Submission to the Cross Community Working Group on Names Related Functions (CWG-IANA) on the Draft Transition Proposal

Transcription

1 Submissin t the Crss Cmmunity Wrking Grup n Names Related Functins (CWG-IANA) n the Draft Transitin Prpsal 22 December 2014 Intrductin This is InternetNZ s respnse t the public cnsultatin n a Draft Transitin Prpsal frm the Crss Cmmunity Wrking Grup n Names Related Functins (the CWG-IANA), which has been develping a prpsal t send t the IANA Stewardship Transitin Crdinatin Grup, InternetNZ supprts a transitin f stewardship f the Internet s DNS frm NTIA t the glbal Internet cmmunity as annunced n 14 March It believes that it can be achieved despite the cmplexities invlved. The Internet cmmunity is ready t d this. The prpsal is a very gd beginning. InternetNZ thanks the members and participants f the CW G-IANA fr a crisp, well thught ut prpsal that sets ut the basic minimum requirements f a wrkable slutin. In this respnse we deal with the fllwing matters in turn: Principles fr a viable transitin fr the Names cmmunity The imprtance f cmmunity, nt ICANN, stewardship fr IANA Cmments abut the key elements f the CWG-IANA prpsal Timelines and the link with Accuntability This respnse deals with Names matters and des nt discuss the linkages with the ther tw custmer grups. It is written frm the perspective f a designated cctld manager and f an rganisatin with a wider agenda f supprting the pen Internet and invlving dmestic civil sciety and Internet cmmunity participants in these discussins. We thank the CWG-IANA in advance fr cnsidering this input, and we wuld be happy t prvide mre detail r infrmatin if required. Cntact details fllw at the end f this respnse. Key principles Tday, there is a deeply embedded principle f distributed stewardship f the IANA functins. ICANN is the IANA Functins Operatr; NTIA ffers the Functins Cntract and is essentially the Functins Administratr; and Verisign perates the Rt Zne. InternetNZ supprts distributed stewardship as a matter f principle and practice. Ersin f this principle creates an verly-pwerful institutin vulnerable t capture by a small subset f stakehlders, leading t the resurces f this institutin used t cntrl, rather than supprt, the nging develpment f the pen Internet. A secnd and related key principle is that f separability. There must be the real and effective pssibility that at sme future pint the IANA functins can be perated by an institutin ther than ICANN shuld the glbal multistakehlder cmmunity require this. This pssibility is key t mtivating the IANA functins peratr t keep in clse tuch with their custmers and be led by them.

2 Frm this cmes the third principle, the imprtance f custmer invlvement. Registries have the strngest pssible interest in the effective peratin f the IANA functins and s it is right that the prpsed Custmer Cmmittee cntains custmers. That bdy must nt be cmprmised by adding thse interested in but nt directly affected by the IANA functins. Furth, imprtant is brad cmmunity stewardship f the IANA functins. Stewardship must remain in the brad glbal multistakehlder cmmunity fr example the breadth f interests participating in the IANA Stewardship Transitin Crdinatin Grup (ICG). ICANN is nly ne part f that cmmunity and as such wuld nt be the apprpriate vehicle fr cntrlling the IANA functins in ttal. Mre n this pint belw. Finally, as a matter f principle we mentin cctld independence in plicymaking. Cuntry cde TLDs are t be gverned cnsistent with lcal Internet cmmunity requirements and bligatins. They are nt creatins f r dependent n ICANN; few glbal plicies are required r desired. The cctld cmmunity recgnises there are seldm ne-size-fits-all slutins t its needs, and lcal cmmunities have prvided intensively different mdels fr management. It is imprtant that the stewardship mdel respect that autnmy and independence. InternetNZ sees these principles as: cnsistent with r imprvements n current practice in develping and maintaining cmmunity and private sectr stewardship and peratin f key Internet resurces; cnsistent with the requirements the NTIA has set ut fr accepting a transitin prpsal; and embedded in the CWG-IANA s prpsal as detailed s far. This principled basis explains why InternetNZ in general supprts the prpsal. Cmmunity stewardship Cmmunity stewardship f the IANA functins is essential, as a principle in itself and as a means t securing ther principles such as distributin f pwers and functins. This relates in particular t discussin f sme srt f internal t ICANN slutin being a better apprach. InternetNZ wuld nt supprt a transitin prpsal that saw NTIA stewardship replaced with ICANN stewardship f the DNS. The reasns fr this include the fllwing significant pints: It wuld erde the current distributed mdel & tday s reality f separability which we supprt in principle and in practice; It wuld make the pssibility fr future reassignment f the peratin f the IANA functins theretical at best and impssible at wrst, cnsiderably wrsening the accuntability situatin facing IANA custmers; ICANN s track recrd shws that it has a fundamental cultural difficulty in accepting its primary rle as a limited purpse servant f the Internet cmmunity Page 2 f 5 in its attitudes t cmmunity attempts t cntrl it (e.g. the debate in 2014 abut the accuntability side f this transitin); in its practice f tp-dwn decisin-making (e.g. the President s strategy panels, r the nging failure f the WHOIS review); and in its adventures in the brader Internet Gvernance envirnment withut cmmunity mandate (e.g. the NetMundial Initiative).

3 As such, in practice it seems unlikely t be the srt f steward the cmmunity as a whle culd have cnfidence in; ICANN s cnsistent arguments ver many years that the law under which it perates makes it impssible fr the crpratin t accept real accuntability t the Internet cmmunity. If that is crrect in law, ICANN can t be the verall steward. If that psitin is wrng and ICANN changes its mind, it will have diminished further its credibility as a reliable and dependable ptin fr steward; The scale f change and evidence f such change required t deal with the practical matters set ut in the previus tw pints cannt be achieved in the timeframe required fr the stewardship transitin. The CWG-IANA s prpsal cntains a wrkable mdel that des nt have these prblems f principle and practice. It has gaps f detail that need t be explained and reslved befre it can be accepted, but what has been prduced s far is clearly preferable t a fully internal t ICANN mdel bth in principle and in practice. Cmments n key elements The CWG-IANA prpsal is a strng ne. If implemented, it wuld imprve the situatin the Names cmmunity faces in terms f reliable stewardship and accuntability t mirrr that enjyed by the Numbers and Prtcl cmmunities. We endrse the elements set ut in the CWG-IANA prpsal at a high level (Sectin 3.1) and believe they are fundamental t a wrkable transitin. They are: Current perfrmance f IANA functins is satisfactry Maintaining the cntract envirnment Maintaining ICANN as peratr fr nw Nt replicating ICANN s brader rle in new, very narrwly fcused institutins (i.e. names plicy bradly remains where it is) Separatin between plicymaking and IANA functins peratin needs t be reinfrced and strengthened The CWG-IANA s prpsal is the lightest and sim plest pssible institutinal structure required t allw an utcme cnsistent with these elements and with the NTIA s requirements. In particular we cmmend the CWG-IANA fr dealing with peratinal accuntability fr the IANA functins, which is clearly a requirement f its Charter and is essential. In respect f the specific entities prpsed by the CWG-IANA: Cntract Cmpany: Shuld wn r be the steward f the key IANA functins assets the rt zne, the IP addresses f the A rt server, the dmain names, the DNSSEC keys. Needs a suitable set f indemnities frm ICANN (r any future Operatr) such that ICANN prtects bth it, and the MRT that directs its actins. Structure and jurisdictin are imprtant s as t prevent scpe creep and make sure there is accuntability. There are advantages and disadvantages t any jurisdictinal chice. We lk frward t seeing the future wrk f the CWG n this matter. Page 3 f 5

4 Multistakehlder Review Team: Is the apprpriate bdy fr the glbal multistakehlder cmmunity t exercise its stewardship. Has a limited and narrw rle which shuld nt be extended. There must be recgnitin f the wrk required f this bdy, and apprpriate supprt given t allw effective participatin acrss the cmmunity when required. Custmer Standing Cmmittee: Must retain a fcus n the direct custmers in its membership and apprach. In particular, there shuld be n rle fr gvernment r users representatin n this Cmmittee. Independent Appeals Panel: Specific requirements will need t be in place t prtect cctld svereignty and independence, nting that this will be vital t get right s as t secure supprt f the cctld cmmunity. There is ne issue n which the prpsal is silent which we recmmend further wrk n: the Cntract Cmpany needs the ability t ensure that rt zne management is cnducted cnsistent with decisins made by the IANA Functins Operatr it selects. That is nt dealt with in the current prpsal s far as we can see. Sme ther pints f feedback fr the CWG-IANA t cnsider: A clear and transparent audit chain and prcess needs t be in place fr the entire system. The certificatin matter and public psting f rt zne change requests are useful, as is the IAP. We lk frward t further wrk by the CWG-IANA n what replacement if any is required fr the NTIA s rt zne management prcess administratr rle (3.4.3 in the prpsal), and express n view n this matter at this time. The csts f maintaining the infrastructure required fr effective stewardship f the IANA functins shuld prperly fall n the IANA Functins Operatr as such, it shuld finance the required expenses f the CSC / MRT / Cntract Cmpany. The csts f perating the IANA functins shuld be largely met by the custmers f thse functins in a manner similar t tday. InternetNZ supprts the retentin f a single integrated IANA functin acrss the three custmer grups (names, numbers & prtcls), but believes that in the event f a chice between an integrated IANA and an acceptable settlement fr the Names cmmunity, the chice shuld fall in favur f the latter. Finally, we nte that in all this wrk with m re detail the visin will becm e clearer imprtant chices need t be fleshed ut and we respect the fact the CWG-IANA is still prgressing much f the detail. Timelines and Accuntability Links The timeframe fr this wrk is very cmpressed due t a desire by sme t cmplete a cmplete prpsal fr NTIA review in June 2015, and implementatin in time fr the current IANA Functins Cntract t expire n 30 September Page 4 f 5

5 InternetNZ des nt believe the planned timetable is wrkable. The main reasn fr this is that the CCWG-Accuntability wrk, which is integral t the IANA stewardship transitin and must be cmpleted (fr the IANA aspects f accuntability) befre the transitin can be agreed, is nly starting wrk nw and cannt cmplete a first draft f its prpsals befre 15 April It seems essential that there be sme pssibility fr all three custmer grups (names, numbers & prtcls) t review and if necessary adjust their prpsals t the ICG nce the prpsed accuntability envirnment is knwn. We d nt see hw that can be dne with deadlines f January 2015 fr final cmmunity prpsals, and April 2015 fr a first Accuntability strawman. Rushing twards this September 2015 gal wuld require the cmmunity t be fcused n the NTIA stewardship transitin t the extent that ther necessary and imprtant debates aren t prgressed r that the cmmunity faces ttal verlad and is unable t participate effectively. Neither is desirable. The NTIA has made it clear that September 2015 is a gal nt a requirement. It des nt seem impssible in law r in practice fr a limited extensin f the IANA Functins Cntract between the NTIA and ICANN t be agreed if required. As such, we think the CWG-IANA shuld cnsult with the ICG and the Internet cmmunity mre bradly t determine whether the current timeframe is wrkable and if nt, what it shuld be adjusted t. Cnclusin The CWG has made a very gd start t the Names cmmunity transitin prpsal. InternetNZ again thanks all members and participants, and the staff supprting this wrk, fr the achievements s far. Fundamental t this mdel is cmmunity stewardship f the IANA functins. We supprt this strngly and cmmend the CWG fr utlining an elegant, light-weight apprach t securing this fr the future develpment and evlutin f the DNS. InternetNZ Fr further infrmatin r t ffer any feedback, please cntact: Jrdan Carter Chief Executive, InternetNZ jrdan@internetnz.net.nz Debbie Mnahan Chief Executive, Dmain Name Cmmissin dnc@dnc.rg.nz Jay Daley Chief Executive, NZ Registry Services jay@nzrs.net.nz This dcument was submitted t the CWG-IANA n 22 Dec and will be published n 23 Dec at Page 5 f 5