Hello
On 23/01/2024 20:49, Christopher Hawker wrote:
They play a important administrative role in certain places and
economies, but that doesn't mean they should be allowed to develop
policies.
I disagree. As David has identified, NIRs may in some cases may have
legal mandates set by the governments of their economies relating to
the management of address space which may not be relevant to other
economies. In these circumstances it would be appropriate for these
NIRs to set these policies at an economy level, rather than that of a
regional level. Further, some NIR policies may be defined as a means
to better serve their communities whereas they could be detrimental to
others (not saying that they would).
I think there is some misunderstanding about the difference between
specific administrative functions and legal obligations in certain
jurisdictions and policy development process.
No government should ever be able to mandate anything related to policy
development and how they apply to IP space assignment and use. That is a
bottom up process that is developed solely by the community in line with
ICP-2. Any legal need and mandates specific to certain countries are
administrative stuff and should not be confused with policy development
with regards how numbering resources are dealt with, the rules under how
resources are assigned and used.
Allowing this to happen open doors to unnecessary discrepancies,
bureaucracy and sometimes unfairness within the same RIR region
which should not exist.
Again, I disagree. NIRs that fall under APNIC are seen and treated as
regular APNIC members and any relationship between an LIR and an NIR
is exactly that - between them. Network operators within NIR service
regions are welcome to choose whether to obtain resources directly
from APNIC or their NIR and can move their holdings between the two. I
don't see how this would open doors to bureaucracy and unfairness,
rather it is a transparent process.
NIRs are never meant to be "mini-RIRs"or something in that line.
<clip>
By ICANN ICP-2 that estabilish the criteria for new RIRs and
process of Policy Development and don't say a word about NIRs.
The ICP-2 process does not cover the establishment of NIRs, therefore
ICP-2 is irrelevant in their discussion. Should the NIR wish to
convert to becoming an RIR then yes, ICP-2 would then apply.
Any numbering resources assigned to a RIR must be treated under the
policies developed by that RIR community. No resources would arrive to a
NIR if not via the RIR which have always the ultimate prerogative to
revoke and re-assign resources when policies say so, therefore ICP-2 at
the end is what matters with regarding the policy development process
applied to that community and that must be followed and applied by any
NIR below that RIR. Not NIRs are out of the umbrella of a RIR when
regarding IP space management.
<clip>
Again, one thing are specific administrative specificity that may
be required in certain countries and jurisdictions and another are
the policies that are developed by the community of that RIR in a
bottom-up process.
If I interpreted that correctly, you said that it's one thing for an
NIR to define a policy that is legally mandated, but it's another
thing for an RIR to define a policy using a bottom-up approach. If
that is correct, the two cannot be compared as the legally mandated
policy has a legal requirement for its implementation, whereas
policies at an RIR that follow a PDP don't have legal requirements for
implementation (in the sense that law states that they must be
implemented). If the Australian government were to pass legislation
which required APNIC to operate in a certain manner or to implement a
specific policy, I'm sure APNIC's legal counsel would be all over it
before we even caught wind of it.
No NIRs should ever be mandated to do something regarding how the to
manage IP space. Only community can do that via the proper process. NIR
in their jurisdictions may have administrative and legal obligations
that apply to that context which are different things.
Fernando
Regards,
Christopher Hawker
_______________________________________________
SIG-policy -https://mailman.apnic.net/[email protected]/
To unsubscribe send an email [email protected]
_______________________________________________
SIG-policy - https://mailman.apnic.net/[email protected]/
To unsubscribe send an email to [email protected]
