>> executive committee. The selection criteria for the candidates was
> not made
>> public by the RIR executive committee. This is important given that
>> non-CRISP participants were excluded from the decision-making process.
> Before setting up the CRISP Team, RIRs published the process for
> producing a single proposal from the global IP addressing community to
> the NTIA, and there was an opportunity for discussions on the public
> <ianaxfer at nro.net> mailing list as below:
> On 16 October the five RIRs published a process for producing a single
> proposal from the global IP addressing community to the NTIA.
> https://www.nro.net/news/iana-stewardship-consolidated-rir-iana-stewardship-proposal-team
> According to this process the CRISP team would consist of 15 members,
> two appointees from each RIR region who are not RIR staff, and one RIR
> staff member from each region, who shall assist with the submission
> development effort. Each RIR was to appoint their CRISP team members by
> a method of its own choosing by 15 November 2014. There was some
> discussion on the public <ianaxfer at nro.net> mailing list on 21 October
> about standardising a CRISP team selection process across all five RIR
> regions, but no broader community support was expressed for this change.
> See:
> https://www.nro.net/pipermail/ianaxfer/2014-October/000016.html
> Following this announcement each of the five RIRs announced an open call
> for participants, to which any one could express their interest, as well
> as the process according to which the selection of the CRISP members
> would be conducted. The process and relevant announcements of each RIR
> are described in the Internet Number Community Response to the ICG RFP
> (sections VI.B.1-VI.B.5 on "Community Process").
> In most cases the RIR executive committees made the final selection of
> CRISP representatives from community volunteers. At no point in the
> process were any explicit objections raised to any of the CRISP team
> members, nor were any appeals made by volunteers not selected to join
> the CRISP team.
>> 2) Top-down decision-making by the CRISP team: While the general
> public was
>> invited to provide comments for the draft proposals prepared by
> CRISP, they
>> were excluded from the decision-making process. Commenters were merely
>> informed that their input had either been accepted or rejected by the
>> team after due consideration. Notably, non-CRISP participants were not
>> allowed to contribute to CRISP's tele-conferences or CRISP's internal
>> mailing list, where the actual decision-making took place. Mere
>> consultation of the general public without their involvement in the
>> decision-making process does not constitute a bottom-up multi-stakeholder
>> process.
> Each of the RIR communities had conducted discussions on the IANA
> stewardship transition for the IANA Numbering Services and the role of
> the CRISP Team is to consolidate it as a single global proposal.
> https://www.nro.net/nro-and-internet-governance/iana-oversight/consolidated-rir-iana-stewardship-proposal-team-crisp-team
> The proposal to establish a CRISP team was distributed to all of the RIR
> communities and the <ianaxfer at nro.net> mailing list established on 16
> October 2015. The first CRISP team teleconference was held on 9 December
> 2015. This provided the community with nearly two months during which
> they could comment on or object to any elements of the proposal to set
> up the CRISP team (as noted above, there was some discussion around 21
> October relating to CRISP team selection processes, but there was not
> community support for changing the proposed process).
> The CRISP team members agreed with the arrangements laid out in the
> proposal (while developing some additional mechanisms, including the
> internal CRISP mailing list and a working definition of quorum for the
> group). CRISP team members also understood a key part of their role to
> be facilitating input from the regional communities, and this was
> evident throughout the process - teleconference notes from the third
> teleconference onwards record various CRISP team members conveying input
> from their regional mailing lists.
> Invitations to join the CRISP Team Teleconferences as observers were
> sent to <ianaxfer at nro.net> mailing list, which were forwarded to mailing
> lists of RIR regions by the CRISP Team members.
> Subscription to <ianaxfer at nro.net> mailing list was open to anyone, and
> there was no restrictions on posting comments to the list, including
> making comments about the CRISP Team discussions at any of the CRISP
> Team Teleconferences.
> A concrete record of all the concerns raised by the community on various
> mailing lists was prepared by the CRISP team and made available at:
> https://www.nro.net/wp-content/uploads/NRODiscussionList_20150116.pdf
> This spreadsheet indicated the issue, the initial mail in which the
> issue was raised, the CRISP team's discussion of the issue and the
> current CRISP team position. This clearly demonstrates that the process
> of community participation facilitated by the CRISP team worked smoothly
> to address a wide range of community input throughout the process.
>> 3) Lack of information and transparency: The CRISP team had two mailing
>> lists. The mailing list used internally by the CRISP team was a closed
>> mailing list that was not publicly archived till after the proposal was
>> finalised. This resulted in community evaluation of the process and
>> proposal in the absence of requisite information about the reasons
> for any
>> decisions.
> As noted in the initial CRISP team proposal and charter, "The CRISP team
> shall also work through a public mailing list and the archive of such
> mailing list will be publicly available. The name of the mailing list
> will be <ianaxfer at nro.net>.
> At its initial teleconference, CRISP team members suggested that a
> separate mailing list for use by CRISP team members only would be useful
> in the interest of efficiency and to allow quick editing iterations on
> the proposed response.
> https://www.nro.net/wp-content/uploads/CRISP-December-9-meeting-DRAFT-NOTES-v2.pdf
> While there was general agreement, concerns about transparency were also
> noted, resulting in a commitment to publish archives of the internal
> list at the time of publishing the first draft (19 December 2014). The
> archive was publicly available from this point and some CRISP team
> members shared a link to the archive with their communities directly. A
> direct link to this mailing list archive was posted to the ianaxfer
> mailing list and on the NRO CRISP webpage after 8 January 2015 due to an
> oversight, while the archives were publicly made available when the
> first draft of the proposal was published on 19 December.
> The archive of the internal mailing list is available at:
> https://www.nro.net/pipermail/crisp/
> It is possible to confirm from our announcements that links to the
> archives of the CRISP team mailing list was intended to be shared from
> publication of the first draft proposal:
> "Details of all the CRISP team's work to date, including recordings,
>  minutes and agendas of all CRISP teleconferences and a public archive
>  of the internal CRISP team mailing list, are available at:
>  https://nro.net/crisp-team"
> https://www.nro.net/news/first-draft-proposal-of-the-internet-number-community-for-the-iana-stewardship-coordination-group
> https://www.nro.net/news/internet-number-community-iana-stewardship-proposal-final-call-for-comments
>> 4) Refusal to deal with essential aspects of the proposal: The CRISP team
>> refused to deal with essential aspects of proposal such as the contract
>> renewal process, contract duration, jurisdiction, arbitration process,
>> review process, high level details of the contract, intellectual property
>> rights, charter of the review team and service levels. The CRISP team
> cited
>> these essential aspects as outside the scope of the CRISP mandate. If the
>> CRISP mandate is indeed so limited, then its incomplete proposal
> should be
>> returned to the RIR community with the suggestion of expanding the
> mandate
>> of the CRISP team. Note that the charter of the CRISP team, which was
>> prepared by the NRO EC in a top-down manner, does not suggest that such
>> essential aspects should be excluded from the proposal. This limited
>> interpretation of the agenda and issues by the CRISP team is against the
>> ethos of a bottom-up multi-stakeholder process.
> As noted above, a concrete record of all the concerns raised by the
> community on various mailing lists was prepared by the CRISP team and
> made available at:
> https://www.nro.net/crisp-iana-xfer-summary-discussion-08012015
> This spreadsheet, the records and notes from CRISP teleconferences and
> the archived mails on both the internal and public mailing lists
> demonstrate that the CRISP team closely considered all issues, concerns
> or suggestions raised by the community via ianaxfer at nro.net or the
> regional discussion lists. Where specific suggestions were not reflected
> in the proposal, detailed justification was provided to the community
> via the ianaxfer mailing list.
> While the CRISP team did note certain constraints on its remit, as it
> understood that remit, the issues noted by Guru Acharya were addressed
> specifically in the following mails to the public <ianaxfer at nro.net>
> mailing list:
> Contract details in general, including renewal process, duration:
> https://www.nro.net/pipermail/ianaxfer/2015-January/000213.html
> https://www.nro.net/pipermail/ianaxfer/2014-December/000135.html
> https://www.nro.net/pipermail/ianaxfer/2014-December/000143.html
> Jurisdiction:
> https://www.nro.net/pipermail/ianaxfer/2015-January/000331.html
> Arbitration process:
> https://www.nro.net/pipermail/ianaxfer/2015-January/000331.html
> Review process:
> https://www.nro.net/pipermail/ianaxfer/2014-December/000134.html
> https://www.nro.net/pipermail/ianaxfer/2015-January/000172.html
> Intellectual property rights:
> https://www.nro.net/pipermail/ianaxfer/2014-December/000145.html
> https://www.nro.net/pipermail/ianaxfer/2014-December/000127.html
> https://www.nro.net/pipermail/ianaxfer/2015-January/000342.html
> https://www.nro.net/pipermail/ianaxfer/2015-January/000173.html
> Charter of the review team:
> https://www.nro.net/pipermail/ianaxfer/2015-January/000320.html
> While developing the proposal, the CRISP team was conscious about its
> remit and responsibility. In the process of addressing issues and the
> elements of the proposal the team felt that it was important to identify
> the critical components and implementation requirements, rather than
> work out the actual implementation details. Our position was that the
> latter should be developed by qualified RIR legal teams following the
> best practices in this field. As stated in the response to the ICG "The
> RIRs, as the contractual party of this agreement, will draft the
> specific language of this agreement. During the drafting process, the
> RIRs are expected to consult their respective RIR communities, and that
> the drafting process will be guided by the principles listed below."
> [Response to the ICG RFP on the IANA from the Internet Number Community,
> p11]
> We believe that the proposal submitted to the ICG meets the expectations
> of the numbers community, while not extending into areas beyond the
> authority or expertise of the CRISP team.
> I hope that this effectively addresses the issues raised in this email,
> and I would be happy to expand further on any issues you feel could
> benefit from more explanation.
> Yours sincerely,
> Izumi Okutani
> Chair, the CRISP Team
> _______________________________________________
> ianaxfer mailing list
> ianaxfer at nro.net
> https://www.nro.net/mailman/listinfo/ianaxfer

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