[ppml] [address-policy-wg] Re: Can the RIRs bypass the IETF and do their own thing?

[Dean Anderson]

On Tue, 15 May 2007, Ray Plzak wrote:

> The US DoC has as much say for ARIN as it does for the RIPE NCC. 

The US DoC, through IANA functions, says, e.g., what IP Address blocks
each can allocate.  That seems to qualify as 'much say' 

You seem to be confusing delegation of authority with loss of authority.
The DoC has contracted the IANA function to ICANN and doesn't involve
itself much, and ultimately plans to get out altogether.  However, the
IANA operator (ICANN) then has 'much say'.  But the DoC 'get out
altogether' event hasn't happened yet.  So you can't write out the DoC
just yet.

> The RIRs existed before ICANN. The relationship between the RIRs and
> ICANN is defined in the ASO MoU, an agreement between ICANN on the one
> hand and the NRO on behalf of the RIRs on the other.  There is no
> mention in the ICANN bylaws of the RIRs.

The fallacy of this claim was already stated: RIRs get their authority
and IP Address Allocations, etc from IANA.  The fact that RIRs existed
before ICANN is irrelevant, because IANA existed before the RIRs. And,
as I noted, IANA functions are now contracted to ICANN. Technically, it
is in fact the IANA (not ICANN) that has direct control over RIRs. But,
as I pointed out, ICANN has full control over IANA functions by contract
with the US Government. And, as I pointed out, the IETF is a technical
consultant to ICANN. The MoUs are just that: Memoranda of Understanding.  
MoUs can be terminated, and don't supercede the contracts with the US
Government.

So, it is possible for ICANN/IANA to disregard the technical advice of
its technical consultant and so it is possible for ICANN/IANA to allow
the RIRs to do something which the IETF doesn't approve. There is
nothing the IETF can do about it.  The IETF can't fire ICANN as IANA
operator, but ICANN could fire the IETF as its technical consultant.  
Of course, the IETF can also quit as the technical consultant. The IETF
has no exclusive monopoly on technical experts.  The practical effect of
a break with the IETF is to get rid of only the people in the IESG and
IAB. Roughly ~25 experts are easily replaced.

BTW, it is not the case that I think any of this _will_ happen, but it
clarifies the relationships to know what is possible under the current
contracts.  I expect that people will reach reasonable accomodations
with all the stakeholders involved.  Of course, sometimes that doesn't
happen.  But, probably people are more reasonable when they realize the
consequences of unreasonable intransigence.

		--Dean


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