Below you will find a November 2nd Federal Register Notice of Inquiry posted by the Department of Commerce (DOC). They are conducting an inquiry in regard to ICANN’s compliance with and performance under the Joint Project Agreement (JPA) signed in September 2006, which extended the current Memorandum of Understanding (MOU) between the DOC and ICANN.
The JPA called for a midpoint review of ICANN’s progress toward becoming a more stable, accountable and transparent organization, and the public comment process initiated by this Notice is the first step in that review process. The DOC has also indicated that it will probably hold a public hearing on this matter subsequent to the close of the public comment period on February 15, 2008.
The ICA intends to file extensive written comments on behalf of its membership, as well as to seek a witness slot at any subsequent public hearing. While ICA members are certainly encouraged to file their own separate comments with the DOC, the purpose of this memo is to seek feedback from you to assist the ICA in drafting its own comments on this very important matter. As the due date of February 15, 2008 will be the final day of the ICANN meeting being held in New Delhi, India, the ICA intends to submit its comments in early February in advance of ICA staff traveling to that meeting. Therefore, we encourage all ICA members who wish to provide input to us to forward their views no later than January 15, 2008.
The DOC notice specifically asks for feedback as to whether ICANN has made progress since October 1, 2006; how and why progress has been made; and what more could be done by ICANN; in regard to the following ten discrete areas of responsibility under the JPA:
1. Security and stability
2. Transparency
3. Accountability
4. Root server security and relationships
5. TLD management, including competition and WHOIS accuracy and access
6. Multi-stakeholder model, including furthering the effectiveness of the bottom-up policy development process
7. Role of governments, including a review of the Government Advisory Committee’s (GAC) role in providing advice on public policy aspects of ICANN’s activities
8. IP addressing
9. Corporate responsibility, including excellence and efficiency in operations
10. Corporate administrative structure, including contract enforcement
The DOC Notice clarifies that this list is not intended to be exhaustive and that comments on other aspects of ICANN’s performance and progress are welcomed.
The record created pursuant to the DOC process initiated by this Notice will be a critical factor in influencing the decision of the U.S. government regarding the continuation, modification, or termination of the MOU when it next comes up for review in September 2009. That decision will be made by the administration of the next U.S. President – whoever he or she may be – as well as by DOC political appointees who will have been only recently installed and confirmed at the time they recommend a course of action to the new President. Therefore, it is extremely important that the submission of the ICA and of individual domain name registrants be as comprehensive, and as well reasoned and documented, as possible. We thank you in advance for your consideration of this critical matter for the domain name monetization industry and look forward to receiving and reviewing your timely feedback.
Please contact me at once at the above e-mail address, or at 202-347-6875, if you have any questions regarding this request. Thank you.
###
[Federal Register: November 2, 2007 (Volume 72, Number 212)]
[Notices]
[Page 62220-62222]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no07-35]
———————————————————————–
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No. 071023616-7617-01]
The Continued Transition of the Technical Coordination and
Management of the Internet’s Domain Name and Addressing System: Midterm
Review of the Joint Project Agreement
AGENCY: National Telecommunications and Information Administration,
U.S. Department of Commence
ACTION: Notice of Inquiry
———————————————————————–
SUMMARY: The United States Department of Commerce’s National
Telecommunications and Information Administration (NTIA) seeks comments
on the continued transition to the private sector of the technical
coordination and management of the Internet’s domain name and
addressing system (DNS). NTIA and the Internet Corporation for Assigned
Names and Numbers (ICANN) signed a Joint Project Agreement (JPA) on
September 29, 2006. It called for a midpoint review of ICANN’s progress
towards becoming a more stable organization with greater transparency
and accountability in its procedures and decision making. The
Department of Commerce seeks comment regarding the progress achieved on
the Responsibilities identified in the JPA.
DATES: Comments are due on or before February 15, 2008.
ADDRESSES: Written comments may be submitted by mail to Suzanne R.
Sene, Office of International Affairs, National Telecommunications and
Information Administration, 1401 Constitution Avenue, N.W., Room 4701,
Washington, DC 20230. Paper submissions should include a three and one-
half inch computer diskette in HTML, ASCII, Word or WordPerfect format
(please specify version). Diskettes should be labeled with the name and
organizational affiliation of the filer, and the name of the word
processing program used to create the document. Alternatively, comments
may be submitted electronically to JPAMidTermReview@ntia.doc.gov.
Comments provided via electronic mail should also be submitted in one
or more of the formats specified above. Comments will be posted to
NTIA’s website at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ntia.doc.gov/ntiahome/domainname/jpamidtermreview.html.
FOR FURTHER INFORMATION CONTACT: For questions about this Notice
contact: Suzanne R. Sene, National Telecommunications and Information
Administration, U.S. Department of Commerce, 1401 Constitution Avenue,
N.W., Room 4701, Washington, DC 20230; telephone: (202) 482-3167; or
email: ssene@ntia.doc.gov Please direct media inquiries to the Office
of Public Affairs, NTIA, at (202) 482-7002.
SUPPLEMENTARY INFORMATION: Background: A July 1, 1997 Executive
Memorandum directed the Secretary of Commerce to privatize the domain
name system (DNS) in a manner that increases competition and
facilitates international participation in its management.1 In order
to fulfill this Presidential directive, the Department of Commerce in
June 1998, issued a statement of policy on the privatization of the
Internet Domain Name System (DNS), known as the DNS White Paper.2
This document articulated four primary functions for global DNS
coordination and management:
—————————————————————————
1 Memorandum on Electronic Commerce, 2 Pub. Papers 898 (July
1, 1997).
2 Management of Internet Names and Addresses, 63 Fed. Reg.
31,741 (June 10, 1998).
—————————————————————————
1. To set policy for and direct the allocation of IP number blocks;
2. To oversee the operation of the Internet root server system;
3. To oversee policy for determining the circumstances under which
new top level domains (TLDs) would be added to the root server system;
and
4. To coordinate the assignment of other technical protocol
parameters as needed to maintain universal connectivity on the
Internet.
In the DNS White Paper, the Department of Commerce concluded that
these functions were relevant to the state of the DNS and should be
primarily performed through private sector management. To this end, the
Department of Commerce stated that it was prepared to enter into
agreement with a new not-for-profit corporation formed by private
sector Internet stakeholders. Private sector interests formed the
Internet Corporation for Assigned Names and Numbers (ICANN) for this
purpose. In the fall of 1998, the Department of Commerce entered into a
Memorandum of Understanding (MOU) with ICANN, a California non-profit
corporation, to transition technical DNS
[[Page 62221]]
coordination and management functions to the private sector.3
—————————————————————————
3 Memorandum of Understanding Between the U.S. Department of
Commerce and the Internet Corporation for Assigned Names and Numbers
(November 25, 1998), available at http://www.ntia.doc.gov/ntiahome/
domainname/icann-memorandum.htm.
—————————————————————————
On June 30, 2005 NTIA released the U.S. Principles on the
Internet’s Domain Name and Addressing System, which state: the United
States Government intends to preserve the security and stability of the
DNS by maintaining its historic role in authorizing changes or
modifications to the authoritative root zone file; governments have
legitimate interest in the management of their country code top level
domains (ccTLD); ICANN is the appropriate technical manager of the
Internet’s DNS; and dialogue related to Internet governance should
continue in relevant multiple fora.4
—————————————————————————
4U.S. Department of Commerce, U.S. Principles on the
Internet’s Domain Name and Addressing System (June 30, 2005), http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ntia.doc.gov/ntiahome/domainname/usdnsprinciples–06302005.htm.
—————————————————————————
On May 23, 2006, NTIA issued a Notice of Inquiry and announced a
Public Meeting on The Continued Transition of the Technical
Coordination and Management of the Internet Domain Name and Addressing
System.5 The public consultation resulted in over 700 contributions
from individuals, private corporations, trade associations, non-
governmental entities and foreign governments. It showed broad support
for continuing the transition of the coordination of the technical
management of the DNS to the private sector and the continued
involvement of the DOC in this transition. On September 29, 2006, NTIA
and ICANN signed a Joint Project Agreement (JPA) extending the current
Memorandum of Understanding between the Department and ICANN. The JPA
called for a midpoint review of ICANN’s progress towards becoming a
more stable organization with greater transparency and accountability
in its procedures and decision making.
—————————————————————————
5U.S. Department of Commerce,Notice of Inquiry, Notice of
Public Meeting: The Continued Transition of the Technical
Coordination and Management of the Internet Domain Name and
Addressing System to the private sector. http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ntia.doc.gov/ntiahome/domainname/dnstransition.html.
—————————————————————————
REQUEST FOR COMMENT:
Given the requirement of a midterm review in the JPA, NTIA seeks
comments on the progress achieved on the Responsibilities included in
the JPA.
The questions below are intended to assist in identifying the
issues and should not be construed as a limitation on comments that may
be submitted. When references are made to studies, research, and other
empirical data that are not widely published, please provide copies of
the referenced materials with the submitted comments.
1. In the JPA, ICANN agreed to undertake the following with respect
to security and stability: “ICANN shall coordinate, at the overall
level, the global Internet’s systems of unique identifiers, and in
particular to ensure the stable and secure operation of the Internet’s
unique identifier systems.”6 What progress do you believe ICANN has
achieved with regard to this Responsibility since October 1, 2006? If
you believe that progress has been made, please explain how and why?
Could more be done by ICANN in this area?
—————————————————————————
6See JPA Annex A, ] 1.
—————————————————————————
2. In the JPA, ICANN agreed to undertake the following with respect
to transparency: “ICANN shall continue to develop, test and improve
processes and procedures to encourage improved transparency,
accessibility, efficiency, and timeliness in the consideration and
adoption of policies related to technical coordination of the Internet
DNS, and funding for ICANN operations. ICANN will innovate and aspire
to be a leader in the area of transparency for organizations involved
in private sector management.”7 What progress do you believe ICANN
has achieved with regard to this Responsibility since October 1, 2006?
If you believe that progress has been made, please explain how and why?
Could more be done by ICANN in this area?
—————————————————————————
7Id at ] 2.
—————————————————————————
3. In the JPA, ICANN agreed to undertake the following with respect
to accountability: “ICANN shall continue to develop, test, maintain,
and improve on accountability mechanisms to be responsive to global
Internet stakeholders in the consideration and adoption of policies
related to the technical coordination of the Internet DNS, including
continuing to improve openness and accessibility for enhanced
participation in ICANN’s bottom-up participatory policy development
processes.”8 What progress do you believe ICANN has achieved with
regard to this Responsibility since October 1, 2006? If you believe
that progress has been made, please explain how and why? Could more be
done by ICANN in this area?
—————————————————————————
8Id at ] 3.
—————————————————————————
4. In the JPA, ICANN agreed to undertake the following with respect
to root server security and relationships: “ICANN shall continue to
coordinate with the operators of root name servers and other
appropriate experts with respect to the operational and security
matters, both physical and network, relating to the secure and stable
coordination of the root zone; ensure appropriate contingency planning;
maintain clear processes in root zone changes. ICANN will work to
formalize relationships with root name server operators.”9 What
progress do you believe ICANN has achieved with regard to this
Responsibility since October 1, 2006? If you believe that progress has
been made, please explain how and why? Could more be done by ICANN in
this area?
—————————————————————————
9Id at ] 4.
—————————————————————————
5. In the JPA, ICANN agreed to undertake the following with respect
to TLD management: “ICANN shall maintain and build on processes to
ensure that competition, consumer interests, and Internet DNS stability
and security issues are identified and considered in TLD management
decisions, including the consideration and implementation of new TLDs
and the introduction of IDNs. ICANN will continue to develop its policy
development processes, and will further develop processes for taking
into account recommendations from ICANN’s advisory committees and
supporting organizations and other relevant expert advisory panels and
organizations. ICANN shall continue to enforce existing policy relating
to WHOIS, such existing policy requires that ICANN implement measures
to maintain timely, unrestricted and public access to accurate and
complete WHOIS information, including registrant, technical, billing
and administrative contact information. ICANN shall continue its
efforts to achieve stable agreements with country-code top-level domain
(ccTLD) operators.”10 What progress do you believe ICANN has
achieved with regard to this Responsibility since October 1, 2006? If
you believe that progress has been made, please explain how and why?
Could more be done by ICANN in this area?
—————————————————————————
10Id at ] 5.
—————————————————————————
6. In the JPA, ICANN agreed to undertake the following with respect
to the multi-stakeholder model: “ICANN shall maintain and improve
multi-stakeholder model and the global participation of all
stakeholders, including conducting reviews of its existing advisory
committees and supporting organizations, and will continue to further
the effectiveness of the bottom-up policy development processes. ICANN
will strive to increase engagement with the Private Sector by
[[Page 62222]]
developing additional mechanisms for involvement of those affected by
the ICANN policies.”11 What progress do you believe ICANN has
achieved with regard to this Responsibility since October 1, 2006? If
you believe that progress has been made, please explain how and why?
Could more be done by ICANN in this area?
—————————————————————————
11Id at ] 6.
—————————————————————————
7. In the JPA, ICANN agreed to undertake the following with respect
to the role of governments: “ICANN shall work with the Government
Advisory Committee Members to review the GAC’s role within ICANN so as
to facilitate effective consideration of GAC advice on the public
policy aspects of the technical coordination of the Internet.”12
What progress do you believe ICANN has achieved with regard to this
Responsibility since October 1, 2006? If you believe that progress has
been made, please explain how and why? Could more be done by ICANN in
this area?
—————————————————————————
12Id at ] 7.
—————————————————————————
8. In the JPA, ICANN agreed to undertake the following with respect
to IP addressing: “ICANN shall continue to work collaboratively on a
global and regional level so as to incorporate Regional Internet
Registries’ policy-making activities into the ICANN processes while
allowing them to continue their technical work. ICANN shall continue to
maintain legal agreements with the RIRs (and such other appropriate
organizations) reflecting this work.”13 What progress do you believe
ICANN has achieved with regard to this Responsibility since October 1,
2006? If you believe that progress has been made, please explain how
and why? Could more be done by ICANN in this area?
—————————————————————————
13Id at ] 8.
—————————————————————————
9. In the JPA, ICANN agreed to undertake the following with respect
to corporate responsibility: “ICANN shall maintain excellence and
efficiency in operations, including good governance, organizational
measures to maintain stable, international private sector organization,
and shall maintain relevant technical and business experience for
members of the Board of Directors, executive management, and staff.
ICANN will implement appropriate mechanisms that foster participation
in ICANN by global Internet stakeholders, such as providing educational
services and fostering information sharing for constituents and
promoting best practices among industry segments.”14 What progress
do you believe ICANN has achieved with regard to this Responsibility
since October 1, 2006? If you believe that progress has been made,
please explain how and why? Could more be done by ICANN in this area?
—————————————————————————
14Id at ] 9.
—————————————————————————
10. In the JPA, ICANN agreed to undertake the following with
respect to its corporate administrative structure: “ICANN shall
conduct a review of, and shall make necessary changes in, corporate
administrative structure to ensure stability, including devoting
adequate resources to contract enforcement, taking into account
organizational and corporate governance “best practices.”15 What
progress do you believe ICANN has achieved with regard to this
Responsibility since October 1, 2006? If you believe that progress has
been made, please explain how and why? Could more be done by ICANN in
this area?
—————————————————————————
15Id at ] 10.
Dated: October 30, 2007.
John M. R. Kneuer,
Assistant Secretary for Communications and Information.
[FR Doc. E7-21626 Filed 11-1-07; 8:45 am]
BILLING CODE 3510-60-S