[discuss] the three orthogonal questions [was Thoughts welcome on proposed Netmundial submission]

Fri Mar 7 15:45:51 UTC 2014

Roland:

-----Original Message-----

>I don't understand why an alternative organisation performing the IANA 
>function would cause your option (1) to be triggered, nor why the successful 
>bidder has to have a direct contract with the policymaking stakeholders. 
>The nature of the required relationship is summed up in the NTIA RFP:

OK, let me explain. 
Assume we are yanking the IANA contract from ICANN and giving it to the new entity. The new entity must: 

>C.1.3
>...develop a close constructive working relationship with all interested and 
>affected parties to ensure quality and satisfactory performance of the IANA 
>functions. The interested and affected parties include, but are not limited to..."  yada, yada yada

So in effect, the new IANA must duplicate the constulative structure that ICANN already has. 

>C.2.4
>The Contractor is required to perform the IANA functions, which are 
>critical for the operation of the Internet’s core infrastructure, in a stable and 
>secure manner. The IANA functions are administrative and technical in nature 
>based on established policies developed by interested and 
>affected parties as enumerated in Section C.1.3.

You have here proven my point. Note that the IANA contract does NOT say that the IANA functions are "based on established policies developed by ICANN." It says they are >based on established policies developed by interested and affected parties as enumerated in Section C.1.3."

If the new contractor was to follow ICANN policies, it would have to have a completely new contract binding it to the results of ICANN policies, just as the DNSA would. Otherwise, the new IANA contractor would obliterate ICANN and have to build a new one. The evidence you have adduced has proven my assertion. 