[CWG-Stewardship] Concern with Contract Co.

[Olawale Bakare]

Hi,

What would the community make of analogy suggested here? I think, it points
to the right direction in helping to establish whether Contract Co. as a
not-profit organization or body. Making the Contract Co. performing root
zone management, is not one of the functions of NTIA currently? Or do we
envisage spinning this off from the new entity?

Regards,
Wale

On Sun, Nov 30, 2014 at 10:05 AM, Avri Doria <avri at acm.org> wrote:

>  Hi,
>
> On 30-Nov-14 04:18, Milton L Mueller wrote:
>
> The PRT is temporary and multistakeholder and the contract Co. does what the PRT tells it to do at a particular time, that is my understanding. I think it seems like a good way to avoid some of the potential problems associated with replacing the NTIA. Others can speak up if they think I got it wrong. How this works legally? I will let the lawyers explain.
>
>
> I agree, and that is the point I was making in my Trust-like structure.
> In my view this was a small legal entity empowered with making, breaking
> and administering a contract with the IANA function contractor at the
> direction of the PRT.
>
> It is what enables the PRT to be intermittent, it gives its directions to
> the Administrator employed by the Contract Co. and then goes to sleep until
> the next time it is needed to either deal with an emergency, e.g. an
> escalated emergency issue from the CSC, or for its appointed time for a
> [yeary] review of IANA performance, or its [N yearly] RFP and (re)
> assignment of the contract for the IANA function.
>
> As I indicated, if we decide that a contnuing clerical Root Zone
> Management Process Administrator is needed (i think that may be a good
> idea) it can perform this as well, as it is a rule driven task and requires
> no policy.
>
> I envision it as somewhat similar to the function defined in IETF BCP 101
> <http://tools.ietf.org/html/bcp101> <http://tools.ietf.org/html/bcp101>
> (which may provide an example of existing langauge for the
> lawyers/diplomats among us) to the IETF Adminsitrative Director (IAD) who
> responds to the directions of the IETF Administrative Oversight Committee
> (IAOC), which is analoguous to the PRT.  Though the Contract Co, would not
> have as many powers as the IAD does as the IANA administrative function is
> not as broad as the administrative function of the IETF.
>
> From BCP 101
>
>   The IAD is responsible for working with the IAOC and others to
>    understand the administrative requirements of the IETF, and for
>    managing the IASA to meet those needs.  This includes determining the
>    structure of the IASA effort, establishing an operating budget,
>    negotiating contracts with service providers, managing the business
>    relationship with those providers, and establishing mechanisms to
>    track their performance.  The IAD may also manage other contractors
>    or ISOC employees (such as support staff) as necessary, when such
>    contractors or employees are engaged in IASA-related work.
>
>
> In this replace:
>
> IETF with IANA contract
> IASA with the nameless "4 new entities to replace the current NTIA
> arrangements."
> IAD with Contract Co.
> IAOC with PRT
> ISOC with IANA Contractor (in the initial case, ICANN)
> Service providers may include things like the company hired to do audits
> &c or arrange the meeting of the PRT and CSC.
>
> Note, this is an analogy, I am not suggesting a word for word cut and
> paste, meant to illustrate the scope and structure I had in mind.  One
> major difference is that in the IASA, the contracts are entered into by
> ISOC, whereas in the IANA transition solution they would be entered into by
> Contract Co, a legal entity in its own right that serves the interests of
> the Internet community, and holds the contract with IANA in 'trust', i.e.
> "for the benefit of,"  for that community.
>
> avri
>
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>
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