ICANNWatch
 
  Inside ICANNWatch  
Submit Story
Home
Lost Password
Preferences
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    USA Goverment Relations Full Text of HR2417 Contains a Surprise
    posted by michael on Tuesday July 03 2001, @06:04AM

    A kind person has sent us a .pdf copy of the draft of HR 2417, the "Dot Kids Domain name Act of 2001" (converted to HTML). The bill would require the US Department of Commerce (DoC) to "jointly with ICANN, develop a plan" for creation of .kids. The domain shall use a "green light approach" i.e. "shall be available for voluntary use as a location only of material that is considered suitable for minors and shall not be available for use as a location of any material that is harmful to minors". Someone–it's not specified who–will periodically audit .kids to "ensure compliance with requirements". Registrants excluded from the domain will have a right to a due process hearing. The bill also contains a description of the application and selection procedures (written, objective criteria, fees to be limited to actual expenses, excess refunded). Plus it enforces tight deadlines on ICANN.

    Turns out, however, there's something else important lurking in the bill: a section prohibiting DoC from ever surrendering the root to ICANN.



    Tucked away towards the bottom of the bill is this language, which blocks DoC from surrendering the root to ICANN – ever.
    (e) CONTINUATION OF DEPARTMENT OF COMMERCE OVERSIGHT AND APPROVAL AUTHORITY.— During any period that ICANN has any authority for the establishment of top-level generic or county code Internet domains and for selection of registry services for such domains, the Secretary of Commerce—
    (1) shall carry out oversight and approval of such functions for the Federal Government; 
    (2) shall make every reasonable effort to retain the authority reserved to the Department of Commerce under the Memorandum of Understanding referred to in section 2( a)( 1) of this Act and any  amendments to such Memorandum; and
    (3) shall diligently exercise such authority.
    Although DoC has recently disclaimed any present intention to turn the root over to ICANN, it previously seemed to suggest that it would be prepared to do so once ICANN finished up the tasks set out in the original MOU. And that has certainly been ICANN's view in its progress reports to the government. Not to mention that many non-US participants in the ICANN process chafe at the US government's role.

    Here's how I described the state of play a year ago:

    Whether and under what circumstances DoC would turn over the root to ICANN has been the subject of somewhat contradictory pronouncements. In the White Paper, DoC stated, "The U.S. Government would prefer that this transition be complete before the year 2000. To the extent that the new corporation is established and operationally stable, September 30, 2000 is intended to be, and remains, an 'outside' date." White Paper, at 31,744. More recently, DoC assured Congress that it intends to retain its rights over the DNS: 
    The Department of Commerce has no intention of transferring control over the root system to ICANN at this time [July 8, 1999]. . .. If and when the Department of Commerce transfers operational responsibility for the authoritative root server for the root server system to ICANN, an [sic] separate contract would be required to obligate ICANN to operate the authoritative root under the direction of the United States government.
    Letter from Andrew J. Pincus, DoC General Counsel, to Rep. Tom Bliley, Chairman, United States House Committee on Commerce (July 8, 1999), National Telecommunications and Information Administration

    Meanwhile, or at best slightly later, DoC apparently assured the European Union that it intends to give ICANN full control over the DNS by October 2000:

    [T]he U.S. Department of Commerce has repeatedly reassured the Commission that it is still their intention to withdraw from the control of these Internet infrastructure functions and complete the transfer to ICANN by October 2000. . . . The Commission has confirmed to the US authorities that these remaining powers retained by the United States DoC regarding ICANN should be effectively divested, as foreseen in the US White Paper.
    Commission of the European Communities, Communication from the Commission to the Council and the European Parliament: The Organization and Management of the Internet International and European Policy Issues 1998-2000, at 14 (Apr. 7, 2000), Information Society Promotion Office

    Recently, DoC assured the GAO that "it has no current plans to transfer policy authority for the authoritative root server to ICANN, nor has it developed a scenario or set of circumstances under which such control would be transferred." GAO Report, at 30. ICANN meanwhile stated on June 30, 2000, that "[s]ince it appears that all of the continuing tasks under the joint project may not be completed by the current termination date of the MOU, the MOU should be extended until all the conditions required to complete full transition to ICANN are accomplished." Second Status Report Under ICANN/US Government Memorandum of Understanding (30 June 2000), § D.4 (June 30, 2000)

    Looks as if HR 2417, were it to pass, would sort out that confusion.

     
      ICANNWatch Login  
    Nickname:

    Password:

    [ Don't have an account yet? Please create one. It's not required, but as a registered user you can customize the site, post comments with your name, and accumulate reputation points ("karma") that will make your comments more visible. ]

     
      Related Links  
  • ICANNWatch.org
  • Letter from Andrew J. Pincus, DoC General Counsel, to Rep. Tom Bliley, Chairman, United States House Committee on Commerce (July 8, 1999), National Telecommunications and Information Administration
  • Communication from the Commission to the Council and the European Parliament: The Organization and Management of the Internet International and European Policy Issues 1998-2000, at 14 (Apr. 7, 2000), Information Society Promotion Office
  • Second Status Report Under ICANN/US Government Memorandum of Understanding (30 June 2000), § D.4
  • a .pdf copy
  • HR 2417, the "Dot Kids Domain name Act of 2001"
  •  
    This discussion has been archived. No new comments can be posted.
    Full Text of HR2417 Contains a Surprise | Log in/Create an Account | Top | 8 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Re: Full Text of HR2417 Contains a Surprise
    by hofjes on Wednesday July 04 2001, @08:23AM (#1082)
    User #60 Info
    Whether should be a domain name is fairly innocuous.

    But, whether ICANN is performing is an important issue. This bill will bring hearings that scrutinize ICANN. The farther the bill goes down the legislative process, the more Congress will learn about ICANN.

    Hopefully, ICANN will make positive changes in anticipation of the hearings.
    [ Reply to This | Parent ]
    • 1 reply beneath your current threshold.
  • 4 replies beneath your current threshold.

  • Search ICANNWatch.org:


    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com