Does anyone know how, if at all, this relates to the "Defending Internet Freedom Act of 2015", also in the House? [https://www.congress.gov/bill/114th-congress/house-bill/2251/text] That bill has some interesting and more specific provisions about the transition: it prohibits relinquishing oversight until NTIA certifies that the ICANN bylaws have been amended to provide that: "ICANN has an external, independent process for reviewing and resolving disputes between ICANN and external parties, including members of the multistakeholder community, in all matters related to the operations and policy decisions of ICANN. Such process includes the ability to reverse decisions of the board of directors. [and] ICANN is prohibited from engaging in activities unrelated to ICANNs core mission or entering into an agreement or modifying an existing agreement to impose on a registrar or registry with which ICANN conducts business any condition (such as a condition relating to the regulation of content) that is unrelated to ICANNs core mission." Is this one of the bills you're talking about that are "floating around" without the leadership support, and therefore likely to go nowhere? David At 09:16 AM 6/9/2015, Paul Rosenzweig wrote:
Colleagues
Below is a brief notice, and attached is a copy of a bill that will be considered in Congress tomorrow 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 (and you can read the short text for yourself, in the attached PDF), 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.
Regards Paul
Paul Rosenzweig <mailto:paul.rosenzweigesq@redbranchconsulting.com>paul.rosenzweig@redbranchconsulting.com
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Subject: Bipartisan Amendment to DOTCOM Act
Friends:
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 the 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.
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