Minutes 86th Executive Board Meeting

Draft Minutes 86th Executive Board Meeting, 29 November 2012

RIPE NCC offices Amsterdam, 1400-1800

Author: Paul Rendek
Date: 2012/11/29
Revision No.: 1.0
Status: Draft
Maintainer: Sabine Mader

Attendees:
Fahad AlShirawi, Member
Dmitry Burkov, ICANN Liaison
Christian Kaufmann, Secretary
Nigel Titley, Chairman
Remco Van Mook, Treasurer
János Zsakó, Adviser
Rob Blokzijl, RIPE Chairman, RIPE
Andrew de la Haye, Chief Operations Officer, RIPE NCC
Sabine Mader, Assistant to the Managing Director, RIPE NCC
Axel Pawlik, Managing Director, RIPE NCC
Paul Rendek, Director of External Relations, RIPE NCC
Jochem de Ruig, Chief Financial Officer, RIPE NCC
Nigel Titley, RIPE NCC Chairman, opened the meeting at 14:30

1. Agenda / Comments

1.1 Apologies, New Agenda Points
No apologies were received from Board members all members were present.

Nigel asked the Board members if they had any additional agenda items to add. No new agenda items were brought forward, other than the previously agreed topic on Arbiters, below.

Topic 'Report on implications of Arbiters' legal power, w/ legal counsel guest still TBC

  • Option 1: Topic right after lunch (1400)
  • Option 2: Topic after topic 'Clearinghouse'


The meeting agreed to discuss this topic under agenda point 6.

1.2 Approval of Previous Minutes, EB# 85
No comment was brought forward on the previous minutes; the Board approved the minutes of Executive Board Meeting EB#85.

1.3 Date of Next Meetings

  • March, Tuesday, 26 March 2013, Amsterdam
  • May, during RIPE-66, 13-17 May, Dublin
  • June, Tuesday, 25 June 2013, Amsterdam
  • September, tbd
  • October, during RIPE-67
  • December, tbd


1.4 Conference attendance by Executive Board until June 2013
The Board dealt with this agenda point prior to the start of the meeting.

2. Remaining Outstanding Actions Not Covered by Agenda

EB236 08/12/2011 AP
The Board has asked Axel to reinstate/redevelop the stand-alone version  of the RIPE NCC ASused tool.
Status 8/03/2012: Ongoing
Status 14/06/2012: Ongoing, the first version of the tool will be delivered in July 2012.
Status 02/08/2012: To reconfirm with the members the need for a stand-alone tool, in view of implementation of the API.
Status 29/11/2012: DONE

EB257 02/08/2012 Axel
Multiple Memberships: To work out details, specifically legal requirements, and to prepare supporting documents for the GM.
Status 29/11/2012: DONE

EB235 08/12/2011 RM & CK
Remco and Christian agreed to closely cooperate with Daniel to prepare future project plans for RIPE ATLAS.
Status 8/03/2012: ONGOING, a meeting has been held. Deliverables are expected.
Status 14/06/2012: ONGOING, Remco and Christian will review the information provided by the RIPE NCC and suggest a way of moving forward.
Status 02/08/2012: ONGOING
Status 29/11/2012: ONGOING -- Remco and Christian agreed to contact Daniel to coordinate a meeting.

EB246 08/03/2012 AP
RIPE NCC will hand over the secretariat support for the financial accounts of MENOG by July 2012. The RIPE NCC will coordinate this with the MENOG Chairman.
Status 14/06/2012: ONGOING, expected to meet the target deadline.
Status 02/08/2012: The RIPE NCC is awaiting the MENOG Chairman's signature. IN PROGRESS
Status 29/11/2012: IN PROGRESS - Paul and Fahad to speak to Osama and suggest a way forward for the MENOG accounts. The Board asked for a proposal by the MENOG 12 Meeting.

3. Report from the RIPE NCC

Axel asked if the Board had any questions on the report published to the Board prior to the meeting.

3.1 Financial Update
Jochem presented the latest financial figures to the Board. He highlighted that there has been strong membership growth that has increased the income well above the budget.He added that he expects a sizable surplus between 1.5 - 2 million EUR.

He also noted that invoicing for 2013 would take place in January 2013 that will have effect on our year-end balance sheet and cash flow position.

3.2 Legal

RIPE NCC Service Provision in Iran:
The Board discussed the provision of RIPE NCC registration services in Iran. This discussion resulted from contact that the RIPE NCC has had with Dutch authorities regarding EU sanctions against Iran. It was reported that the Dutch authorities concluded that the RIPE NCC is able to provide registration services in Iran. However, it was noted that the RIPE NCC is not permitted to engage in business with organisations that appear on a sanction list that is published by the EU.

The meeting noted that 3 RIPE NCC members appeared on the EU list of sanctioned organisations and that the RIPE NCC is taking appropriate measures to cease business relations with those organisations.

ACTION: The Board asked the RIPE NCC to check its members' list once a year against the current list of sanctioned entities, and to take the appropriate actions.

Dutch Police Court Case:
Axel and Jochem provided a summary of the court hearing that took place on 29 November 2012. The hearing consisted of pleads from both the RIPE NCC and the Dutch State.

Axel reported that the judge ordered both parties to investigate solutions for any future court orders placed on the RIPE NCC from the state police. Within a 4 week term the court asked both parties (state and RIPE NCC) have to come to an agreement.

Axel stated that based on this outcome the RIPE NCC management would immediately commence talks with the State (Prosecutor office) and their lawyer to see if we can come to an agreement. He added that if no agreement were reached the court would deliver a verdict on 30 January 2013.

3.3 RIPE NCC Resiliency Plan
Andrew presented the proposed RIPE NCC Resiliency Plan to the meeting. He reported that this plan was based on a phased implementation approach. The Board stated that they were in full support of a phased approach and stressed that a robust service delivery was to be a driving
factor to realise the plan.

Andrew further reported that Phase 1 of the project would likely contain RIPE Database and some website items.

ACTION: The Board asked Axel to produce a more detailed plan including timeframes and expenditure for Phase 1 of the RIPE NCC Resiliency Plan in time for the next Board meeting.

The Board stated that they would approve this activity based on the Phase 1 details.

An important point to note is that the Board stressed that the RIPE NCC should be in full control of hardware, software, data, etc. They would prefer that the RIPE NCC purchase the equipment in place of a rented solution.

3.4 Certification for PI space
Andrew explained that a number of alternative proposals for a way forward on the certification of PI address space were presented to the Board. One proposal in particular was discussed as the model of choice.

The proposal outlined a model in line with the current business process of requesting and assigning PI space. This would mean that a PI address space holder that requests a certificate must either become a member of the RIPE NCC, or get a certificate through a sponsoring LIR.

The Board also mentioned that it wanted the RIPE NCC to ensure that in the in case that a PI address space holder chooses the sponsoring LIR path that periodic checks are put in place between the sponsoring LIR and the PI End User. They agreed that this would ensure the reliability of the system.

Andrew reported that he would create a draft message for the Board to disseminate to the membership list. If feedback is positive than development could begin by mid Q1 2013.

ACTION: The Board asked Axel to draft a message for Nigel to send to the RIPE NCC membership for comment, outlining a proposed way forward for the certification of PI Address Space.

4. Review RIPE-65 and RIPE NCC General Meeting October 2012

The Board began discussion on this agenda item by stating that they were very pleased with the venue and organisation of the last RIPE Meeting and RIPE NCC GM meeting.

4.1 Review
EB258 02/08/2012 Axel
General Meeting September: Axel to add agenda topic "Presentation on legacy resources
in the RIPE region."
Status 29/11/2012: DONE

EB259 02/08/2012 Axel
To check legality of perpetual board resolution to allow e-voting on all GM resolutions.
Status 29/11/2012: DONE -- It was noted that the board is minded to include e-voting on all GM resolutions in the RIPE NCC Articles of Association after experimenting with this procedure for the next 3 to 4 General Meetings.

EB265 02/08/2012 Axel
To prepare draft GM presentations.
Status 29/11/2012: DONE

4.2 Charging Scheme
EB261 02/08/2012 Axel
To revise the Draft Charging Scheme 2013 to offer three options:

  1. "One LIR / one fee,"
  2. the presented "model one" with self-classification as of 2014, and
  3. based on the current model including the Charging Scheme Task Force recommendations on AS, PI.

Status 29/11/2012: DONE

EB262 02/08/2012 Axel
To circulate the reviewed Draft Charging Scheme 2013 document on the members-discuss mailing list as soon as possible.
Status 29/11/2012: DONE

EB263 02/08/20 Axel
To clarify the needed resolution text for the GM to adopt a Charging Scheme from a set of options.
Status 29/11/2012: DONE

EB264 02/08/2112 Axel
To revise the Charging Scheme Timeline document to allow self-classification for the following calendar year (if applicable) until four weeks before the General Meeting.
Status 29/11/2012: Closed, overtaken by events

Implementation of the Charging Scheme 2013
a) The following services will from 2013 onwards only be available for members (members-only): DNSmon, TTM, NRTM, DAUs and Proxy service. The current contract holders who convert their agreement to a membership agreement will not be charged sign-up fee.

Resolution:
"The Executive Board resolves to not charge a sign-up fee for contract holders of any of the following services: DNSmon, TTM, NRTM, DAUs and Proxy service that become members".

After some discussion the Board concluded that TTM will be shut down and therefore no further contract holders for the service will be accepted.

The Board subsequently instructed the RIPE NCC executive not to sign any service contracts with non-members for any of the services listed in the resolution.

The Resolution, stating "The Executive Board resolves to not charge a sign-up fee for contract holders of any of the following services: DNSmon, TTM, NRTM, DAUs and Proxy service that become members" was unanimously accepted by the Board.

b) Under the current Charging Scheme 2013, Legacy space holders that want to become a member will be charged sign-up fee and pro-rata the annual service fee 2013.

Resolution, option 1:
"The Executive Board waives the sign-up fee and the fee for 2013 for Legacy space holders that become members".

or

Resolution, option 2:
"The Executive Board waives the sign-up fee and 90% of the fee for 2013 for Legacy space holders that become members".

Resolution option 1, stating "The Executive Board waives the sign-up fee and the fee for 2013 for Legacy space holders that become members" was unanimously agreed. It is noted that resolution option 2 was unanimously rejected.

4.3 Draft Minutes RIPE NCC General Meeting 26 October 2012
Nigel asked the Board members if they had any further comment on the minutes of the last RIPE NCC General Meeting, no comment was brought forward and the Board agreed to the minutes of RIPE NCC General Meeting of 26 October 2012.

5. Approval of Draft RIPE NCC Activity Plan and Budget 2013

Jochem presented the latest draft of the RIPE NCC Activity Plan and Budget 2013.

The Board asked to be notified of the progress, new developments and expenditure of the Atlas project. The Board stated that they seek more explicit details on the Atlas project before agreeing on any further expenditure.

ACTION: The Board asked Axel to provide a more detailed breakdown of the 12.5 FTEs that provide IT support services at the RIPE NCC.

5.1 Review of Draft RIPE NCC Activity Plan/Budget 2013 amendments
EB260 02/08/2012 Axel
To revise Draft RIPE NCC Activity Plan and Budget 2013 according to board specification.
Status 29/11/2012: DONE

5.2 Approval of Revised Draft RIPE NCC Activity Plan/Budget 2013
The Board unanimously approved the RIPE NCC Activity Plan and Budget 2013.

6. Clearinghouse

The Board approved the clearinghouse letter prepared for the Dutch tax authorities.

7. Report on implications of Arbiters' legal power

Jochem raised concern that some arbiters wanted to see a more robust process to support the Arbiters activities.

The Board discussed a number of options to make the process more robust and agreed to make a proposal to the Arbiters group.

The Board agreed to send a clarification document to the Arbiters on how the process works. The Board mainly discussed option 2 with the following components:

Arbiters Option 2:

  • Keep current arbitration procedure
  • Highlight that arbitration is of an informal nature and parties have the option to challenge the ruling at national courts
  • Option to outsource clerical support by appointing another party than RIPE NCC.
  • Option to request legal support.


After discussion the Board favoured option 2 with 2 amendments:

  1. Optional whether RIPE NCC provides legal and clerical support, parties can agree to ask another 3rd party and in case RIPE NCC is party it will not provide either of the 2
  2. Arbiters can call on legal support (non RIPE NCC) or other expert help to support their arbitration.


However, the cost of such expert witnesses will be born by the losing party. It was stated that the arbitration process is clearly an administrative procedure and not a formal arbitration process, as this is also not the intention.

ACTION: The Board asked Axel to re-draft the Arbiters process proposal to include the changes agreed by the Board and circulate it to the Board for final approval.

8. External Relations

8.1 ICANN / IANA
There was a brief discussion about general ICANN activities.

8.2 NRO / RIRs
Axel mentioned that the RIRs are working together to coordinate any common positions for the upcoming WTSA/WCIT meetings in Dubai.

He further reported that the RIPE NCC has entered into a MoU with APNIC to share resources for joint projects and activities. He mentioned that a number of activities in common had already been identified. Axel added that LACNIC was also considering joining in signing a similar MoU.

8.3 RIPE
Rob Blokzijl reported that RIPE 66 would be held in Dublin on 13-17 May 2013. Rob kept his report brief and said that everything was in order with the planning of the upcoming RIPE meeting.

8.4 IETF
No formal issues to report on IETF related matters.

9. AOB

No other business was brought forward.

10. Executive Session

The Chairman thanked the RIPE NCC and the Board members and closed the meeting at 18:00.

Outstanding Action Items:

EB235 08/12/2011 RM & CK
Remco and Christian agreed to closely cooperate with Daniel to prepare future project plans for RIPE ATLAS.
Status 8/03/2012: ONGOING, a meeting has been held. Deliverables are expected.
Status 14/06/2012: ONGOING, Remco and Christian will review the information provided by the RIPE NCC and suggest a way of moving forward.
Status 02/08/2012: ONGOING
Status 29/11/2012: ONGOING -- Remco and Christian agreed to contact Daniel to coordinate a meeting.

EB246 08/03/2012 AP
RIPE NCC will hand over the secretariat support for the financial accounts of MENOG by July 2012. The RIPE NCC will coordinate this with the MENOG Chairman.
Status 14/06/2012: ONGOING, expected to meet the target deadline.
Status 02/08/2012: The RIPE NCC is awaiting the MENOG Chairman's signature. IN PROGRESS
Status 29/11/2012: IN PROGRESS - Paul and Fahad to speak to Osama and suggest a way forward for the MENOG accounts. The Board asked for a proposal by the MENOG 12 Meeting.

New Action Items:

EB247 29/11/2012 AP
The Board asked the RIPE NCC to check its members' list once a year against the current list of sanctioned entities, and to take the appropriate actions.

EB248 29/11/2012 AP
The Board asked Axel to produce a more detailed plan including timeframes and expenditure for Phase 1 of the RIPE NCC Resiliency Plan in time for the next Board meeting.

EB249 29/11/2012 AP
The Board asked Axel to draft a message for Nigel to send to the RIPE NCC membership for comment, outlining a proposed way forward for the certification of PI Address Space.

EB250 29/11/2012 AP
The Board asked Axel to provide a more detailed breakdown of the 12.5 FTEs that provide IT support services at the RIPE NCC.

EB251 29/11/2012 AP
The Board asked Axel to re-draft the Arbiters process proposal to include the changes agreed by the Board and circulate it to the Board for final approval.