2015-06-10

ICANN, IANA Transition, New DOTCOM Act, Enactment Likely (video)



Above video is a session at the Techonomy Policy conference, June 9, 2015, on the Worrisome Future of the Internet (Policy 15 - Techonomy): Fadi Chehadé, Internet Corporation for Assigned Names and Numbers (ICANN); Steve DelBianco, NetChoice; Miriam Sapiro, Summit Strategies International and The Brookings Institution; Moderator: Gordon Goldstein, Silver Lake - discussion includes the IANA Stewardship Transition and Enhancing ICANN Accountability. Beginning @12:55 Steve DelBianco discusses Congressional bipartisan support for an amended DOTCOM Act (see below).
"Subject: Bipartisan Amendment to DOTCOM Act -- Attached please find a copy of the Amendment in the Nature of a Substitute that Chairman Walden, Ranking Member Pallone, and Mr. Shimkus have agreed to.  As we mentioned on calls to many of you, we think this amendment represents a responsible path forward that respects the multistakeholder process without abrogating our Committee's oversight of NTIA. Very shortly, we will be noticing a subcommittee markup for this Wednesday, where we expect the subcommittee will favorably report H.R. 805 to the Committee with bipartisan support." (emphasis added) Attachment: "Domain Openness Through Continued Oversight Matters Act of 2015" / DOTCOM Act of 2015 (pdf) which provides an amended new title: "A bill to provide for certain requirements relating to the Internet Assigned Numbers Authority stewardship transition."-- posted on the ICANN CCWG-Accountability mail list by Paul Rosenzweig who also stated:
"... [the legislation] will be considered in Congress tomorrow [Wednesday, June 10, 2015] relating to the IANA transition. Unlike other bills floating in Congress, this one has the support of the Chairman and Ranking Member of the House Energy and Commerce Committee. In other words, it has support of both Democrats and Republicans and, implicitly, is likely something the Administration would accept. Thus, though one can never be sure in these matters, I assess it as reasonably likely that this bill will become law.

"On the merits, my own sense is that many in the community will welcome the provisions of this bill. First, and foremost, it puts Congress on record in favor of the overall goal of having the transition happen, thus laying to rest concerns that some in Congress might seek to short-circuit the process. In more detail ... the bill provides:


"1. There will be 30 legislative days (i.e. working week days) after notification to Congress prior to the transfer going into effect. This will allow Congress to review the terms of the transfer. To stop it, however, would require a separate bill enacted into law.

"2. It requires NTIA to certify that the proposed transition meets the five criteria set by the NTIA at the start of the process. This seems a very modest requirement, since if our proposal did not meet that set of requirements, NTIA would not approve it in the first instance.

"3. It also requires NTIA to certify that ICANN has approved and implemented all required bylaw changes contained in the final report of the CCWG and the CWG before the transition occurs, i.e., ICANN has to follow through and complete the bylaw revision process before the formal termination of the contract." (emphasis added)


From the amended/substituted HR 805:
"Requirements for IANA Stewardship Transition: .... a certification by the Assistant Secretary [Larry Strickling, NTIA] that— (A) such proposal— (i) supports and enhances the multi-stakeholder model of Internet governance; (ii) maintains the security, stability, and resiliency of the Internet domain name system; (iii) meets the needs and expectations of the global customers and partners of the Internet Assigned Numbers Authority services; (iv) maintains the openness of the Internet; and (v) does not replace the role of the NTIA with a government-led or intergovernmental organization solution; and (B) the required changes to ICANN’s by-laws contained in the final report of ICANN’s Cross Community Working Group on Enhancing ICANN Accountability and the changes to ICANN’s bylaws required by ICANN’s IANA Stewardship Transition Coordination Group [ICG] have been implemented." (emphasis added)
The current NTIA-ICANN IANA Functions Contract (pdf) expires September 30, 2015, but contains an option period of October 1, 2015 - September 30, 2017.


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