[ICP2_review] A practicable community recourse mechanism

[Mula Mula]

Dear All,

While the draft asserts that RIRs are accountable to their
Memberships, the sole practical instrument explicitly available to
Members is the ICANN compliance audit trigger. That threshold is
extremely high and therefore does not constitute a functional recourse
mechanism in ordinary governance failure cases.
We therefore propose establishing a Member-initiated compliance
review, whereby a petition endorsed by 5% of Members — or 100 Members,
whichever is the lower — shall compel the NRO Executive Council to
conduct a review of the RIR’s conduct vis-à-vis this governance
instrument and its own legal obligations. The RIR would be required to
co-operate fully. The resultant findings would be published, and where
material governance failure is identified, the NRO may recommend
proportionate remedial action, including censure of named members of
the Governing Body or suggesting that the Membership consider their
removal through the RIR’s established constitutional processes.
This is entirely consistent with the document’s own articulation of
“member-driven oversight” — and actually gives effect to it.
*Territoriality remains inconsistent with a single global resource*
Internet Number Resources are global identifiers. Yet, in practice,
the behaviour of the IPv4 market and the complete absence of IPv6
inter-regional portability have reintroduced territoriality. AFRINIC
has no vehicle for inter-RIR IPv4 transfers; no RIR has one for IPv6.
If a Member relocates corporate operations or changes network
provider, they should not be compelled to abandon existing resources.
Therefore, each RIR should be expressly required by Article 4.1 to
allow IPv4 and IPv6 address allocations to be portable across RIR
areas and network providers, with allowable restrictions limited to
those required for appropriate resource stewardship.
In addition, if a Member finds newly added contractual or policy
language to be objectionable , he or she should still have the option
to reallocate its resources.  By doing this, hostageship is prevented
and the register is kept united.

Regards,

Erick
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