I wonder if this could be seen as more of a message by the US government to CS ("Don't forget who's actually in charge!") than as a message from the US gov. to ICANN...<br>Best,<br>Ivar<br><br><div class="gmail_quote">
On Sun, Oct 23, 2011 at 00:55, Pranesh Prakash <span dir="ltr"><<a href="mailto:pranesh@cis-india.org">pranesh@cis-india.org</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
The applicants for the IANA contract have to be companies based in the USA.<br>
<br>
>From .Nxt : <a href="http://goo.gl/odI4k" target="_blank">http://goo.gl/odI4k</a><br>
<br>
# US government puts IANA contract out for open bidding #<br>
by Kieren McCarthy | 21 Oct 2011 |<br>
The United States government will put out the IANA functions contract<br>
for competitive bidding at the start of next month.<br>
<br>
A notice announcing the bid was [posted earlier today][] on the<br>
FedBizOpps website, a database of federal government contracting<br>
opportunities that contains roughly 50 percent of US government<br>
procurements projects.<br>
<br>
The pre-solicitation notice points to a 4 November publication date for<br>
the official Request for Proposals, and an expected closing date one<br>
month later. The contract will run for seven years, with an initial<br>
three-year base period followed by two, two-year optional extension periods.<br>
<br>
But if you were thinking of applying, you may want to note that the<br>
contract comes with precisely $0 in federal funds. In other words you<br>
will be running the systems for nothing. According to ICANN, it spent<br>
$5.6 million running IANA last year, and has estimated that will<br>
increase to $6.5 million next year.<br>
<br>
Of course were you to win the contract, it would be in the interests of<br>
Internet registries and Internet protocol organizations worldwide to<br>
fund the effective management of the contract. But that would certainly<br>
be something any business manager would need to consider.<br>
<br>
On top of that, the IANA contract, albeit a highly technical function,<br>
comes with significant political and legal implications, demonstrated<br>
earlier this month when ICANN, under the name of IANA, assumed the<br>
running of the global timezone database after the previous owner was<br>
threatened with a lawsuit.<br>
<br>
Then there is the fact that the holder of the IANA contract could, in<br>
theory at least, move an entire country’s Internet to different look-up<br>
servers - something that has caused years of international intrigue.<br>
Some countries have very publicly railed against the fact that a US<br>
company operating under a US government contract is nominally in charge<br>
of whether their national top-level domain is available on the Internet.<br>
<br>
Since the contract specifies that the contract holder be a company based<br>
in the United States, that issue is not likely to disappear any time soon.<br>
<br>
## Review process ##<br>
<br>
The IANA contract covers a range of critical Internet functions, most<br>
notably managing the domain name system address book (the root zone<br>
file), and has been awarded to ICANN since February 2000.<br>
<br>
Earlier this year, ICANN officially requested that the US government use<br>
the end of the current contract (30 September) to adjust the contract<br>
terms to effectively make it a cooperative agreement between it and the<br>
government. That request was rejected by the National Telecommunication<br>
and Information Administration (NTIA) which said only Congress had the<br>
power to change the make-up of the contract.<br>
<br>
Then, in an unusual move that Assistant Commerce Secretary Larry<br>
Strickling publicly stated was in order to force ICANN to live up to its<br>
accountability and transparency obligations, the US government stated<br>
that it was going to open up the contract.<br>
<br>
First it announced through a formal [Notice of Inquiry][] in February<br>
that it was going to review the IANA contract, providing a series of<br>
questions that it asked people to respond to. Then, it produced a draft<br>
Request for Proposals (RFP) inside a “Further Notice of Inquiry” (FNOI)<br>
which it [published in June][], and again asked for public feedback. In<br>
order to have time to consider all the comments, the NTIA provided a<br>
temporary extension to ICANN’s contract until 31 March 2012.<br>
<br>
The FNOI received no less than 46 responses (which we have summarized<br>
and broken out both [by topic][] and [by sender][]).<br>
<br>
Despite all these steps, and a number of clear public statements by<br>
Strickling, attendees to the Internet Governance Forum (IGF) in Nairobi<br>
last month were still surprised when the NTIA made clear its intent was<br>
to launch an open bidding process for the contract.<br>
<br>
## Breakdown of trust ##<br>
<br>
While it refuses to acknowledge the fact, ICANN brought the open bidding<br>
of an IANA contract that is crucial to its authority on itself.<br>
<br>
When the US government agreed to much greater autonomy for the<br>
organization in September 2009, moving from a “Joint Project Agreement”<br>
to an “Affirmation of Commitments”, the key element of the new agreement<br>
was an independent review into ICANN’s accountability and transparency.<br>
On the review team was no less than NTIA Secretary Strickling.<br>
<br>
Unfortunately, ICANN demonstrated the very behavior that had sparked<br>
calls for the review in the first place, interfering with the review at<br>
both the staff and Board level, leading to several public and private<br>
arguments between the review team and ICANN’s CEO and Chairman. The<br>
final report included an entire appendix outlining ICANN’s failure of<br>
objectivity and an “attitude of inordinate defensiveness and distrust”.<br>
<br>
That disaster was swiftly followed by a collapse in relations between<br>
the ICANN Board and the Governmental Advisory Committee (GAC) over both<br>
the dot-xxx top-level domain and the rules for new Internet extensions.<br>
<br>
A series of increasingly difficult public meetings, which at times<br>
verged on the surreal, led to the ICANN Board approving the dot-xxx<br>
extension despite a very strongly worded statement against it by<br>
governments, and the “approval” of the Applicant Guidebook after<br>
begrudging acceptance of a large number of suggested changes put forward<br>
by the GAC.<br>
<br>
It was then, at a time when relations between the US government and<br>
ICANN had never been lower, that both the Chairman and CEO used public<br>
speeches to request that the US government to hand over to it the one<br>
contract that gives the NTIA some measure of influence over the<br>
organization. To nobody’s surprise but ICANN, the NTIA said no.<br>
<br>
## Delusional ##<br>
<br>
The strong likelihood is that ICANN will retain the IANA contract given<br>
its experience with running the technical functions, the cost of running<br>
the contract, and the political implications in changing ownership.<br>
<br>
However the NTIA will be hoping that by putting the [contract][posted<br>
earlier today] out to an open bid that it will shake ICANN’s<br>
almost-delusional belief that it has a god-given right to the contract.<br>
<br>
One thing that the public comment period the NTIA held on the contract<br>
made clear was that the Internet community was not that impressed with<br>
the way ICANN actually ran the IANA contract. It was lacking in customer<br>
service, provided poor explanations, was lacking in clear and verifiable<br>
policies, and it had not improved its services in years, nor come good<br>
on promises for improvements.<br>
<br>
It is difficult to see another organization step in and run the IANA<br>
contract, and many will not favor a shift due to the uncertainty it may<br>
cause. But in the bigger scheme of things, it may be good for both ICANN<br>
and the Internet if the organization was given a serious run for its<br>
money during the open bidding, and so forced to justify its continued<br>
ownership of a crucial Internet function.<br>
<br>
[posted earlier today]:<br>
<a href="http://news.dot-nxt.com/2011/10/21/iana-contract-notice-fedopsbiz" target="_blank">http://news.dot-nxt.com/2011/10/21/iana-contract-notice-fedopsbiz</a><br>
[Notice of Inquiry]: <a href="http://news.dot-nxt.com/2011/02/25/usg-iana-noi" target="_blank">http://news.dot-nxt.com/2011/02/25/usg-iana-noi</a><br>
[published in June]: <a href="http://news.dot-nxt.com/2011/06/10/ntia-fnoi-iana" target="_blank">http://news.dot-nxt.com/2011/06/10/ntia-fnoi-iana</a><br>
[by topic]: <a href="http://news.dot-nxt.com/2011/08/15/iana-fnoi-summary-responses" target="_blank">http://news.dot-nxt.com/2011/08/15/iana-fnoi-summary-responses</a><br>
[by sender]:<br>
<a href="http://news.dot-nxt.com/2011/08/15/iana-fnoi-summary-by-sender" target="_blank">http://news.dot-nxt.com/2011/08/15/iana-fnoi-summary-by-sender</a><br>
<font color="#888888"><br>
--<br>
Pranesh Prakash<br>
Programme Manager<br>
Centre for Internet and Society<br>
W: <a href="http://cis-india.org" target="_blank">http://cis-india.org</a> | T: <a href="tel:%2B91%2080%2040926283" value="+918040926283">+91 80 40926283</a><br>
<br>
</font></blockquote></div><br>