LAC-2020-3: Impact Analysis Is Mandatory

General Information

Español
28/09/2020
Under discussion
29 %. The next step will depend on moderator's decision.

Jordi Palet Martínez - Version [1, 2]
Initial discussion
09/10/2020 - 11/05/2021
First consensus
11/05/2021 - 25/05/2021

Public Comments by LACNIC Staff for this version

LACNIC Staff's Interpretation of the Proposal

Applicability
This proposal applies to the PDP.

Modifications to the current text

This proposal would modify PDP section “3.2.1. Functions of the PDP Chairs” and add a new paragraph to section “4. Responsibilities and obligations of LACNIC.”

Breakdown of the sections and their modifications

● The proposal defines the following changes to section “3.2.1. Functions of the PDP Chairs”:

3.2.1. Functions of the PDP Chairs
1. To lead and prepare Public Policy Forum discussions. Discussions will be moderated by one of the two Chairs, who may alternate in this function during the course of the event.
2. To moderate the Public Policy List and the Policy Development Process in general.
3. To evaluate and suggest minor changes to proposed texts before the corresponding call for consensus.
4. To evaluate and suggest consensus in policy discussions.
5. To suggest the finalization of the discussions on a specific issue on the Public Policy List.
6. To decide to abandon a policy.
7. To summon the creation of Working Groups on the Public Policy List.
8. To receive comments from LACNIC's staff in relation to different aspects of a policy proposal, in addition to the impact analysis.

● The proposal defines the following changes to section “4. Responsibilities and obligations of LACNIC”:

4. Responsibilities and obligations of LACNIC:
1. To act as the secretariat for the Policy Development Process and provide support to the Policy list and the Public Policy Forum by maintaining the mailing list and its archives; to provide a space for the Public Policy Forum to meet during LACNIC events; to provide assistance to the forum chairs during the Public Policy Forum; to update its website with information on the policy development process, proposals that are under discussion and those previously submitted along with their current status; to maintain and update the Policy Manual and changelog; and to provide assistance for conducting the election of the chairs.
2. To notify the implementation of proposals ratified by the board on the Policy list as soon as this occurs.
3. LACNIC will publish an Impact Analysis (IA) of each version of a proposal (informing this on the Public Policy List) within a maximum of four weeks. In special cases, this period may be reasonably extended, justifying the reasons for doing so and, if possible, with the presentation of a draft. The impact analysis will clarify the staff's interpretation of the proposal and may include, among others, notes on the implementation of the proposal, changes with respect to prior versions, comments, recommendations, the proposal’s impact on the registry system or other impacts, implementation costs, legal aspects and related references.
Considering the extraordinary workload involved in the events, the four-week period prior to the Public Policy Forum will not be considered working days for new proposals or new versions of proposals that include significant changes. Regardless of this, LACNIC will attempt to comply with the requirement to publish the documents.

Changes from version 1 to version 2:

1. In consideration of the comments made by the staff regarding the fact that the functions of the chairs include using the information they need, the new version adds that this information would be: “in addition to the impact analysis.”

2. In special cases, this period may be extended a maximum of two weeks, justifying the reasons for doing so and, if possible, with the presentation of a draft. → In special cases, this period may be reasonably extended, justifying the reasons for doing so and, if possible, with the presentation of a draft.
Considering the extraordinary workload involved in the events, the four-week period prior to the Public Policy Forum will not be considered working days for new proposals or new versions of proposals that include significant changes. Regardless of this, LACNIC will attempt to comply with the requirement to publish the documents.

LACNIC Staff Comments:

1)_ LACNIC believes that an impact analysis is a useful tool that serves as additional input for policy discussions. Having said that, the chairs and the community might begin to discuss each proposal even if the corresponding impact analysis is not yet ready.

2)_ It makes sense for impact analyses to be prepared based on the version of a policy proposal currently under discussion, not on a version that has already been updated. With this in mind, some versions of a proposal might not have their own impact analysis if two or more versions overlap.

3)_ We do our best to make sure that any impact analysis we publish is complete, yet on occasions additional information may be obtained from different sources (staff, community, other RIRs, etc.) which would be relevant to share. In such cases, we assess whether to update an impact analysis that has already been published or simply share this information at the Forum / on the list.

4)_ Item #3 proposed for the section titled Responsibilities and obligations of LACNIC specifies that the impact analysis must be presented within a period of four weeks. As already mentioned in the impact analysis we prepared for the previous version of this proposal, in most cases, four weeks would not allow enough time to coordinate a proper review of each element of a policy proposal, particularly if the review requires coordinating the schedules of persons in different time zones or involves the need to travel.

Recommendations

1)_ Consider extending the four-week period specified in item #3 to six weeks, maintaining the possibility of extending such period in special cases.

Official References
----------------------------------------------
Similar proposals at other RIRs: No bearing on the approval of this proposal.

Impact of the policy on the registry and/or other systems
---------------------------------------------------------------------------
The approval of this proposal would not affect LACNIC's systems. It would, however, increase the time required from the staff.

It should be mentioned that impact analyses were originally produced solely as input for the ratification process of certain policies by the Board. If this policy is approved and impact analyses become mandatory, specific resources would need to be assigned to prepare them.


Summary

This proposal updates the PDP in light of the doubts that have been raised regarding the mandatory nature of impact analyses.

It also establishes deadlines for these analyses, as currently no deadlines are specified.

Rationale

Section 3.2.1. currently lists the functions of the PDP chairs, one of which is to receive comments from the LACNIC staff regarding different aspects of a policy proposal. Because receiving these comments is one of the functions of the PDP chairs, it follows that the staff must prepare such comments. Indeed, the LACNIC staff have been doing so for several years now, even though these comments are communicated to the community.

In a recent email exchange (https://mail.lacnic.net/pipermail/politicas/2020-August/005768.html), the staff pointed out that they do this at their own initiative, which raises doubts regarding the interpretation of the PDP and requires clarification.

They also noted that preparing impact analyses takes time and that this time needs to be variable. However, an earlier email (https://mail.lacnic.net/pipermail/politicas/2020-August/005765.html) included a study showing that the different time requirements do not appear to be reasonable, even in the case of simple proposals or new versions that include changes that are practically editorial in nature and that address comments from a prior analysis.

The proposal also seeks to solve situations where there have been delays or faults in the communication of these analyses. All of this has been more appropriately located in section 4, which addresses LACNIC's responsibilities and obligations.

Current Text

3.2.1. Functions of the PDP Chairs

• To receive comments from LACNIC's Staff in relation to different aspects of a policy proposal. These comments may include, among others, comments on the wording of a proposal, cost of implementing a proposal, legal aspects, and where to include a proposal within the LACNIC Policy Manual.

4. Responsibilities and obligations of LACNIC

(added)

New Text
Analyze Diff

3.2.1. Functions of the PDP Chairs

(eliminated)

4. Responsibilities and obligations of LACNIC

• LACNIC will publish an Impact Analysis (IA) of each version of a proposal (informing this on the Public Policy List), within a maximum of four weeks. In special cases, this period may be extended by a maximum of two weeks, justifying the reasons for doing so and with the presentation of a draft. The impact analysis will clarify the staff's interpretation of the proposal and may include, among others, notes on the implementation of the proposal, changes with respect to prior versions, comments, recommendations, the proposal’s impact on the registry system or other impacts, implementation cost, legal aspects and related references.

Additional Information

-

Timetable

Immediate implementation

References

• AFRINIC's PDP is relatively similar to LACNIC's. It does not specify a deadline and establishes that the chairs may request AFRINIC to provide an analysis of the impact of the draft policy proposal. However, a year ago, because the staff was not submitting these analyses, they publicly agreed (https://lists.afrinic.net/pipermail/rpd/2019/009844.html) that they would automatically send them with each new proposal/version. A policy proposal has also been submitted to make impact analyses mandatory and establishing a four-week deadline for new proposals and a two-week deadline for new versions of an existing proposal.
https://afrinic.net/policy/manual
https://afrinic.net/policy/proposals/2019-gen-005-d1#proposal

• APNIC's PDP is very different and includes only five steps. Despite the fact that impact analyses are not included in the PDP, these are being prepared automatically.

• ARIN's PDP is also very different and does not explicitly mention impact analyses. Despite this, an impact analysis is presented when a proposal is accepted by the AC, usually within four weeks.

• RIPE's PDP is slightly different. The Discussion Phase, however, specifies that the RIPE NCC must conduct and publish an impact analysis within a period of four weeks and does not allow this period to be extended.
https://www.ripe.net/publications/docs/ripe-710


Summary

This proposal updates the PDP to consider the doubts that have been raised regarding the mandatory nature of impact analyses.

It also uses the opportunity to establish deadlines for these analyses.

Rationale

The current text in section 3.2.1. refers to the functions of the PDP chairs, which include receiving comments from the LACNIC staff regarding various aspects of a policy proposal. These comments may be different from the impact analyses (IA) prepared by the staff, which are not mentioned in the current PDP and yet have been prepared for many years, with the staff communicating them to the community.

In a recent email exchange (https://mail.lacnic.net/pipermail/politicas/2020-August/005768.html), the staff pointed out that this is done at their own initiative, which raises doubts regarding the interpretation of the PDP and requires clarification.

They also specified that this requires time and that this time must be variable. However, in an earlier email (https://mail.lacnic.net/pipermail/politicas/2020-August/005765.html), it was noted that the differences in the time required do not appear to be reasonable, even in the case of simple proposals or new versions that include changes that are practically editorial in nature and that address precisely comments from the previous analyses.

It is also a question of solving situations where there have been delays or problems in the communication of these analyses. All of this has been more appropriately located in section 4, which addresses LACNIC's responsibilities and obligations.

Finally, by not counting the weeks prior to the Public Policy Forums, the staff will not need to be involved in the preparation of impact analyses for any new proposals, which will discourage authors from publishing proposals too close to these events, except for new versions which are often (such as this very proposal) quite obvious and it might be said that they directly solve the weaknesses detected by the impact analysis.

Current Text

3.2.1. Functions of the PDP Chairs

• To receive comments from LACNIC's Staff in relation to different aspects of a policy proposal. These comments may include, among others, comments on the wording of a proposal, cost of implementing a proposal, legal aspects, and where to include a proposal within the LACNIC Policy Manual.

4. Responsibilities and obligations of LACNIC

(added)

New Text
Analyze Diff

3.2.1. Functions of the PDP Chairs

• To receive comments from the LACNIC Staff on various aspects of a policy proposal, in addition to the corresponding Impact Analysis.

4. Responsibilities and obligations of LACNIC

• LACNIC will publish an Impact Analysis (IA) of each version of a proposal (informing this on the Public Policy List) within a maximum of four weeks. In special cases, this period may be reasonably extended, justifying the reasons for doing so and, if possible, with the presentation of a draft. The impact analysis will clarify the staff's interpretation of the proposal and may include, among others, notes on the implementation of the proposal, changes with respect to prior versions, comments, recommendations, the proposal’s impact on the registry system or other impacts, implementation costs, legal aspects and related references.

Considering the extraordinary workload involved in the events, the four-week period prior the Public Policy Forum will not be considered working days for the purpose of new proposals or new versions of proposals that include significant modifications. Regardless of this, LACNIC will attempt to comply with the requirement to publish the documents.

Additional Information

References:

• AFRINIC's PDP, which is relatively similar to LACNIC's, does not specify a deadline and states that the chairs may request AFRINIC to provide an analysis of the impact of the draft policy proposal. However, a year ago, given that the staff was not submitting these analyses, they publicly agreed (https://lists.afrinic.net/pipermail/rpd/2019/009844.html) that they would automatically send them with each new proposal/version. A policy proposal has also been submitted to make impact analyses mandatory and establishing a four-week deadline for new proposals and a two-week deadline for new versions.
https://afrinic.net/policy/manual
https://afrinic.net/policy/proposals/2019-gen-005-d1#proposal

• APNIC's PDP is very different and includes only five steps. Despite the fact that it does not include an impact analysis, these have been automatically prepared for some time.

• ARIN's PDP is also very different and does not explicitly include an impact analysis, although the impact analysis is presented when a proposal is accepted by the AC, usually within four weeks.

• RIPE's PDP is slightly different. However, the Discussion Phase specifies that the RIPE NCC must conduct and publish an impact analysis within a period of four weeks and does not allow this period to be extended.
https://www.ripe.net/publications/docs/ripe-710

Timetable

Immediate implementation

References

-